ENACTMENT OF TITLE 5, UNITED STATES CODE
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Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP67B00446R000500160013-6
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RIFPUB
Original Classification:
K
Document Page Count:
2
Document Creation Date:
December 15, 2016
Document Release Date:
April 13, 2004
Sequence Number:
13
Case Number:
Publication Date:
September 7, 1965
Content Type:
OPEN
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Approved For Release 2004/05105 CIA-RDP67B00446R000500160013-6
September 7, 1965 CONGRESSIONAL RECORD - HOUSE
"Chief of Ordnance" wherever it appears and
inserting in place thereof "Secretary".
SEC. 13. Section 4565(a) of title 10, United
States Code, is amended by striking out
"Quartermaster General" and inserting in
place thereof "Secretary".
SEC. 14. Section 4712(a) of title 10, United
States Code, is amended by sriking out "the
court-martial jurisdiction of the Army or
the Air Force" and inserting in place thereof
"military law".
SEC. 15. Section 4834 of title 10, United
States Code, is amended by striking out the
designation "(a)" and subsection (b).
SEC. 16. Section 5036(a) of title 10, United
States Code, is amended by striking out "and
the Assistant Secretary of the Navy for Air"
and "and the Assistant Secretary for Air".
SEC. 17. Chapter 513 of title 10, United
States Code, is amended by striking out
"pay," in item 5149 of the analysis and in
the catchline for section 5149.
SEC. 18. Section 9343 of title 10, United
States Code, is amended by striking out
"faculty" in the first sentence and inserting
In place thereof "Academy Board".
SEC. 19. Section 9346 of title 10, United
States Code, Is amended by adding the fol-
lowing new subsection:
"(d) To be admitted to the Academy, an
appointee must take and subscribe to an
oath prescribed by the Secretary of the Air
Force. If a candidate for admission refuses
to take and subscribe to the prescribed oath,
his appointment is terminated."
SEC. 20. Section 9712(a) of title 10, United
States Code, is amended by striking out "the
court-martial jurisdiction of the Air Force
or the Army" and Inserting in place thereof
ilitary law".
SEC. 21. Section 209 of title 37, United
States Code, is amended-
(1) by striking out ", United States Code,"
by' striking out "twenty" and inserting in
place thereof "20", and by striking out" "sec-
tion 6 (d) (1) of the Universal Military Train-
ing and Service Act, as amended (50 U.S.C.
App. 456 (d) (1)) and inserting in place
thereof "section 456(d) (1) of title 50, ap-
pendix", in subsection (a); and
(2) by striking out ", United States Code,"
In subsection (c).
SEC. 22. Section 302(b) (3) of title 37,
United States Code, is amended by striking
out "and" at the end thereof and inserting
in place thereof "or".
SEC. 23. Section 403(a) of title 37, United
States Code, is amended to read as follows:
"(a) Except as otherwise provided by this
section or by another law, a member of a
uniformed service who is entitled to basic
pay is entitled to a basic allowance for quar-
ters at the following monthly rates accord-
ing to the pay grade in which he is assigned
or distributed for basic pay purposes:
Without
dependents
With
dependents
4-10--------------------------
0-9---------------------------
0-8--------------------------
0-7---------------------------
0-6 ---------------------------
0-5---------------------------
0-4-----------------------
0-3---------------------------
0-2---------------------------
0-1---------------------------
W-4----------------- ----------
w-3--------------------------
W-2------------------------
W-I---------------------------
E-9---------------------------
E-$---------------------------
E-7- - ------------------------
E-6---------------------------
E-5---------------------------
E-4 (over 4 years' service) -----
X-4 (4 years' or less service --_-
E-3-------------------------
E-2------------------ --------
E-1----------- ---
$160.20
160.20
160.20
100.20.
140.10
130.20
120.00
105.00
95.10
85.20
120.00
105.00
95.10
85.20
85.20
85.20
75.00
70.20
70.20
70.20
45.00
45.00
45.00
45.00
$20L 00
201.00
201.00
201.00
170.10
157.60
145.05
130.05
120.00
110.10
145.05
130.05
120.00
110.10
120.00
120.00
114.90
110.10
105.00
105.00
45.00
45.00
45.00
45.00
A member In pay grade E-4 (less than four
years' service), E-3, E-2, or E-1 is considered
at all times to be without dependents."
SEC. 24. Section 404(d) of title 37, United
States Code, is amended-
(1) by striking out "by the Chief of Fi-
nance of the Army" in clause (1) ;
(2) by striking out "section" in clause (2)
and inserting in place thereof "subsection";
(3) by striking out "$12" in clause (2)
and inserting in place thereof "$16";
(4) by striking out "section" in clause
(3) and inserting in place thereof "subsec-
tion"; and
(5) by adding at the end thereof the fol-
lowing new flush sentence:
"Where due to unusual circumstances of a
travel assignment the maximum per diem
allowance would be less than the amount re-
quired to meet the actual and necessary ex-
penses of the trip, reimbursement for such
expenses may be authorized, under regula-
tions prescribed by the Secretaries concerned,
on an actual expense basis, but not more
than the amount specified in the travel au-
thorization, and in any event not more than
$30 for each day in a travel status."
SEC. 25. Section 405 of title 37, United
States Code, is amended by striking out "a"
after "including" in the first sentence and
inserting in place thereof "the".
SEC. 26. Section 406 of title 37, United
States Code, is amended-
(1) by striking out "temporary or perma-
nent change of station" in subsection (b) and
inserting in place thereof "change of tem-
porary or permanent station"; and
(2) by inserting' "is" before "placed" in
subsection (g) (1).
SEC. 27. Section 407 of title 37, United
States Code, is amended by striking out
"permanent change of station" in subsec-
tions (a) and (b) (2) and inserting in place
thereof "change of permanent station".
SEC. 28. Section 409 of title 37, United
States Code, is amended by striking out
"goods" in the first sentence and inserting
in place thereof "effects".
SEC. 29. Sections 415(a), 416(b), and 422(c)
of title 37, United States Code, are each
amended by striking out ", United States
Code,".
SEC. 30. Section 419 of title 37, United
States Code, is amended by striking out "716"
in place thereof "717".
SEC. 31. Section 701(d) of title 37,-United
States Code, Is amended by striking out
"Chief of Finance (in cases involving the
Army) or by the Secretary of the Air Force."
and inserting in place thereof "Secretary
concerned".
SEC. 22. Section 801 of title 37, United
States Code, Is amended-
(1) by striking out subsection (b); and
(2) by striking out "two" in subsection
(c) and inserting in place thereof "three".
SEC. 33. Section 1001(b) of title 37, United
States Code, is amended by inserting "and
allowances" before "matters".
SEC. 34. Section 1007(c) of title 37, United
States Code, is amended by striking out
"basic" in the second sentence.
SEC. 35. (a) The Act of September 7, 1962,
Public Law 87-649 (76 Stat. 451). is amended
as follows:
(1) The first sentence of section 10 (76
Stat. 496) is amended by striking out "(64
"(64 Stat. 794) ".
(2) Section 14b, headed "Statutes
out, in the item relating to the Act of Sep=
tember 8, 1950, "1, 4,", "794, 795,", and "231,
22109
(b) Clause (2) of subsection (a) of this
section is effective as of November 1, 1962.
SEC. 36. (a) Laws becoming effective after
June 1, 1965, that are inconsistent with
this Act shall be considered as superseding
it to the extent of the inconsistency.
(b) References made by other laws, regu-
lations, and orders to the laws restated by
this Act shall be considered to be made to
the corresponding provisions of this Act.
(c) Actions taken under the laws re-
stated by this Act shall be considered to
have been taken under the corresponding
provisions of this Act.
SEC. 37. The following laws are repealed
except with respect to rights and duties
that matured, penalties that were incurred,
and proceedings that were begun before the
effective date of this Act:
(1) Section 1409 of the Supplemental
Appropriation Act, 1953 (66 Stat. 661), as
amended by section 2 of the Act of October
9, 1962, Public Law 87-777 (76 Stat. 777).
(2) Section 1309 of the Suppelmental Ap-
propriation Act, 1954 (67 Stat. 437), as
amended by section 2 of the Act of October
9, 1962, Public Law 87-777 (76 Stat. 777).
(3) The Act of June 27, 1962, Public Law
87-500 (76 Stat. 111).
(4) Section 1 of the Act of June 28, 1962,
Public Law 87-509 (76 Stat. 120).
(5) Section 1 of the Act of July 10, 1962,
Public Law 87-531 (76 Stat. 152).
(6) The Act of October 9, 1962, Public
Law 87-777 (76 Stat. 777).
(7) Section 6112 of title 10, United States
Code.
The bill was ordered to be engrossed
STATES COD
The Clerk called the bill (H.R. 10104)
to enact title 5, ' United States Code,
"Government Organization and Em-
ployees," codifying the general and per-
manent laws relating to the organiza-
tion of the Government of the United
States and to its civilian officers and em-
ployees.
The SPEAKER pro tempore. Is there
objection to the present consideration of
the bill?
Mr. PELLY. Mr. Speaker, reserving
the right to object, I note that this bill is
some 367 pages. In the interest of
economy and in accordance with pre-
cedent, I ask unanimous consent that we
waive the printing of the bill in the
RECORD.
The SPEAKER pro tempore. Is there
objection to the request of the gentle-
man from Washington?
There was no objection.
The SPEAKER pro tempore. Is there
objection to the present consideration of
jection.
and read a third time, was read the third
time, and passed, and a motion to recon-
sider was laid on the table. -
SPRUCE KNOB-SENECA ROCKS REC-
REATION AREA, W. VA.
The Clerk called the bill (H.R. 10330)
to provide for the establishment of the
Spruce Knob-Seneca Rocks National
(3) Section 14d, headed "Sections of Title
14, United States Code" (76 Stat. 502), is
amended by adding at the end thereof the-
following:
"(7) Section 471 (a) and (b)."
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22110 CONGRESSIONAL RECORD - HOUSE September 7, 1965
Recreation Areoa, in the State of West
Virginia, and for other purposes.
The SPEAKER pro tempore. Is there
objection to the present consideration of
the bill?
Mr. ASPINALL. Mr. Speaker, reserv-
ing the right to object, and I hope I will
not have to object, I desire to ask a ques-
tion or two of the sponsor of the bill.
This bill, as well as the one following,
carries no authorization for appropria-
tion; is that correct?
Mr. STAGGERS. That is correct;
there is no authorization for appropria-
tion.
Mr. ASPINALL. Also, as I under-
stand, the situation, this bill is written
in complete conformity with the provi-
sions of the Land and Water Conserva-
tion Fund Act. The Land and Water
Conservation Fund Act provides for the
purchase of inholdings but does not pro-
vide for the purchase of adjacent lands
which might be used for these purposes.
The purpose of this bill is to bring in
harmony the authority of the Depart-
ment of Agriculture to purchase lands
presently outside of the National Forests
in order to include them within a recrea-
tional area; is that correct?
Mr. STAGGERS. That is my under-
standing; some 6,000 acres.
Mr. ASPINALL. Mr. Speaker, I with-
draw my reservation of objection.
Mr. GROSS. Mr. Speaker, further
reservaing the right to object, I am not
clear as to how many acres are proposed
to be purchased for this recreational
area; nor am I clear as to whether the
Federal Government, having developed
this very sizable tract for recreation,
hunting and fishing, the people who use
it are going to have to buy State fishing
licenses from the State of West Virginia.
Mr. STAGGERS. Yes; I am sure that
they will. The Government owns a great
amount of this land at the present time.
There are some 60,000 acres lying outside
of the 100,000 acres proposed. It is all
within two counties in West Virginia.
The gentleman from Colorado [Mr.
ASPINALLI asked whether there was any
authorization for appropriation. There
is not. This is contained within the
Land and Water Conservation Act at the
present time.
Mr. GROSS. Mr. Speaker, is the gen-
tleman saying that there will be pur-
chased, with Federal funds, 60,000 acres
of land?
Mr. STAGGERS. It is 6,000 acres in-
stead of 60,000. This is a bill which has
been passed by the other body and-sent
over here.
Mr. GROSS. Which is it-6,000 or
60,000?
Mr. STAGGERS. It is 6,000.
Mr. GROSS. What would be the aver-
age cost of the acquisition of this land?
Mr. STAGGERS. It is all mountain
land, in the scenic part of West Virginia.
The highest part of the.State's Spruce
Knob is some 4,860 feet. There is no
farming in that area and there is no
salable lumber in that area.
Mr. GROSS. Mr. Speaker, I would
like to ask this question. In other na-
tional recreation areas are those who use
them, and who come from other States,
required to buy fishing licenses?
Mr. STAGGERS. Yes.
Mr. ASPINALL. Mr. Speaker, will the
gentleman yield to me?
Mr. GROSS. I yield to the gentleman.
Mr. ASPINALL. This is written in
complete conformity with the Land and
Water Conservation Fund Act. Anyone
fishing and hunting within a State must
purchase a State license. If he is a non-
resident he must purchase a nonresident
license. Not only that, as I understand,
in this particular area fees will be
charged-entrance fees or aser fees will
be charged for the use of the areas as
they are developed by the National Forest
Service. This is a part of the Land and
Water Conservation Act law, and as my
friend will remember, that passed a year
ago, which legislation, by he way, has
had some criticism recently of its admin-
istration and enforcement. But, may I
say, that our latest report is that by and
large the Land and Water Conservation
Fund Act is working very well.
Mr; GROSS. Then, in order to use an
area that has been developed by the tax-
payers' money of all the United States,
those taxpayers who use it will be re-
quired not only to pay an admissions fee
but to buy a fishing license, a nonresident
fishing license, in that State; is that
right?
Mr. ASPINALL. If my colleague will
yield to me, this has been true through-
out the years as far as th3 public land
States in the West are concerned. In
Colorado big game and small game and
fishing licenses are required to hunt upon
the public domain.
Mr. GROSS. Does not the gentleman
from Colorado think it is about time that
we arrived at some kind of legislation to
provide for a Federal fishing license?
Mr. ASPINALL. If my friend will per-
mit an answer in this respect, I do not
believe that that time is yet here.
Mr. GROSS. The gentleman does not
think it is?
Mr. ASPINALL. I do not think so. I
believe that the game and fish opera-
tions are best preserved by the States
themselves.
Mr. GROSS. Well, of course, the
State is not preserving this. This bur-
den or expense is falling upon the tax-
payers of the entire country.
Mr. ASPINALL. If the gentleman will
yield further, the game and fish values
are preserved by the States. They are.
propagated by the States and they are
conserved by the States, even though the
lands are public lands.
Mr. GROSS. Would the gentleman
say that they cannot obtain fish to stock
a lake reservoir, or pond in this recrea-
tional area from the Federal hatcheries?
Mr. ASPINALL. If the gentleman will
yield further, I am saying that there are
not enough Federal fish hatcheries to do
any kind of a job throughout the United
States. That is the fact.
Mr. GROSS. If the hatcheries had
the fish they could be planted in such a
water storage area and they would get
them, would they not?
Mr. ASPINALL. They would get them
under the same terms that they get the
young fish, the fry, out of State hatch-
eries.
Mr. GROSS. I cannot agree with my
friend, the gentleman from Colorado
[Mr. ASPINALLI, that the time is not yet
here for a Federal fishing license which
would not only yield something to the
States but would also yield some revenue
to the Federal Government from fishing
areas that have been developed by Fed-
eral tax money.
Mr. Speaker, I withdraw my reserva-
tion.
The SPEAKER pro tempore. Is there
objection to the present consideration of
the bill?
Mr. JOHNSON of Pennsylvania. Mr.
Speaker, further reserving the right to
object, I would like to further interro-
gate the gentleman from West Virginia.
This seems to be the first authoriza-
tion of buying recreation lands under the
new fund which we set up in 1964.
I believe the. gentleman from West
Virginia is in error with respect to the
number of acres to be acquired.
According to the report; yes, only 6,-
000 acres have newly been authorized
as being outside the inland definition,
but there is going to be 100,000 acres and
the Government only owns 40,000. The
park is to be composed of 100,000 acres.
So, therefore, there will be 60,000 acres
purchased; is that not correct?
Mr. STAGGERS. If the gentleman
will yield. The total amount to be pur-
chased is 6,000 acres.
Mr. JOHNSON of Pennsylvania. And,
also, the report goes on to say that the
land and water conservation fund will
have to come up with $3.5 million; is that
not correct?
Mr. STAGGERS. If the gentleman
will yield further, that is true, but ac-
cording to the report they already have
authority to buy the balance of this land.
Mr. JOHNSON of Pennsylvania. But
we are talking about spending $3.5 mil=
lion out of this fund; is that not
correct?
Mr. ASPINALL. Mr. Speaker, if the
gentleman from Pennsylvania will yield
to me, by and large these will be Federal
funds or the State's share of Federal
funds from the land and water conserva-
tion fund.
Now, Mr. Speaker, the gentleman is
correct insofar as-the cost is concerned.
But this is a very small expense when
one considers It in .relation to other rec-
reational areas that we are providing for
different sections of the United States at
the present time.
Today we have on the calendar the
Assateague Island Seashore area which
is estimated to cost in the neighborhood
of $20 to $25 million.
We just got through taking care of a
recreational area in the gentleman's
home State, where the cost would
amount, of course, to much more than
that before we get through with it.
What we are trying to do-and I have
nothing to do with this legislation; in-
fact I did not know it was on the calen-
dar until I studied this bill last week-
end-what we are trying to do is to get
these recreational areas scattered
throughout the Nation so the people will
not all congregate at just a few places.
Mr. JOHNSON of Pennsylvania. Mr.
Speaker, further reserving the right to
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