"(B) in packages not exceeding the weight prescribed by the Postmaster General;

(C) containing no advertising or other matter whatsoever;

"(D) unsealed;

(E) sent

**(i) by an institution, agency, publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit, as a loan to blind readers, or when returned by the blind reader to the lender; or

(ii) to a blind person without cost to the blind person; or

***(iii) to an institution, agency, publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit, to be furnished to a blind person without cost to such blind person.

***(2) magazines, periodicals, and other regularly issued publications;

"(A) published (whether prepared by hand, or printed) either in raised characters or in sightsavingsize type, or in the form of sound recordings, for use of blind persons:

(B) containing no advertising: (C) for which no subscription fee is charged.

***(b) There may be mailed at the rate of postage of 1 cent for each pound or fraction thereof—

***(1) books, pamphlets, and other reading matter, including pages matter, thereof:

(A) published (whether prepared by hand, or printed) either in raised characters or in sightsavingsize type, or in the form of sound recordings, for use of blind persons;

***(B) in packages not exceeding the weight prescribed by the Postmaster General;

"(C) containing no advertising or other matter whatsoever; "(D) unsealed;

(E) sent

(i) by an institution, agency publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit. on a rental basis to blind readers, or when returned by the blind reader to such organizations, at a price not greater than the cost price thereof; or

(ii) to a blind person at a price not greater than the cost price thereof; or

***(iii) to an institution, agency. publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit, to be furnished to a blind person at a price not greater than the cost price thereof.

***(2) magazines, periodicals, and other regularly issued publications:

***(A) published (whether prepared by hand, or printed) either in raised characters or in sightsavingsize type, or in the form of sound recordings, for use of blind persons;

"(B) containing no advertising: "(C) when furnished by an institution, agency, publisher, organization, or association (including a library or school and including organizations or associations of or for blind people), not conducted for private profit, to a blind person, at a price not greater than the cost price thereof. "'§ 4654. Reproducers, sound recordings, and other materials and appliances for the preparation of reading matter for blind persons

***(a) Reproducers, or parts thereof. for sound recordings for blind persons which are the property of the United States Government may be mailed free of postage when sent for repair, or returned after repair

"(1) by an organization, institution, public library, or association for blind persons, not conducted for private profit;

(2) by a blind person to such an agency not conducted for private profit;

(3) from such an agency to an organization, institution, public library, or association for blind persons not conducted for private profit; or "(4) to a blind person.

(b) The Postmaster General may extend the free mailing privilege provided by subsection (a) of this section to reproducers or parts thereof for sound recordings for blind persons, braille writers and other appliances for blind persons or parts thereof, that are the property of

***(1) State governments or subdivisions thereof;

"(2) public libraries;

(3) private agencies for the blind not conducted for private profit; or (4) blind individuals.

(c) The Postmaster General may also permit the mailing free of postage of paper, records, tapes, and other materials for use by the recipients for the production (whether by hand or printed) of reading matter either in raised characters or sightsaving-size type, or in the form of sound recordings, for use of blind persons, where such materials are the property of

(1) State governments or subdivisions thereof;

(2) public libraries: **(3) private agencies for the blind not conducted for private profit; or

(4) blind individuals." "REPEALS AND TECHNICAL AMENDMENTS "SEC. 304. (a) The following provisions of law are repealed:

"(1) The third proviso in section 3 of the Act of October 30, 1951, as amended by the Act of June 23, 1959 (73 Stat. 89; Public Law 85-56);

"(2) Sections 204(d), 204(e) (1), and 204(e) (2) of the Postal Rate Revision and Federal Employees Salary Act of 1948, as amended by the Act of July 14, 1960 (74 Stat. 479; Public Law 86-644);

"(3) Sections 4361 and 4652 of title 39. United States Code.

(b) Section 4359(a) of title 39, United States Code, is amended by striking out 4358, 4361, and 4362′ and inserting in lieu thereof '4358 and 4362".

"(c) Section 4451(d) of title 39, United States Code, is amended by striking out (a) (2) and inserting in lieu thereof (a)(3)'.

"COMMUNIST POLITICAL PROPAGANDA

"SEC. 305. (a) Chapter 51 of title 39. United States Code, is amended by adding at the end thereof the following new section:

§ 4008. Communist political propaganda

***(a) Mail matter, except sealed letters, which originates or which is printed or otherwise prepared in a foreign country and which is determined by the Secretary of the Treasury pursuant to rules and regulations to be promulgated by him to be "Communist political propaganda." shall be detained by the Postmaster General upon its arrival for delivery in the United States, or upon its subsequent deposit in the United States domestic mails, and the addressee shall be notified that such matter has been received and will be delivered only upon the addressee's request, except that such detention shall not be required in the case of any matter which is furnished pursuant to subscription or which is otherwise ascertained by the Postmaster General to be desired by the addressee. If no request for delivery is made by the addressee within a reasonable time, which shall not exceed sixty days, the matter detained shall be disposed of as the Postmaster General directs.

(b) For the purposes of this section, the term "Communist political propaganda" means political propaganda, as defined in section 1(j) of the Foreign Agents Registration Act of 1938. as amended (22 U.S.C. 611(j)), issued by or on behalf of any country with respect to which there is in effect a suspension or withdrawal of tariff concessions pursuant to section 5 of the Trade Agreements Extension Act of 1951 or section 231 of the Trade Expansion Act of 1962, or any country from which any type of foreign assistance is withheld pursuant to section 620(f) of the Foreign Assistance Act of 1961, as amended.

(c) The provisions of this section shall not be applicable with respect to (1) matter addressed to any United States Government agency, or any library, or to any college, university. graduate school, or scientific or professional institution for advanced studies, or any individual connected therewith, or (2) material whether or not "Communist political propaganda" addressed for delivery in the United States pursuant to a reciprocal international agree

ment under which the United States Government mails an equal amount of material for delivery in any country described in subsection (b).'

"(b) The table of contents of chapter 51 of title 39, United States Code, is amended by adding at the end thereof the following:

"'§ 4008. Communist political propaganda.' "EFFECTIVE DATE

"SEC. 306. Except as otherwise provided, the foregoing provisions of this part shall become effective on January 7, 1963."

On page 32, line 10, strike out "Part II" and insert Part I

On page 101, line 8, strike out "Part III" and insert Part II

On motion by Mr. MANSFIELD, and by unanimous consent,

Ordered, That debate on the pending amendment be limited to 20 minutes, equally divided and controlled by Mr. MORSE and Mr. JOHNSTON.

After debate,

The question being taken on agreeing

to the amendment,

It was determined in Yeas_

the negative_-__.

and renumber succeeding section numbers accordingly.

On page 11, beginning with line 12, strike out all through line 15, as follows:

"(1) by striking out the word 'seven' in subsection (a) and inserting in lieu thereof the word 'eight';

"(2) by striking out the word "five" in subsection (b) and inserting in lieu thereof the word 'six';".

On page 11, line 16, strike out "(3)" and insert (1)

On page 11, line 4, strike out "(4)" and insert (2)

On motion by Mr. MORSE, and by unanimous consent,

Ordered, That debate on the pending amendment be limited to 20 minutes, equally divided and controlled by himself and Mr. JOHNSTON.

6

are

Nays----- 72

Bartlett Cooper Hart Kefauver

are

Case

Clark

Russell

Curtis

Saltonstall

Mansfield

Scott

Dodd

McClellan

Butler

Byrd, Va.

Byrd, W. Va.

Cannon

Johnston

Jordan, N.C.

Jordan, Idaho

Keating

Kefauver

Kerr

Carroll

Case

Chavez

Church

Clark

Curtis

Dodd

Lausche

Long, Hawaii Long, La.

Mansfield

McCarthy

Douglas

Miller

Smathers

Smith, Mass.

Sparkman

Stennis

Symington

Talmadge Thurmond

McClellan

Metcalf

Wiley

Ervin

Fong

Monroney

Goldwater

Moss

Williams, N.J. Williams, Del. Yarborough Young, N. Dak. Young, Ohio

So the amendment was not agreed to. On motion by Mr. MORSE to further amend the reported amendment, as follows:

On page 11, strike out lines 3 to 8, inclusive, as follows:

"FIRST-CLASS MAIL

"SEC. 101. Section 4253 (a) of title 39, United States Code, is amended by striking out the words 'four' and 'three' wherever appearing in subsection (a) and inserting in lieu thereof the words 'five' and 'four', respectively.

"AIRMAIL

"SEC. 102. (a) Section 4303 of title 39, United States Code, is amended-"

viz, H.R. 4333, H.R. 5144, H.R. 5165, H.R. 7326, H.R. 7708, H.R. 8134, H.R. 8205, H.R 8738, H.R. 8824, H.R. 9472, H.R. 10022, H.R. 10937, H.R. 11059, H.R. 11217, H.R. 11728, H.R. 12589, and H.R. 13067, I am directed to bring the same to the Senate for the signature of its President.

ENROLLED BILLS SIGNED

The Secretary reported that he had examined and found truly enrolled the following bills:

H.R. 4333. An act to amend the act entitled "An act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes," approved July 5, 1946, as amended;

H.R. 5144. An act to provide for the acquisition of and the payment for individual Indian and tribal lands of the Lower Brule Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes;

H.R. 5165. An act to provide for the acquisition of and the payment for individual Indian and tribal lands of the Crow Creek Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes;

H.R. 7326. An act for the relief of E. La Ree Smoot Carpenter;

H.R. 7708. An act for the relief of Mr. and Mrs. Gerald Beaver and Sgt. and Mrs. Cecil P. Fisher;

H.R. 8134. An act to authorize the sale of the mineral estate in certain lands;

H.R. 8205. An act to provide tax relief to the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, & Helpers of America Local 863 pension fund and the contributors thereto;

H.R. 8738. An act to amend sections 1 and 5b of chapter V of the Life Insurance Act for the District of Columbia;

H.R. 8824. An act to modify the application of the personal holding company tax in the case of consumer finance companies;

H.R. 9472. An act for the relief of Janina Tekla Gruszkos;

H.R. 10022. An act to amend section 510(a) (1), Merchant Marine Act, 1936;

H.R. 10937. An act to amend the act providing for the economic and social development in the Ryukyu Islands;

H.R. 11059. An act relating to the effective date of the qualification of Bricklayers Local 45 (Buffalo, N.Y.) pension fund as a qualified trust under section 401(a) of the Internal Revenue Code of 1954;

H.R. 11217. An act to amend section 6112 of title 10, United States Code;

H.R. 11728. An act to amend section 1208(a) of the Merchant Marine Act, 1936, to authorize investment of the war

72100-S J-87-2-41

risk insurance fund in securities of, or guaranteed by, the United States;

H.R. 12589. An act to amend the Smith-Lever Act of May 8, 1914, as amended; and

H.R. 13067. An act to amend title VIII of the National Housing Act with respect to the authority of the Federal Housing Commissioner to pay certain real property taxes and to make payments in lieu of real property taxes.

The VICE PRESIDENT thereupon signed the same.

POSTAL SERVICE AND FEDERAL EMPLOYEES SALARY ACT OF 1962

The Senate resumed the consideration of its unfinished business, viz, the bill (H.R. 7927) to adjust postal rates, and for other purposes.

The reported amendment was further amended on the motion of Mr. MoNRONEY (for himself and Mr. CARROLL, and the motion of Mr. JOHNSTON.

On motion by Mr. LAUSCHE to further amend the reported amendment follows:

as

On page 33, strike out all on lines 6 to 8, inclusive, as follows:

"(b) Federal salary rates shall be comparable with private enterprise salary rates for the same levels of work."

and insert in lieu thereof the following:

(b) Federal salary rates shall be comparable with salary rates for the same level of work paid on an average by private enterprise and by State, county, and municipal governments. and on page 33, line 19, after the word "enterprise", insert the following: and to the extent possible with the rates of salary paid for the same levels of work by State, county, and municipal governments

On motion by Mr. MANSFIELD, and by unanimous consent,

Ordered. That debate upon the amendment be limited to 30 minutes, equally divided and controlled by Mr. LAUSCHE

and Mr. JOHNSTON.

So the amendments were not agreed to. On motion by Mrs. SMITH of Maine to further amend the reported amendment. as follows:

On page 97, line 17, after "(d)", insert (1)

On page 98, line 2, strike out "*$8,880"* and insert in lieu thereof $9,480.

On page 98, line 3, strike out “$18,880" and insert in lieu thereof $20,000 On page 98, between lines 4 and 5, insert the following:

(9) (1) The second proviso in the paragraph relating to the authority of Senators to rearrange the basic salaries of employees in their respective offices, which appears in the Legislative Branch Appropriation Act, 1947, as amended (2 U.S.C. 601; Public Law 87-130); is amended to read as follows: "Provided further, That no salary shall be fixed in a Senator's office under this section at a basic rate of more than $5,100 per annum, except that (1) the salary of one employee may be fixed at a basic rate of not more than $6,540 per annum, (2) the salary of one employee may be fixed at a basic rate of not more than $8,460 per annum, (3) the salary of one employee may be fixed at a basic rate of not more than $8,880 per annum, and (4) the salary of one employee may be fixed at a basic rate of not more than $9,000 per annum."

(2) The paragraph relating to rates of compensation of employees of committees of the Senate, contained in the Legislative Appropriation Act, 1956, as amended (2 U.S.C. 72a-1a; Public Law 85-462), is amended by striking out so much of the second sentence thereof as follows the words "First Supplemental Appropriation Act, 1947," and inserting in lieu thereof the following: "the basic compensation of any employee of a standing or select committee of the Senate (including the majority and minority policy committees and the majority conference of the Senate and minority conference of the Senate), or a joint committee of the two Houses the expenses of which are paid from the contingent fund of the Senate, whose basic compensation may be fixed under such provisions at the rate of $8,000 per annum, may be fixed at a rate not in excess of $8,460 per annum, except that the basic compensation of one such employee may be fixed at a rate not in excess of $9,000 per annum and the basic compensation of two such employees may be fixed at a rate not in excess of $8,880 per annum."

So the amendment was not agreed to. On motion by Mr. PASTORE to reconsider the vote disagreeing to the amendment,

On motion by Mг. HUMPHREY, The motion to reconsider was laid on the table.

On motion by Mrs. SMITH of Maine to further amend the reported amendment by striking out certain sums on page 37 in the table after line 11 and inserting in lieu thereof other sums,

On motion by Mr. MANSFIELD, and by unanimous consent,

Ordered, That debate on the amendment be limited to 20 minutes, to be equally divided and controlled by Mrs. SMITH of Maine and Mr. JOHNSTON.

Maine.

On motion by Mrs. SMITH of

The yeas and nays, being desired by one-fifth of the Senators present, were ordered on the question of agreeing to her amendment.

Pending debate,

Mrs. SMITH of Maine, by unanimous consent, withdrew the order for the yeas and nays.

It was determined in the negative.

areByrd, Va.

So it was

Resolved, That the bill do pass. Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.

On motion by Mr. HUMPHREY to reconsider the vote on the passage of the bill,

On motion by Mr. JOHNSTON, The motion to reconsider was laid on the table.

On motion by Mr. JOHNSTON, and by unanimous consent, Ordered, That the bill be printed as passed by the Senate.

SETTLEMENT OF CERTAIN CLAIMS

On motion by Mr. MANSFIELD, The Senate proceeded to consider the bill (H.R. 310) to amend title 10, United States Code, to authorize the Secretary of Defense, the Secretaries of the military departments, and the Secretary of the Treasury to settle certain claims for damage to, or loss of, property, or personal injury or death, not cognizable under any other law; and no amendment being made,

Ordered, That it pass to a third read

ing.

The said bill was read the third time. Resolved, That it pass.

Ordered, That the Secretary notify the House of Representatives thereof.

RECOMMITTAL OF HOUSE BILL 12080, TO PERMIT PAYMENT OF HIGHER INTEREST RATES ON TIME DEPOSITS OF FOREIGN GOVERNMENTS

On motion by Mr. ROBERTSON, and by unanimous consent,

Ordered, That the bill (H.R. 12080) to permit domestic banks to pay interest on time deposits of foreign governments at rates differing from those applicable to domestic depositors be recommitted to the Committee on Banking and Currency.

COMMITTEE TO SIT

The Committee on Banking and Currency was authorized to sit during the session of the Senate on tomorrow, on the request of Mr. MANSFIELD.

AMENDMENT OF HATCH POLITICAL

ACTIVITIES ACT

The PRESIDING OFFICER (Mr. PELL in the chair) laid before the Senate the amendment heretofore received from the House of Representatives for concurrence to the text of the bill (S. 919) to amend section 9(b) of the act entitled "An act to prevent pernicious political activities" (the Hatch Political Activities Act) to eliminate the requirement that the Civil Service Commission impose no penalty less than 90 days' suspension for any violation of section 9 of the act, together with the amendment to the title providing that the same read as follows: "An Act to amend section 9(b) of the act entitled 'An Act to prevent pernicious political activities' (the Hatch Political Activities Act) to reduce the requirement that the Civil Service Commission impose no penalty less than 30 days' suspension for any violation of section 9 of the Act."

The Senate proceeded to consider the said amendments; and

On motion by Mr. BARTLETT, Resolved, That the Senate agree thereto.

Ordered, That the Secretary notify the House of Representatives thereof. CONSIDERATION OF CERTAIN BILLS ON THE CALENDAR

On motion by Mr. MANSFIELD, and by unanimous consent,

The Senate proceeded to consider certain bills on the calendar to which there was no objection.

The following bills were thereupon considered; and no amendment was made:

S. 2928. A bill for the relief of Seymour K. Owens:

S. 3453. A bill for the relief of Dr. Felix Nabor Sabates; and

S. 3600. A bill for the relief of Chao Hua-Hsin.

Ordered, That they be engrossed and read a third time.

The said bills were severally read the third time.

Resolved, That they pass and that the respective titles thereof be as aforesaid.

Ordered, That the Secretray request the concurrence of the House of Representatives therein.

The Senate proceeded to consider the bill (S. 2683) for the relief of Laszlo Janos Buchwald; and the reported amendments having been agreed to,

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time. Resolved, That it pass and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representative therein.

The Senate proceeded to consider the following joint resolutions:

H.J. Res. 659. Joint resolution granting consent of the Congress to a compact entered into between the State of Maryland and the Commonwealth of Virginia for the creation of the Potomac River compact of 1958; and

H.J. Res. 693. Joint resolution granting the consent of Congress for the State of Maryland, the Commonwealth of Virginia, and the District of Columbia to amend the Washington metropolitan area transit regulation compact, and for other purposes; and

No amendment being made, Ordered, That they pass to a third reading.

The said joint resolutions were read the third time.

Resolved, That they pass and that the respective preambles be agreed to.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate proceeded to consider the following bills; and no amendment was made:

H.R. 11887. An act to provide for the conveyance of all right, title, and interest of the United States reserved or retained in certain lands heretofore conveyed to the city of El Paso, Tex.; and

H.R. 2952. An act to direct the Secretary of the Interior to convey certain public lands in the State of California to the city of Needles.

Ordered, That they pass to a third reading.

The said bills were read the third time.
Resolved, That they pass.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate proceeded to consider the bill (HR. 11793) to provide criminal penalties for trafficking in phonograph records bearing forged or counterfeit labels; and the reported amendments having been agreed to,

Ordered, That the amendments be engrossed and the bill read a third time. The said bills, as amended, were read the third time.

Resolved, That they pass.

Ordered, That the Secretary_request the concurrence of the House of Representatives in the amendments.

AMENDMENT OF NATIONAL SCIENCE
FOUNDATION ACT

On motion by Mr. MANSFIELD, The Senate proceeded to consider the bill (H.R. 8556) to amend the National Science Foundation Act of 1950 to require certain additional information to be filed by an applicant for a scholarship or fellowship, and for other purposes.

On motion by Mr. MORSE, and by unanimous consent,

Ordered, That the committee amendments be agreed to en bloc and that the bill as amended be considered as original text for the purpose of amendment. Pending debate.

The bill was further amended on the motion of Mr. MORSE.

Ordered, That the amendments be engrossed and the bill read a third time. The said bill, as amended, was read the third time.

Resolved, That it pass and that the title thereof be amended, as reported by the committee, to read: "An Act to amend the National Science Foundation Act of 1950 to require certain additional information to be filed by an applicant

for a scholarship or fellowship, and to amend the National Defense Education Act of 1958 with respect to certain requirements for payments or loans under the provisions of such Act, and for other purposes."

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.

On motion by Mr. JAVITS to reconsider the vote on the passage of the bill, On motion by Mr. MansFIELD, The motion to reconsider was laid on the table.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Bartlett, one of its clerks:

Mr. President: The House of Representatives has agreed to the following concurrent resolutions of the Senate:

S. Con. Res. 90. Concurrent resolution authorizing the printing for the use of the Joint Economic Committee of additional copies of its hearings entitled State of the Economy and Policies for Full Employment"; and

S. Con. Res. 91. Concurrent resolution authorizing the printing of additional copies of the hearings on Department of Agriculture handling of pooled cotton allotments of Billie Sol Estes.

The Speaker of the House having signed an enrolled bill, viz, S. 455, and an enrolled joint resolution, viz, Senate Joint Resolution 230, I am directed to bring the same to the Senate for the signature of its President.

ENROLLED BILL AND JOINT RESOLUTION SIGNED

The Secretary reported that he had examined and found truly enrolled the following bill and joint resolution:

S. 455. An act to amend the act of July 14, 1955, relating to air pollution control, to authorize appropriations for an additional 2-year period, and for other purposes; and

S. J. Res. 230. Joint resolution expressing the determination of the United States with respect to the situation in Cuba.

The ACTING PRESIDENT pro tempore thereupon signed the same.

NAVAL OIL SHALE RESERVES On motion by Mr. ManSFIELD, The Senate proceeded to consider the bill (H.R. 5423) to amend title 10, United States Code, to authorize the Secretary of the Navy to take possession of the naval oil shale reserves, and for other purposes; and no amendment being made.

Ordered, That it pass to a third reading.

The said bill was read the third time.
Resolved, That it pass.

Ordered, That the Secretary notify the House of Representatives thereof.

On motion by Mr. ALLOTT to reconsider the vote on the passage of the bill, On motion by Mr. CARROLL, The motion to reconsider was laid on the table.

ADMITTANCE OF VESSEL "CITY OF NEW ORLEANS" TO AMERICAN REGISTRY

On motion by Mr. ManSFIELD, The Senate resumed the consideration of the bill (S. 3115) to authorize the admittance of the vessel City of New Orleans to American registry and to permit the use of such vessel in the coastwise trade.

Pending debate.

CONFERENCE REPORT ON H.R. 10

Mr. MANSFIELD (for Mr. BYRD of Virginia submitted the following conference report:

The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (HR. 10) to encourage the establishment of voluntary pension plans by selfemployed individuals, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: That this Act may be cited as the "SelfEmployed Individuals Tax Retirement Act of 1962".

Sec. 2. Qualification of plans.

Section 401 of the Internal Revenue Code of 1954 (relating to qualified pension, profit-sharing, and stock bonus plans) is amended—–—–

(1) by adding at the end of paragraph (5) of subsection (a) the following new sentence: "For purposes of this paragraph and paragraph (10), the total compensation of an individual who is an employee within the meaning of subsection (c) (1) means such individual's earned income (as defined in subsection (c)(2)), and the basic or regular rate of compensation of such an individual shall be determined, under regulations prescribed by the Secretary or his delegate, with respect to that portion of his earned income which bears the same ratio to his earned income as the basic or regular compensation of the employees under the plan bears to the total compensation of such employees.";

(2) by adding at the end of subsection (a) the following new paragraphs:

"(7) A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that, upon its termination or upon complete discontinuance of contributions under the plan, the rights of all employees to benefits accrued to the date of such termination or discontinuance, to the extent then funded, or the amounts credited to the employees' accounts, are nonforfeitable. This paragraph shall not apply to benefits or contributions which, under provisions of the plan adopted pursuant to regulations prescribed by the Secretary or his delegate to preclude the discrimination prohibited by paragraph (4), may not be used for designated employees in