72 Stat. 409. SALARY PROTECTION IN CONNECTION WITH CONVERSION OF COMPENSATION SEC. 11. Whenever the rate of basic compensation of an employee established prior to, on, or after the date of enactment of this Act in relation to rates of compensation for the same or similar work in the continental United States is converted on or after the effective date of the initial adjustments under authority of section 5 of this Act to a rate of basic compensation established in relation to rates in areas other than the continental United States in the manner provided by section 5 (b) of this Act, such employee shall, pending transfer to a position for which the rate of basic compensation is established in relation to rates of compensation in the continental United States in the manner provided by such section 5 (b), continue to receive a rate of basic compensation not less than the rate of basic compensation to which he was entitled immediately prior to such conversion so long as he remains in the same position or in a position of equal or higher grade. APPEALS SEC. 12. (a) There shall be established, in conformity with this Canal Zone Act and by regulations promulgated by, or under authority of, the Board of President, a Canal Zone Board of Appeals. It shall be the duty of Appeals. the Board to review and determine the appeals of employees in accordance with this section. (b) The regulations referred to in subsection (a) shall provide for, in accordance with this Act, the number of members of the Board, the appointment, compensation, and terms of office of such members, the selection of a Chairman of the Board, the appointment and compensation of employees of the Board, and such other matters as may be relevant and appropriate. (c) Any employee may request at any time that the department in which he is employed (1) review the classification of his position or the grade or pay level for his position, or both, and (2) revise or adjust such classification, grade, and pay level, or any of them, as the case may be. Such request for review and revision or adjustment shall be submitted and adjudicated in accordance with the regularly established appeals procedure of such department. (d) Each employee shall have the right to appeal to the Board from an adverse determination made under subsection (c) of this section. Such appeal shall be made in writing within a reasonable time, as prescribed in regulations promulgated by, or under authority of, the President, after the date of the transmittal by the department to the employee of written notice of such adverse determination. (e) The Board, in its discretion, may authorize, in connection with an appeal under subsection (d) of this section, a personal appearance before the Board by such employee, or by his representative designated for such purpose. (f) After investigation and consideration of the evidence submitted, the Board shall (1) prepare a written decision on each such appeal, (2) transmit its decision to the department concerned, and (g) The decision of the Board on any question or other matter relating to any such appeal shall be final and conclusive. It shall be mandatory on the department concerned to take action in accordance with 70 Stat. 743. 41 Stat. 618. 72 Stat. 410. CIVIL SERVICE RETIREMENT COVERAGE SEC. 13. (a) Effective on and after the first day of the first pay period which begins in the third calendar month following the calendar month in which this Act is enacted (1) the Act of July 8, 1937 (50 Stat. 478; 68 Stat. 17: Public Numbered 191, Seventy-fifth Congress; Public Law 299, Eightythird Congress), shall apply only with respect to those individuals within the classes of individuals subject to such Act of July 8, 1937, whose employment shall have been terminated, prior to such first day of such first pay period, in the manner provided by the first section of such Act; and (2) the Civil Service Retirement Act (5 U. S. C. 2251-2267) shall apply with respect to those individuals who are in the service of the Canal Zone Government or the Panama Canal Company and who, except for the operation of paragraph (1) of this subsection, would be within the classes of individuals subject to such Act of July 8, 1937. (b) On or before the first day of the first pay period which begins in the third calendar month following the calendar month in which this Act is enacted, the Panama Canal Company shall pay, as an agency contribution, into the civil service retirement and disability fund created by the Act of May 22, 1920, for each individual (1) who is employed, on such first day of such first pay period. by the Canal Zone Government or by the Panama Canal Company, and (2) who, by reason of the enactment of this section and the operation of the Civil Service Retirement Act (5 U. S. C. 22512267), is subject to such Act on and after such first day of such first pay period, for service performed by such individual in the employment of (A) the Panama Railroad Company during the period which began on June 29, 1948, and ended on June 30, 1951, or (B) the Panama Canal (former independent agency), the Canal Zone Government, or the Panama Canal Company during the period which began on July 1, 1951, and which ends immediately prior to such first day of such first pay period, an amount equal to the aggregate amount which such individual would have been required to contribute for retirement purposes if he had been subject to the Civil Service Retirement Act during such periods of service. (c) Nothing contained in this section shall affect (1) the rights of any individual existing immediately prior to such first day of such first pay period above specified, or (2) the continuing obligations of the Canal Zone Government and the Panama Canal Company under section 4 (a) of the Civil Service Retirement Act (5 U. Š. C. 2254 (a)), to reimburse the civil service retirement and disability fund for Government contributions to such fund covering service performed, on or after such first day of such first pay period above specified, by the employees concerned. PARTICIPATION IN TRAINING PROGRAMS SEC. 14. Any training program established by a department shall be applied uniformly to each employee irrespective of whether such employee is a citizen of the United States or of the Republic of 72 Stat. 411. Panama shall be afforded opportunity to participate in such training program on the same basis as that upon which opportunity to participate in such training program is afforded to employees who are citizens of the United States. ADMINISTRATION SEC. 15. (a) The President shall coordinate the policies and activities of the respective departments under this Act. (b) The President is authorized to promulgate such regulations as may be necessary and appropriate to carry out the provisions and accomplish the purposes of this Act. (c) The President is authorized to delegate any authority vested in him by this Act and to provide for the redelegation of any such authority. CHANGES IN EXISTING LAW SEC. 16. (a) Paragraph (21) of section 202 of the Classification Act of 1949, as amended (5 U. S. C. 1082), is amended to read as follows: "(21) (A) employees of any department who are stationed in the Canal Zone and (B) upon approval by the Civil Service Commission of the request of any department which has employees stationed in both the Republic of Panama and the Canal Zone, employees of such department who are stationed in the Republic of Panama ;". (b) The following provisions of law are hereby repealed: 63 Stat. 954. (1) paragraph (32) of section 202 of the Classification Act of Repeals. 1949, as amended (5 U. S. C. 1182); (2) subsection (c) of the first section of the Act of October 25, 1951 (65 Stat. 637); (3) section 804 of the Postal Field Service Compensation Act of 1955 (69 Stat. 130; 39 U. S. C. 1034); and (4) section 404 of the Act of May 27, 1958 (72 Stat. 146; Public Law 85-426). (c) Subsections (a) and (b) of this section shall become effective on the first day of the first pay period which begins more than sixty days after the date on which regulations are promulgated under section 15 (b) of this Act. APPLICABILITY OF CERTAIN EXISTING LAW SEC. 17. Nothing contained in this Act shall affect the applicability of (1) the Veterans' Preference Act of 1944, as amended (5 U. S. C. 58 Stat. 387. 851-869), (2) section 6 of the Act of August 24, 1912, as amended (5 62 Stat. 354. U.S. C. 652), and (3) section 23 of the Independent Offices Appropriation Act, 1935 (48 Stat. 522), as amended (5 U. S. C. 673c), or section 205 59 Stat. 297. 72 Stat. 411. EFFECTIVE DATES SEC. 18. Except as otherwise provided in sections 4, 5, 7, 10, 13, and 16 of this Act, this Act shall become effective on the date of its enactment. Approved July 25, 1958. Public Law 85-571 85th Congress, H. R. 11518 July 31, 1958 AN ACT To authorize the construction of modern naval vessels. 72 Stat. 453. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President Naval vessels. is authorized to undertake the construction of, or to acquire and con- Construction. vert, not to exceed twenty thousand tons of amphibious warfare vessels and landing craft, as follows: One amphibious transport, dock, One amphibious assault ship. SEC. 2. There is hereby authorized to be appropriated such sums Appropriations. as may be necessary for the construction, or for the acquisition and conversion of the foregoing vessels. 85th Congress, S. 4165 AN ACT To amend the Atomic Energy Act of 1954, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 o. Nuclear ship of the Atomic Energy Act of 1954, as amended, is amended by sub- Savannah, stituting a colon for the period at the end thereof and adding the 71 Stat. 576. following: "Provided, however, That as the term is used in subsec- 42 USC 2014. tion 170 1., it shall mean any such occurrence outside of the United States rather than within the United States." SEC. 2. Section 170 of the Atomic Energy Act of 1954, as amended, 71 Stat. 576. is amended by adding at the end thereof the following new subsec- 42 USC 2210. tions: "1. The Commission is authorized until August 1, 1967, to enter into Indemnification an agreement of indemnification with any person engaged in the agreements. design, development, construction, operation, repair, and maintenance or use of the nuclear-powered ship authorized by section 716 of the Merchant Marine Act, 1936, and designated the nuclear ship 70 Stat. 731. Savannah'. In any such agreement of indemnification the Commis- 46 USC 1206. sion may require such person to provide and maintain financial protection of such a type and in such amounts as the Commission shall determine to be appropriate to cover public liability arising from a nuclear incident in connection with such design, development, construction, operation, repair, maintenance or use and shall indemnify the person indemnified against such claims above the amount of the financial protection required, in the maximum amount provided by subsection e. including the reasonable costs of investigating and settling claims and defending suits for damage." SEC. 2. Section 170 e. of the Atomic Energy act of 1954, as Limitation amended, is amended by deleting the second sentence thereof and of liability. inserting in lieu thereof the following: "The Commission or any 42 USC 2210. person indemnified may apply to the appropriate district court of the United States having venue in bankruptcy matters over the location of the nuclear incident, except that in the case of nuclear incidents caused by ships of the United States outside of the United States, the Commission or any person indemnified may apply to the appropriate district court of the United States having venue in bankruptcy matters over the location of the principal place of business of the shipping company owning or operating the ship, and upon a showing that the public liability from a single nuclear incident will probably exceed the limit of liability imposed by this section, shall be entitled to such orders as may be appropriate for enforcement of the provisions of this section, including an order limiting the liability of the persons indemnified, orders staying the payment of claims and the execution of court judgments, orders apportioning the payments to be made to 72 Stat. 525. claimants, orders permitting partial payments to be made before final 72 Stat. 526. determination of the total claims, and an order setting aside a part of the funds available for possible latent injuries not discovered until a later time." Approved August 8, 1958. (803) |