text:
Page:United States Statutes at Large Volume 79.djvu/1323

 79 STAT. ]

PUBLIC LAW 89-333-NOV. 8, 1965

the cost of vocational rehabilitation services, as the product of (1) the population of the State and (2) the square of its allotment percentage (as defined in section 11(h)) bears to the sum of the corre'

sponding products for all the States. The allotment to any State under the preceding sentence which is less than the amount such State was entitled to receive under subsection (b) of this section for the fiscal year ending June 30, 1965, shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments of each of the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from being thereby reduced to less than that amount. "(b) For each fiscal year the Secretary shall pay to each State an amount equal to the Federal share (determined as provided in section 11(i)) of the cost of vocational rehabilitation services under the plan for such State approved under section 5, including expenditures for the administration of the State plan, except that the total of such payments to such State for such fiscal year may not exceed its allotment under subsection (a) for such year, and except that the amount otherwise payable to such State for such year under this section shall be reduced by the amount (if any) by which expenditures from nonFederal sources (except for expenditures with respect to which the State is entitled to payments under section 3) during such year under such State's plan are less than such expenditures under such plan for the fiscal year ending June 30, 1965.

1283

^^ Stat. eeu 74 St at

4ol 7

29 USC 41'.

^°^ P- ^2^'*^°® P- ^^^^•

"GRANTS TO STATES FOR INNOVATION OF VOCATIONAL REHABILITATION SERVICES

"SEC. 3. (a)(1) From the sums available for any fiscal year for grants to States to assist them in meeting the costs described in paragraph (2) of this subsection, each State shall be entitled to an allotment of an amount bearing the same ratio to such sums as the population of the State bears to the population of all the States. The allotment to any State under the preceding sentence for any fiscal year which is less than $5,000 (or such other amount as may be specified as a minimum allotment in the Act appropriating such sums for such year) shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from being thereby reduced to less than that amount. "(2) From each State's allotment under this section for any fiscal year, the Secretary shall pay to such State a portion of the cost of approved projects for vocational rehabilitation services (including their administration) under the State plan which (A) provide for the development of methods or techniques, which are new in the State, for proxading vocational rehabilitation services for handicapped individuals, or (B) are specially designed for development of, or provision for, new or expanded vocational rehabilitation services for groups of handicapped individuals having disabilities which are catastrophic or particularly severe. The Secretary shall approve any project for purposes of this section only if the plan of such State approved under section 5 includes such project or is modified to include it. "(b) Payments under this section with respect to any project may be made for a period of not to exceed five years beginning with the commencement of the first fiscal year for which any payment is made with respect to such project from an allotment under this section. To

"^^"^^ umitati -.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1324

 PUBLIC LAW 89-333-NOV. 8, 1965

1284

Ante, p. 1 282. Effective date.

[79 STAT.

the extent permitted by the State's allotment under this section, such payments with respect to any project shall be equal to 90 per centum of the cost of such project for the first three years and 75 per centum of the cost of such project for the next two years, except that, at the request of the State, such payments may be less than such percentage of the cost of such project. "(c) No payment may be made from an allotment under this section with respect to any cost with respect to which any payment is made under section 2." (b) The amendment made by this section shall be in effect for fiscal years beginning after June 30, 1965, except that payments may be made from a State's allotment under section 3 of the Vocational Rehabilita;tion Act for any project approved under such section before the enactment of this Act. Such payments may be made for the period for which such project was approved and at the rate provided for in such section at the time of such approval. CONSTRUCTION OF R E H A B I L I T A T I O N F A C I L I T I E S; W O R K S H O P IMPROVEMENT; REMOVAL OF A R C H I T E C T U R A L BARRIERS

Ante, p. 676; 68 Stat. 662. 29 USC 31 note.

SEC. 3. The Vocational Rehabilitation Act is further amended by redesignating sections 12 and 13 as sections 16 and 17, and by inserting after section 11 the following new sections: " G R A N T S FOR C O N S T R U C T I O N O F REHABILITATION FACILITIES AND WORKSHOPS

"SEC. 12. (a) Effective for fiscal years beginning after June 30, 1965, the Secretary is authorized to make grants to assist in meeting the costs of construction of public or other nonprofit workshops and rehabilitation facilities. Such grants may be made only for projects for which applications are approved by the Secretary under this section. Applications, rea / | j \ np^ ij^^ approved, au application for a grant for a construction quirements for ap-

provai.

P o s t, p. 1291. Labor standard s.

49 Stat. 10 11; 78 Stat. 238.

}

'

i

,i •

,•

r

project under this section must— "(1) contain or be supported by reasonable assurances that (A) for a period of not less than twenty years after completion of construction of the project it wdll be used as a public or other nonprofit workshop or rehabilitation facility, (B) sufficient funds will be available to meet the non-Federal share of the cost of construction of the project, and (C) sufficient funds will be available, when construction of the project is completed, for its effective use as a workshop or rehabilitation facility, as the case may be; "(2) be accompanied or supplemented by plans and specifications which comply with regulations of the Secretary relating to minimum standards of construction and ec[uipment, and with regulations of the Secretary of Labor relating to safety standards for workshops and rehabilitation facilities; "(3) be approved, in accordance with regulations of the Secretary, by the appropriate State agency designated as provided in section 5(a)(1); "(4) contain or be supported by reasonable assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by payments pursuant to any grant under this section will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 TJ.S.C. 276a—• 276a-5); and the Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 79.djvu/1325

 79 STAT. ]

PUBLIC LAW 89-333-NOV. 8, 1965

1285

functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of ^''^'^'- ^2June 13, 1934, as amended (40 U.S.C. 276c). ^3 Stat. los. "(c) The amount of a grant under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share which is applicable in the case of rehabilitation facilities (as defined in section 625(g) of the Public Health Service Act, 42 U.S.C. 291o(g)) ^s Stat. 46i. in such State, except that if the Federal share with respect to rehabilitation facilities in such State is determined under subparagraph (A) of section 625(b)(1) of such Act (42 U.S.C. 291o(b)(1)), the percentage of the cost for purposes of this section shall be determined in accordance with regulations of the Secretary designed to achieve as nearly as practicable results comparable to the results obtained under such subparagraph. " (d) Upon approval of any application for a grant for a construction project under this section, the Secretary shall reserve, from any appropriation available therefor, the amount of such grant d e term i n ^ under subsection (c); the amount so reserved may be paid in advance or by way of reimbursement, and in such installments consistent with construction progress, as the Secretary may determine. I n case an amendment to an approved application is approved or the estimated cost of a project is revised upward, any additional payment with respect thereto may be made from the appropriation from which the original reservation was made or the appropriation for the fiscal year in which such amendment or revision is approved. "(e) If, within twenty years after completion of any construction project for which funds have been paid under this section, the workshop or rehabilitation facility shall cease to be a public or other nonprofit workshop or rehabilitation facility, the United States shall be entitled to recover from the applicant or other owner of the workshop or facility the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such workshop or facility is situated) of the workshop or facility, as the amount of the Federal participation bore to the cost of construction of such workshop or facility. "(f) The Secretary is also authorized to make grants to assist in the staffing, Federal •

• • 1

IV

p

IT

1

n

11

1 1 -T

initial stamng oi any public or other nonprofit workshop or rehabilitation facility constructed after the date of enactment of this section (whether or not such constiTiction was financed with the aid of a grant under this section) by covering part of the costs (determined in accordance with regulations of the Secretary) of compensation of professional or technical personnel of such worksliop or facility during the l>eriod beginning with the commencement of the operation of such workshop or facility and ending with the close of four years and three months after the month in which such operation commenced. Such grants with respect to any workshop or facility may not exceed 75 per centum of such costs for the period ending with the close of the fifteenth month following the month in which such operation commenced, 60 per centum of such costs for the first year thereafter, 45 per centum of such costs for the second year thereafter, and 30 per centum of such costs for the third year thereafter. " (g) The Secretary is also authorized to make grants (1) to the State agency or agencies designated as provided in section 5(a)(1) to assist in meeting the cost of determining the State's needs for workshops and rehabilitation facilities and (2) upon application approved by tile appropriate State agency so designated for such State, to public or other nonprofit agencies, institutions, or organizations to assist them

share of costs.

P°st' P- 1291.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1326

 1286

Payments.

Appropriation.

Definitions.

PUBLIC LAW 89-333-NOV. 8, 1965

[79 STAT.

in meeting the costs of planning workshops and rehabilitation facilities and the services to be provided thereby. " (h) Payment of grants under subsection (f) or (g) may be made (after necessary adjustment on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine. " (i) There is authorized to be appropriated for carrying out this section $1,500,000 for the fiscal year ending June 30, 1966, $7,000,000 for the fiscal year ending June 30, 1967, $9,000,000 for the fiscal year ending June 30, 1968; and for each of the two succeeding fiscal years only such sums may be appropriated for carrying out this section as the Congress may hereafter authorize by law. Sums so appropriated shall remain available for payment with respect to construction projects approved or initial staffing grants made under this section prior to July 1, 1970. "(j) For purposes of this section— "(1) 'construction' includes construction of new" buildings, acquisition of existing buildings, and expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such new, newly acquired, expanded, remodeled, altered, or renovated buildings; "(2) the 'cost' of construction includes the cost of architects' fees and acquisition of land in connection with construction, but does not include the cost of off site improvements; "(3) a project for construction of a workshop m a j include such construction as may be necessary to provide residential accommodations for use in connection with the rehabilitation of mentally retarded individuals or such other categories of handicapped individuals as the Secretary may designate. "WORKSHOP IMPROVEMENT

"Grants for Projects for Training Services

Training and related services defined.

T r a i n e e s ' allow-

Conditions.

"SEC. 13. (a)(1) The Secretary is authorized, during the period beginning July 1, 1966, and ending June 30, 1971, to make grants to States and public and other nonprofit organizations and agencies to pay 90 per centum of the cost of projects for providing training services to handicapped individuals in public or other nonprofit workshops and rehabilitation facilities. "(2)(A) Training services, for purposes of this subsection, shall include training in occupational skills; related services, including work evaluation, work testing, provision of occupational tools and equipment required by the individual to engage in such training, and job try outs; and payment of weekly allowances to individuals receiving such training and related services. " (B) Such allowances may not be paid to any individual for any period in excess of two years, and such allowances for any week shall not exceed $25 plus $10 for each of the individual's dependents, or $65, whichever is less. In determining the amount of such allowance for any individual, consideration shall be given to the individual's need for such an allowance, including any expenses reasonably attributable to receipt of training services, the extent to which such an allowance will help assure entry into and satisfactory completion of training, and such other factors, specified by the Secretary, as will promote such individual's fitness to engage in a remunerative occupation. "(3) The Secretary may make a grant for a project pursuant to this subsection only on his determination that (A) the purpose of such

�


text:
Page:United States Statutes at Large Volume 79.djvu/1327

 79 STAT.]

PUBLIC LAW 89-333-NOV. 8, 1965

project is to prepare handicapped individuals for a gainful occupation, (B) the individuals to receive training services under such project will include only individuals who have been determined to be suitable for and in need of such training services by the State agency or agencies designated as provided in section 5(a)(1) of the State in which the workshop or rehabilitation facility is located, (C) the full range of training services will be made available to each such individual, to the extent of his need for such services, and (D) the project, including the participating workshop or rehabilitation facility and the training services provided, meet such other requirements as he may prescribe for carrying out the purposes of this subsection. "(4) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, as may be determined by the Secretary, and shall be made on such conditions as he finds necessary to carry out the purposes of this subsection.

1287

Post,

p. 1291.

Payments.

"Workshop Improvement Grants "(b)(1) The Secretary is authorized to make grants to public or other nonprofit workshops during the fiscal year ending June 30, 1966, and each of the four succeeding fiscal years to pay part of the cost of projects to analyze, improve, and increase their professional services to the handicapped, their business management, or any other part of their operations affecting their capacity to provide employment and services for the handicapped, " (2) No part of any grant made pursuant to this subsection may be used to pay costs of acquiring, constructing, expanding, remodeling, or altering any building. "(3) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, as may be determined by the Secretary, and shall be made on such conditions as he finds necessary to carry out the purposes of this subsection.

Restriction.

Payments.

"Technical Assistance to Workshops "(c)(1) The Secretary is authorized, directly or by contract with State vocational rehabilitation agencies or experts or consultants or groups thereof, to provide technical assistance to worksliops. "(2) Any such experts or consultants shall, while serving pursuant to such contracts, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per diem, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expense Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

E x p e r t s or consultants.

Compensation.

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

"National Policy and Performance Council " (d)(1) There is hereby established in the Department of Health, Education, and Welfare a National Policy and Performance Council, consisting of twelve members;, not otherwise in the regular full-time employ of the United States, appointed by the Secretary without regard to the civil service laws. The Secretary shall from time to t ime appoint one of the members to serve as Chairman. The appointed members shall be selected from among leaders in the vocational rehabilitation or workshop fields, State or local government, and business and from among representatives of related professions, labor leaders, and the general):)ublic. Each appointed member shall hold office for

Membership.

Term of office.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1328

 1288

Duties.

Compensation.

,60 Stat 808; ^^safety stappropriation.

PUBLIC LAW 89-333-NOV. 8, 1965

a term of four years, except that any member appointed to fill a \^acancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of Fuch term, and except that, of the twelve members first appointed, three shall hold office for a term of three years, three shall hold office for a term of two years, and three shall hold office for a term of one year, as designated by the Secretary at the time of appointment. None of such twelve members shall be eligible for reappointment until a year has elapsed after the end of his preceding term. a (2) The Council shall (A) advise the Secretary with respect to the policies and criteria to be used by him in determining whether or not to make grants under subsection (a); (B) make recommendations to the Secretary with respect to workshop improvement and the extent to which this section is effective in accomplishing this purpose; and (C) perform such other services with respect to workshops as the Secretary may request. "(3) The Secretary shall make available to the Council such technical, administrative, and other assistance as it may require to carry out its functions. u ^^^ Appointed members of the Council, while attending meetings or conferences thereof or otherwise serving on business of the Council, shall be entitled to receive compensation alt rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently, u^^,^ rpj^^ Secretary shall make no grant under this section to any workshop or rehabilitation facility which does not comply with safety standards which the Secretary of Labor shall prescribe by regulation. "^f) There is authorized to be appropriated for making grants under subsection (a) and subsection (b) of this section $1,500,000 for the fiscal year ending June 30, 1966, $9,000,000 for the fiscal year ending June 30, 1967, $14,000,000 for the fiscal year ending June 30, 1968, and for each of the three succeeding fiscal years only such sums may be appropriated for making grants under subsection (a) and subsection (b) of this section as the Congress may hereafter authorize by Jaw. "WAIVER

29 ^us*c 35^'

[79 STAT.

or

STATEWIDENESS REQUIREMENTS FOR LOCALLY ACTIVITY

FINANCED

"SEC. 14. In the case of any activity which, in the judgment of the Secretary, is likely to assist in promoting the vocational rehabilitation of substantially larger numbers of handicapped individuals or the vocational rehabilitation of individuals with particular types of disabilities in a State or States, the Secretary may waive compliance, with respect to vocational rehabilitation services furnished as part of ^^^^^ activity, with the requirement of section 5(a)(3) that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by him, but only if the non-Federal share of the cost of such vocational rehabilitation services is met from funds made available by a political subdivision of the State (including, to the extent permitted by such regulations, funds contributed to such subdivision by a private agency, organization, or individual).

�


text:
Page:The Eurypterida of New York Volume 1.pdf/151

 with that of the merostomes, but there appears to exist from the beginning a striking difference in the strong differentiation of the preabdomen and the postabdomen early in the embryonic life of the scorpion, while in the eurypterids that difference between the two parts of the abdomen is still obscure in the larva, as it is in Limulus. In the scorpion the preabdomen is broad and bulky while the postabdomen or tail is abruptly set off, very narrow and flexed upon the ventral surface [see text fig. 30].

The abdominal appendages of the embryo of the scorpion [see text fig. 29] atrophy except for the first pair which form the "combs." In the places of the others the lungbooks appear, resulting from paired invaginations, the walls of which subsequently become plicated. In the merostomes, on the other hand, the preabdominal appendages remain throughout life and bear the branchial lamellae. It is the current opinion of zoologists that the lungbooks of the scorpion are derived from such branchiate abdominal appendages as those of Limulus, the conversion of one set of organs into the other being supposed to have been effected by the formation, behind each pair of abdominal appendages, of an invagination which, deepening, has carried in with it the branchial lamellae. Brauer [1895, p. 373] has recognized the origin of the lungbooks from gills.

In summing up the comparison between the embryonic and larval stages of the scorpion and the larvae of the eurypterids we may say that, (1) the general homologies of the two are very apparent in the composition of the carapace and abdomen of an equal number of segments, but that, (2) while in the scorpion the segmentation is completed long before the hatching, in the eurypterids the larvae in the nepionic stage still lack the full complement of segments, recalling the trilobites in this feature and clearly representing a more primitive condition; (3) there are a number of distinct differences in the larvae of the eurypterids and of the scorpions,


text:
Page:United States Statutes at Large Volume 79.djvu/1329

 79 STAT. ]

PUBLIC LAW 89-333-NOV. 8, 1965

1289

"NATIONAL COMMISSION ON ARCHITECTURAL BARRIERS TO REHABILITATION OF

THE

HANDICAPPED

"SEC. 15. (a) There is hereby established in the Department of Membership. Health, Education, and Welfare a National Commission on Architectural Barriers to Kehabilitation of the Handicapped, consisting of the Secretary, or his designee, who shall be Chairman, and not more than fifteen members appointed by the Secretary without regard to the civil service laws. The fifteen appointed members shall be representative of the general public, and of private and professional groups having an interest in and able to contribute to the solution of architectural problems which impede the rehabilitation of the handicapped. " (b) The Commission shall (1) determine how and to what extent Duties. architectural barriers impede access to or use of facilities in buildings of all types by the handicapped; (2) determine what is being done, especially hj public and other nonprofit agencies and groups having an interest m and a capacity to deal with the problem, to eliminate such barriers from existing buildings and to prevent their incorporation into buildings constructed in the future; and (3) prepare plans and proposals for such further action as may be necessary to achieve the goal of ready access to and full use of facilities in buildings of all types by the handicapped, including proposals for bringing together in a cooperative effort, agencies, organizations, and groups already working toward that goal or whose cooperation is essential to effective and comprehensive action. "(c) The Commission is authorized to appoint such special advisory consSuants"'^ and technical experts and consultants, and to establish such committees, as may be useful in carrying out its functions, to make studies, and to contract for studies or demonstrations to assist it in performing its functions. The Secretary shall make available to the Commission such technical, administrative, and other assistance as it may require to carry out its functions. " (d) AppOiinted members of the Commission and special advisory compensation. and technical experts and consultants appointed pursuant to subsection (c) shall, while attending meetings or conferences thereof or otherwise serving on business of the Commission, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time; and while so ser^nng away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.O. 73b-2) for persons in the Government service employed intermittently. 75^stat^339°^34o "(e) The Commission shall, prior to January 1, 1968, submit a Reports to Prekfinal report of its activities, together with its recommendations for ^'^^"^ ^""^ ^'°"" further carrying out the purposes of this section, to the Secretary ^'^^^^" for transmission by him together with his recommendations to the President and then to the Congress. The Commission shall also prepare such interim reports as the Secretary may request. " (f) There is hereby authorized to be appropriated for the fiscal Appropriation. year ending June 30, 1966, and each of the two succeeding fiscal years, the sum of $250,000 for carrying out the purposes of this section." S P E C I A L P R O G R A M S A N D COMPREHENSIArE PLANNING TO EXPAND VOCATIONAL REHABILITATION SERVICES

S E C 4. (a)(1) Section 4(a) of the Vocational Rehabilitation Act (29 U.S.C. 34(a)) is amended by striking out " (1) " where it first appears therein and inserting it immediately after "the Secretary shall make grants". 49-850 0-66—84

68 Stat. (555.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1330

 1290 71 Stat. 488. 29 USC 34.

Restriction.

Restriction.

68 Stat. 65 6.

Effective date.

PUBLIC LAW 89-333-NOV. 8, 1965

[79 STAT.

(2) Clause (2) of section 4(a) of such Act is amended to read: "(2)(A) to States and public and other nonprofit organizations and agencies for paying part of the cost of planning, preparing for, and initiating special programs to expand vocational rehabilitation services in those States where, in the judgment of the Secretary, such action holds promise of yielding a substantial increase in the number of persons vocationally rehabilitated, except that sums appropriated for any fiscal year beginning after June 30, 1970, shall not be available for grants under this clause, and sums appropriated for any fiscal year ending prior to July 1, 1970, for grants under this clause shall remain available for such grants until the close of June 30, 1971, and (B) to States (but not to exceed $100,000 for any State for any fiscal year) to meet the cost of planning for the development of a comprehensive vocational rehabilitation program in each State, with a view to achieving the orderly development of vocational rehabilitation services in the State (including vocational rehabilitation services provided by private nonprofit agencies), and making vocational rehabilitation services available to all handicapped individuals in the State by July 1, 1975, except that sums appropriated for any fiscal year beginning prior to July 1, 1965, or ending after June 30, 1967, shall not be available for grants under this clause, and sums appropriated for the period beginning July 1, 1965, and ending June 30, 1967, for grants under this clause shall remain available for such grants until the close of June 30, 1968." (3) Paragraph (2) of section 4(d) of such Act is amended by inserting "(other than subsection (a)(2)) " after "under this section" where it first appears therein, and by striking out "under this section" where it next appears therein and inserting in lieu thereof "thereunder". (b) The amendment made by subsection (a) shall be effective with respect to fiscal years beginning after June 30, 1965. RAISING OF LIMITATIONS ON TRAINING

71 Stat. 474; Post, p. 1291.

SEC. 5. (a) Section 4(a) of the Vocational Eehabilitation Act (29 U.S.C. 34(a)) is amended by striking out the second sentence and inserting in lieu thereof: "Grants for training and traineeships under clause (1) of this subsection may include training and traineeships in physical medicine and rehabilitation, physical therapy, occupational therapy, speech pathology and audiology, rehabilitation nursing, rehabilitation social work, prosthetics and orthotics, rehabilitation psychology, rehabilitation counseling, recreation for the ill and handicapped, and other specialized fields contributing to vocational rehabilitation. No grant shall be made under clause (1) or clause (2) of this subsection for furnishing to an individual any one course of study extending for a period in excess of four years". (b) Section 7(a)(3) of such Act (29 U.S.C. 37(a)(3)) is amended by striking out all that follows "any one course of study" and inserting in lieu thereof "for a period in excess of four years, and such training, instruction, fellowships, and traineeships may be in the fields of physical medicine and rehabilitation, physical therapy, occupational therapy, speech pathology and audiology, rehabilitation nursing, rehabilitation social work, prosthetics and orthotics, rehabilitation psychology, rehabilitation counseling, recreation for the ill and handicapped, and other specialized fields contributing to vocational rehabilitation; and".

�


text:
Page:United States Statutes at Large Volume 79.djvu/1331

 79 STAT. ]

PUBLIC LAW 89-333-NOV. 8, 1965

1291

DELETION O F ECONOMIC N E E D AS REQUIREMENT FOR SERVICES

SEC. 6. (a) Section 11(a) of the Vocational Kehabilitation Act (29 U.S.C. 41) is amended by striking out "in the case of any such individual found to require financial assistance with respect thereto,". (b) Paragraph (6) of section 11(a) of such Act is amended by striking out "(except where necessary in connection with determinations of eligibility or nature or scope of services)".

Stat. 559.

RESEARCH AND INFORMATION

SEC. 7. (a) Effective July 1, 1965, section 7(a) of the Vocational Rehabilitation Act (29 U.S.C. 37(a)) is amended by deleting paragraph (1); by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; and by striking out, in the paragraph herein redesignated as paragraph (3), "as to the studies, investigations, demonstrations, and reports referred to in paragraph (1) and other matters". (b) Effective July 1, 1965, section 7 of such Act (20 U.S.C. 37) is amended by adding at the end thereof the following new subsection: "(c) The Secretary is authorized, directly or by contract— "(1) to conduct research, studies, investigations, and demonstrations, and to make reports, with respect to abilities, aptitudes, and capacities of handicapped individuals, development of their potentialities, and their utilization in gainful and suitable employment; and "(2) to plan, establish, and operate an information service, to make available to agencies, organizations, and other groups and persons concerned with vocational rehabilitation, information on rehabilitation resources useful foi various kinds of disability and on research and the results thereof and on other matters which may be helpful in promoting the rehabilitation of handicapped individuals and their greater utilization in gainful and suitable employment. " (d) There are authorized to be appropriated for the fiscal year ending June 30, 1966, and each succeeding fiscal year, such sums as may be necessary for carrying out the purposes of this section." FLEXIBILITY I N STATE ADMINISTRATION

SEC. 8. (a) Subsection (a) of section 5 of the Vocational Rehabilitation Act (29 U.S.C. 35(a)) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: "(1)(A) designate a State agency as the sole State agency to administer the plan, or to supervise its administration in a political subdivision of the State by a sole local agency of such political subdivision, except that where under the State's law the State blind commission, or other agency which provides assistance or services to the adult blind, is authorized to provide them vocational rehabilitation services, such commission or agency may be designated as the sole State agency to administer the part of the plan under which vocational rehabilitation services are provided for the blind (or to supervise the administration of such part in a political subdivision of the State by a sole local agency of such political subdivision) and a separate State agency may be designated as the sole State agency with respect to the rest of the State plan; " (B) provide that the State agency so designated to administer or supervise the administration of the State plan, or (if there are two State agencies designated under subparagraph (A)) so much

Appropriation.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1332

 1292

PUBLIC LAW 89-333-NOV. 8, 1965

[79 STAT.

of the State plan as does not relate to services for the blind, shall be (i) a State agency primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of disabled individuals, (ii) the State agency administering or supervising the administration of education or vocational education in the State, or (iii) a State agency which includes at least two other major organizational units each of which administers one or more of the major public education, public health, public welfare, or labor programs of the State; "(2) provide, except in the case of agencies described in para-

graph a)(B)(i) -

Effective date.

" (A) that the State agency designated pursuant to paragraph (1) (or each State agency if two are so designated) shall include a vocational rehabilitation bureau, division, or other organizational unit which (i) is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of disabled individuals, and is responsible for the vocational rehabilitation program of such State agency, (ii) has a full-time director, and (iii) has a staff employed on such rehabilitation work of such organizational unit all or substantially all of whom are employed full time on such work; and " (B)(i) that such unit shall be located at an organizational level and shall have an organizational status within such State agency comparable to that of other major organizational units of such agency or (ii) in the case of an agency described in paragraph (1)(B) (ii), either that such imit shall be so located and have such status or that the director of such unit shall be the executive officer of such State agency; except that, in the case of a State which has designated only one State agency pursuant to paragraph (1), such State may, if it so desires, assign responsibility for the part of the plan under which vocational rehabilitation services are provided for the blind to one organizational unit of such agency and assign responsibility for the rest of the plan to another organizational unit of such agency, with the provisions of this paragraph (2) applying separately to each of such units." ^|^^ The amendments made by subsection (a) shall become effective July 1, 1967, except that, in the case of any State, such amendments shall be effective on such earlier date (on or after the date of enactment of this Act) as such State has in effect an approved plan meeting the requirements of the Vocational Rehabilitation Act as amended by subsection (a). SPECIAL SERVICES FOR THE B L I N D A N D THE D E A F

68 Stat. 659.

SEC. 9. So much of subsection (a) of section 11 of the Vocational Rehabilitation Act (29 U.S.C. 41 (a)) as precedes paragraph (1) is amended by inserting after the second semicolon "provision, in the case of handicapped individuals, of reader services for such individuals who are blind and of interpreter services in the case of such individuals who are deaf;". SERVICES TO DETERMINE REHABILITATION POTENTIAL OF RECIPIENT

SEC. 10. (a) Subsection (b) of section 11 of the Vocational Rehabilitation Act (29 U.S.C. 41 (b)) is amended by inserting before the period at the end thereof: "; except that nothing in the preceding provisions of this subsection or in subsection (a) shall be construed to exclude from 'vocational rehabilitation services' any goods or serv-

�


text:
Page:United States Statutes at Large Volume 79.djvu/1333

 79 STAT. ]

PUBLIC LAW 89-333-NOV. 8, 1965

ices provided to an individual who is under a physical or mental disability which constitutes a substantial handicap to employment, during the period, not in excess of eighteen months in the case of any individual who is mentally retarded or has a disability designated for this purpose by the Secretary, or six months in the case of an individual with any other disability, determined (in accordance with regulations of the Secretary) to be necessary for, and which are provided for the purpose of, ascertaining whether it may reasonably be expected that such individual will be rendered fit to engage in a remunerative occupation through the provision of goods and services described in subsection (a), but only if the goods or services provided to him during such period would constitute 'vocational rehabilitation services' if his disability were of such a nature that he would be a 'handicapped individual' under such preceding provisions of this subsection". (b) The amendment made by subsection (a) shall apply in the case of expenditures made after June 30, 1965, under a State plan approved under the Vocational Rehabilitation Act.

1293

^^ ^tat. 659.

Applicability.

M A N A G E M E N T SERVICES AND SUPERVISION OF B U S I N E S S E N T E R P R I S E S OF THE HANDICAPPED

SEC. 11. Effective July 1, 1966, section 11(a)(7) of the Vocational Rehabilitation Act (29 U.S.C. 4 1 (a)(7)) is amended to read as follows: "(7) in the case of any type of small business operated by the severely handicapped the operation of which can be improved by management services and supervision provided by the State agency, the provision of such services and supervision, alone or together with the acquisition by the State agency of vending stands or dther equipment and initial stocks and supplies; and". TECHNICAL

AMENDMENTS

SEC. 12. (a) Section 4(d)(3) of the Vocational Rehabilitation Act (29 U.S.C. 34(d)(3)) is amended to read as follows: "(3) Appointed members of the Council, while attending meetings National Advisor conferences thereof or otherwise serving on business of the Council bers. or at the request of the Secretary, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b2) for persons in the Government service employed intermittently." 75^star*-!39°^34o (b)(1) The last sentence of section 4(a), the second sentence of sect i o n 4 (d)(l), the firstsentence of section 4rd)(2),section 5(a)(4), the 29 USC 35. paragraphs of section 7(a) redesignated (by section 7 of this Act) as paragraphs (1) and (3), the portion of section 11(a) preceding paragraph (1), paragraph (8) of section 11(a), section 11(b), and so much of section 11(c) as precedes paragraph (1), of such Act, are each amended by striking out "physically handicapped individuals" and inserting in lieu thereof "handicapped individuals". (2) The third sentence of section 4(d)(1) of such Act is amended by striking out "physically handicapped" and inserting in lieu thereof "handicapped". (3) Section 8 of such Act is amended by striking out "Physically 29 USC 38. Handicapped" and inserting in lieu thereof "Handicapped" and by striking out "handicapped individuals" and inserting in lieu thereof "individuals".

�


text:
Page:United States Statutes at Large Volume 79.djvu/1334

 1294

PUBLIC LAW 89-334-NOV. 8, 1965

68 Stat. 660. 29 USC 4 1.

[79 STAT.

(c) Section 11(d) of such Act is amended by striking out "severely handicapped individuals" and inserting in lieu thereof "the severely handicapped". (d) Subsections (a), (b), and (d) of section 11 of such Act are amended by striking out "remunerative" and inserting in lieu thereof "gainful". FEDERAL SHARE

SEC. 13. (a) Effective for the fiscal year ending June 30, 1966, section 11(i) of the Vocational Rehabilitation Act is amended to read as follows: "(i) The term 'Federal share' for any State shall be equal to its Federal share as determined hereunder for the fiscal year ending June 30, 1965, plus one-half the difference between such share and 75 per centum." (b) Effective for fiscal years beginning after June 30, 1966, such section 11(i) is amended to read as follows: " (i) The term 'Federal share' means 75 per centum." PRESIDENT S COMMITTEE ON NATIONAL EMPLOYMENT OF THE HANDICAPPED

78 Stat. 221.

SEC. 14. The joint resolution entitled "Joint resolution authorizing an appropriation for the work of the President's Committee on National Employ the Physically Handicapped Week", approved July 11, 1949 (63 Stat. 409), as amended, is amended by striking out "$400,000" and inserting in lieu thereof "$500,000". Approved November 8, 1965.

Public Law 89-334 November 8, 1965 [S. 2542]

Revolving fund. Ante,

p. 484.

AN ACT To Miiieiul the Small Business Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.. That section 4(c) of the Small Business Act is amended by striking out "$1,721,000,000" and inserting in lieu thereof "$1,841,000,000". Approved"November 8, 1965.

Public Law 89-335 November 8, 1965 [H. R. 5493]

Lexingti o n. Mass. Display of U.S. flag.

56 Stat. 1074.

AN ACT To provide that the flag of the United States of America may be flown for tweuty-four hours of each day in Lexington, Massachusetts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled., That, notwithstanding any rule or custom pertaining to the display of the flag of the United States of America as set forth in the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America", approved June 22, 1942 (36 U.S.C. 171-178), the flag of the United States of America may be flown for twenty-four hours of each day on the green of the toMii of Lexington, Massachusetts. The flag may not be flown pursuant to the authority contained in this Act during the hours from sunset to sunrise unless it is illuminated. Approved November 8, 1965.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1335

 79 STAT.]

PUBLIC LAW 89-336-NOV. 8, 1965

1295

Public Law 89-336 AN ACT

November 8, 1965 To establish the Whiskeytown-Shasta-Trinity National Recreation Area in the [H. R. 797] State of California, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to pro- whiskeytownvide, in a manner coordinated with the other purposes of the Central N^tfonalRTc^eaValley project, for the public outdoor recreation use and enjoyment tion Area, caiif. of the Whiskeytown, Shasta, Clair Engle, and Lewiston reservoirs and Establishment. ---"-""' surrounding lands in the State of California by present and future generations and the conservation of scenic, scientific, historic, and other values contributing to public enjoyment of such lands and waters, there is hereby established, subject to valid existing rights, the Whiskey town-Shasta-Trinity National Recreation Area in the State of California (hereinafter referred to as the "recreation area"). The boundaries of the recreation area, which consists of the Whiskeytown unit, the Shasta unit, and the Clair Engle-Lewiston unit, shall be those shown in drawing numbered B O R - W S T 1004, dated July 196r3, entitled "Proposed Whiskeytown-Shasta-Trinity National Recreation Area", which is on file and available for public inspection in the office of the Director of the Bureau of Outdoor Recreation, Department of the Interior. The Whiskeytown unit shall be administered by the Administration. Secretary of the Interior; and the Shasta and Clair Engle-Lewiston units shall be administered by the Secretary of Agriculture, except that lands or waters needed or used for the operation of the Central Valley project shall continue to be administered by the Secretary of the Interior to the extent he determines to be required for such operation. The two Secretaries shall coordinate their planning and administration of the respective units in such manner as to provide integrated management policies for the recreation area as a whole for the purposes of this Act in order to bring about uniformity to the fullest extent feasible in the administration and use of the recreation area. ACQUISITION o r PROPERTY

SEC. 2. (a) Within the boundaries of the portion of the recreation area under his jurisdiction and outside such boundaries when required for the construction or improvement of access roads thereto, each Secretary is authorized to acquire lands, waters, or other property, or any interest therein, in such manner, including exchange as hereinafter provided, as he considers to be in the public interest to carry out the urposes of this Act. I n connection with any such acquisition, each ecretary may permit the grantor a reservation of all or any part of the minerals or of any other interest or right of use in such lands or waters on such terms and conditions as the Secretary may deem appropriate. Any property or interest therein owned by the State of Call' f omia or any political subdivision thereof within the recreation area may be acquired under the authority of this Act only with the concurrence of the owner. Notwithstanding any other provision of law, any Federal property located within the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the appropriate Secretary for use by him in carrying out the purposes of this Act. The Secretary of the Interior, in order to assure public access to Clear Creek and to provide hiking and horseback riding trails for the public, may, as he deems necessary for these purposes acquire such easements or other interests on either or both sides of Clear Creek

g

�


text:
Page:United States Statutes at Large Volume 79.djvu/1336

 1296

Mutual consultation.

Acquisition of n o n - Federal property.

Noncommercial residency.

"Improved property."

PUBLIC LAW 89-336-NOV. 8, 1965

[79 STAT.

between the south boundary of the Whiskeytown unit and the highway at Igo, California. The Secretary of Agriculture is authorized to acquire scenic easements or such other interests, including ownership of the land therein, as he determines to be appropriate to protect and assure the appearance of a strip of land not to exceed six hundred and sixty feet on each side of the centerline of Federal Aid Secondary Highway Numbered 1089 between the points where said highway crosses the south line of .sections 19 and 20, township 35 north, range 8 west, and where it crosses the south line of section 18, township 36 north, range 7 west, on the northwesterly side of the Clair Engle-Lewiston unit: Provided, That such easements or interests shall not be acquired without the consent of the owners so long as the appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid, zoning ordinance that, in the judgment of the Secretary of Agriculture, conforms to the zoning standards set forth in regulations issued pursuant to subsection (e). The two Secretaries shall engage in mutual consultation with respect to such acquisition and to exchange transactions so as to promote uniform policies therefor insofar as practicable, taking into consideration the purposes of the recreation area as a whole, the responsibility of the Secretary of the Interior for the administration of federally owned minerals and of the Central Valley project, and the responsibility of the Secretary of Agriculture for the administration of national forests. (b) When the public interests will be benefited thereby, the Secretary of the Interior and the Secretary of Agriculture are each authorized to accept title to any non-Federal property within any part of the recreation area and in exchange therefor convey to the grantor of such property any federally owned property under his jurisdiction within the State of California which he classifies as suitable for exchange or other disposal, notwithstanding any other provision of law. The properties so exchanged shall be approximately equal in fair market value: Provided, That the Secretary of the Interior or the Secretary of Agriculture, as the case may be, may accept cash from or pay cash to the grantor in such exchange in order to equalize the value of the properties exchanged. The Secretary of Agriculture shall obtain the concurrence of the Secretary of the Interior with respect to the value of any mineral interests in any such exchange proposed to be made by the Secretary of Agriculture. (c) Any owner or owners of improved residential property on the date of its acquisition by either Secretary may, as a condition to such acquisition, retain the right of use and occupancy of the property by himself and members of his immediate family for noncommercial residential purposes for a term ending at the death of such owner, the death of his spouse, or the day his last surviving child reaches the age of thirty, whichever is the latest. The value of the right retained shall be taken into consideration by the respective Secretary in determining the value of the property being acquired. (d) Privately owned "improved property" or interests therein shall not be acquired under this Act without the consent of the owner so long as an appropriate local zoning agency shall have in force and applicable to such property a duly adopted, valid, zoning ordinance that is approved by the Secretary having jurisdiction of the unit wherein the property is located. The term "improved property" as used in this Act shall mean any building or group of related buildings the actual construction of which was begun before February 7, 1963, together with not more than three acres of the land in the same ownership on which the building or group of buildings is situated: Provided.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1337

 79 STAT. ]

PUBLIC LAW 89-336-NOV. 8, 1965

1297

That the respective Secretary may exclude from improved property any shore or waters, together with so much of the land adjoining such shore or waters as he deems necessary for public access thereto. (e) Prior to the approval of any zoning ordinance for the pur- 2orin"Ve^'"ij^a°^ poses of this section, the Secretary of the Interior and the Secretary of tionT. Agriculture shall jointly issue regulations, which may be amended from time to time, specifying standards for such zoning ordinances. Standards specified in such regulations shall have the object of (1) prohibiting new commercial or industrial uses, other than commercial or industrial uses which the Secretaries consider to be consistent with the purposes of this Act; (2) promoting the protection and development of properties for purposes of this Act by means of use, acreage, frontage, setback, density, height, or other requirements; and (3) providing that the appropriate Secretary shall receive notice of any variance granted under, or any exception made to, the application of the zoning ordinance. Following issuance of such regulations, each Secretary shall approve any zoning ordinance or any amendment to an approved zoning ordinance submitted to him that conforms to the standards contained in the regulations in effect at the time of adoption of the ordinance or amendment. Such approval shall remain effective for so long as such ordinance or amendment remains in effect as approved. (f) The suspension of the respective Secretary's authority to acquire any improved property without the owner's consent shall automatically cease if (1) such property is made the subject of a variance or exception to any applicable zoning ordinance that does not conform to any applicable standard contained in regulations issued pursuant to this section; or (2) if such property is put to any use which does not conform to any applicable zoning ordinance. (g) Each Secretary shall furnish to any party in interest upon request a certificate indicating the property with respect to which the Secretary's authority to acquire without the owner's consent is suspended. (h) Within the Shasta and Clair Engle-Lewiston units any owner Property deveiof unimproved property who proposes to develop his property or a °a^^"* certifil)art thereof for service to the public may submit to the Secretary of Agriculture a development plan which shall set forth the manner in which and the time by which the property is to be developed and the use to which it is proposed to be put. If upon review of such plan the Secretary determines that the development and use of the property in the manner prescribed conforms to a zoning ordinance approved in accordance with the provisions of this section and that such use and development would serve the purposes of this Act, the Secretary of Agriculture may in his discretion issue to such Owner a certificate to that effect. Upon the issuance of any such certificate and so long as such property is developed, maintained, and used in conformity therewith, the authority of the Secretary of Agriculture to acquire such property or any interest therein without the consent of the owner shall be suspended. This subsection shall not apply to any property which the Secretary of Agriculture determines to be needed for easements and rights-of-way for access, utilities, or facilities, or for administrative sites, campgrounds, or other areas needed for use by the United States for visitors to the national recreation area. E S T A B I. I S H M E N T OF U N I T S: BOUNDARY

DESCRIPTIONS

SEC. 3. (a) When the Secretary of Agriculture determines that Ffder^i''Rp°"sJer sufficient lands, waters, or interest therein are owned or have been ^ ^^ '^'^ "' " acquired by the United States within the boundaries of the Shasta unit or within the boundaries of the Clair Engle-Lewiston unit to

�


text:
Page:United States Statutes at Large Volume 79.djvu/1338

 1298

Publication in Federal Register.

PUBLIC LAW 89-336-NOV. 8, 1965

[79 STAT.

permit efficient initial development and administration for the purposes of this Act, he shall publish in the Federal Register a notice to that effect and a detailed description of the boundaries of such unit. (b) "When the Secretary of the Interior determines that sufficient lands, waters, or interest therein are owned or have been acquired by the United States within the boundaries of the Whiskeytown unit to permit efficient initial development and administration for the purposes of this Act, he shall publish in the Federal Register a notice to that effect and a detailed description of the boundaries of the unit. (c) Following the publication of any such notice, the respective Secretaries may continue to acquire the remaining property within the recreation area. ADMINISTRATION: PRIORITIES

SEC. 4. (a) Each Secretary is authorized and directed to administer the portion of the recreation area under his jurisdiction in a manner coordinated with the other purposes of the Central Valley project and with the purposes of the recreation area as a whole and in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of renewable natural resources as in the judgment of the respective Secretary will promote or is compatible with, and does not significantly impair, public recreation and conservation of scenic, scientific, historic, or other values contributing to public enjoyment. Such administration shall be carried out under land and water use management plans which each Secretary shall prepare and may from time to time revise in consultation with the other. (b) I n the administration of the portion of the recreation area, under his jurisdiction— (1) the Secretary of Agriculture shall utilize statutory authorities relating to the national forests in such manner as he deems appropriate to carry out the purposes of this Act; and (2) the Secretary of the Interior may utilize such statutory authorities relating to areas of the national park system and such statutory authority otherwise available to him for the conservation and development of natural resources as he deems appropriate to carry out the purposes of this Act. HUNTING AND FISHING

SEC. 5. Each Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the recreation area in accordance with the applicable laws of the State of California and of the United States: Provided, That each Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, or public use and enjoyment not compatible with hunting or fishing. Regulations prescribing any such restrictions shall be issued after consultation with the California Department of Fish and Game. MINERAL DEVELOPMENT

SEC. 6. The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws. The Secretary of the Interior, under such regulations as he deems appropriate, may permit the removal of the nonleasable minerals from lands or interests in lands

�


text:
Page:United States Statutes at Large Volume 79.djvu/1339

 79 STAT. ]

PUBLIC LAW 89-336-NOV. 8, 1965

under his jurisdiction within the recreation area in the manner prescribed by section 10 of the Act of August 4, 1939, as amended (53 Stat. 1196; 43 U.S.C. 387), and from those under the jurisdiction of the Secretary of Agriculture within the recreation area in accordance with the provisions of section 3 of the Act of September 1, 1949 (63 Stat. 683; 30 U.S.C. 192c), and he may permit the removal of leasable minerals from lands or interests in lands within the recreation area in accordance with the Mineral l e a s i n g Act of February 25, 1920, as amended (30 U.S.C. 181 et seq.), or the Acquired Lands Mineral l e a s i n g Act of August 7, 1947 (30 U.S.C. 351 et seq.), if he finds that such disposition would not have significant adverse effects on the purposes of the Central Valley project or the administration of the recreation area: Provided, That any lease or permit respecting such minerals in lands administered by the Secretary of Agriculture shall be issued only wnth his consent and subject to such conditions as he may prescribe. All receipts derived from permits and leases issued under the authority of this section on lands administered by the Secretary of Agriculture shall be paid into the same funds or accounts in the Treasury of the United States and shall be distributed in the same manner as provided for other receipts from the lands affected by the lease or permit, except that any receipts derived from permits or leases issued on those or other lands in the recreation area under the Mineral Leasing Act of February 25, 1920, as amended, or the Act of August 7, 1947, shall be disposed of as provided in the applicable Act; and receipts from the disposition of nonleasable minerals from public lands under the jurisdiction of the Secretary of the Interior shall be disposed of in the same manner as moneys received from the sale of public lands. STATE JURISDICTION

SEC. 7. Nothing in this Act shall deprive any State or political subdivision thereof of its right to exercise civil and criminal jurisdiction within the recreation area or of its right to tax persons, corporations, franchises, or property, including mineral or other interests, in or on lands or waters within the recreation area. ADDITIONS TO THE SHASTA AND TRINITY NATIONAL FORESTS

SEC. 8. The exterior boundaries of the Shasta National Forest in the State of California are hereby extended to include the lands described in the Act of March 19, 1948 (62 Stat. 83), and sections 22 and 27, township 35 north, range 1 west, Mount Diablo base and meridian. The exterior boundaries of the Trinity National Forest in the State of California are hereby extended to include all of sections 4, 5, and 8, the east half and the northwest quarter of section 6, the east half of section 7, the northwest quarter of section 17, and the northeast quarter of section 18, township 33 north, range 8 west, Mount Diablo base and meridian. Subject to any valid claim or entry now existing and hereafter legally maintained, all public lands of the United States and all lands of the United States heretofore or hereafter acquired or reserved for use in connection with the Shasta, Clair Engle, or Lewiston Reservoirs of the Central Valley project within the exterior boundaries of the Shasta and Trinity National Forests which have not heretofore been added to and made a part of such forests, and all lands of the United States acquired for the purposes of the recreation area in the Shasta or Clair Engle-Lewiston units are hereby added to and made a part of the respective national forests within which they are situated: Provided, That lands within the flow

1299

^i Stat. 437. ^i Stat. 913.

Disposal of receipts.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1340

 1300

D i s p o s a l of revenues.

Appropriation.

PUBLIC LAW 89-337-NOV. 8, 1965

[79 STAT.

lines of any reservoir operated and maintained by the Department of the Interior or otherwise needed or used for the operation of the Central Valley project shall continue to be administered by the Secretary of the Interior to the extent he determines to be required for such operation. SEC. 9. Revenues and fees obtained by the United States from operation of the national recreation area shall be subject to the same statutory provisions concerning the disposition thereof as are similar revenues collected in areas of the national park system except that fees and revenues obtained from mineral development and from activities under other public land laws within the recreation area shall be disposed of in accordance with the provisions of the applicable laws. SEC. 10. There are hereby authorized to be appropriated for the acquisition of lands and interests in land pursuant to the provisions of this Act not more than $21,600,000. There are also authorized to be appropriated not more than $22,700,000 for the development of recreation facilities pursuant to the provisions of this Act. Approved November 8, 1965.

Public Law 89-337 November 8, 1965 [S. 2679]

Watersheds. Floodwater capacity, increase. 70 Stat. 1088. 16 USC 1002.

AN ACT To amend the Watershed Protection and Flood Prevention Act, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Watershed Protection and Flood Prevention Act (68 Stat. 666), as amended, is amended by striking out "more than five thousand acrefeet of floodwater detention capacity" and inserting in lieu thereof detention capacity". Approved November 8, 1965.
 * more than twelve thousand five hundred acre-feet of floodwater

Public Law 89-338 November 8, 1965 [H. R. 7475]

David D. Terry lock and dam; David D. Terry Lake. Designation.

AN ACT To name the authorized lock and dam numbered 6 on the Arkansas River in Arkansas and the lake created thereby for David D. Terry.

Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assembled, That lock and dam numbered 6, Arkansas, a feature of the Arkansas Eiver navigation project, authorized to be constructed by the River and Harbor Act of July 24, 1946 (60 Stat. 641, 647), shall be known and designated hereafter as the David D. Terry lock and dam, and the lake created thereby as the David D. Terry Lake. Any law, regulation, map, document, record, or other paper of the United States in which such lock and dam and lake are referred to shall be held to refer to such lock and dam as the David D. Terry lock and dam, and the lake as the David D. Terry Lake. Approved ^fovember 8, 1965.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1341

 79 STAT. ]

PUBLIC LAW 89-339-NOV. 8, 1965

1301

Public Law 89-339 AN ACT

November 8, 1965

To provide assistance to the States of Florida, Louisiana, and Mississippi for the reconstruction of areas damaged by the recent hurricane.

[H. R. 11539]

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

southeast Hun-i-

•

•

^,

•

hereby recognizes that the States of Florida, Louisiana, and Mississippi suffered extensive property loss and damage as a result of Hurricane Betsy in 1965 (including, but not limited to, loss and damage from flood, high waters, and wind-driven waters caused by such hurricane) and that there is a need for special measures designed to aid and accelerate these States in their efforts to provide for the reconstruction of highways and public works projects, and to otherVv'ise rehabilitate these devastated areas. SEC. 2. Notwithstanding any other provision of law, trailers provided as a result of Hurricane Betsy as temporary housing under clause (d) of section 3 of the Act entitled "An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes", approved September 30, 1950, as amended (42 U.S.C. 1855b), may be sold directly to the persons who are the occupants thereof at prices that are fair and equitable. SEC. 3. In the administration of the disaster loan program under section 7(b)(1) of the Small Business Act, as amended (15 U. S. C 636(b)), in the case of property loss or damage in the States of Florida, Louisiana, and Mississippi resulting from Hurricane Betsy, the Small Business Administration, to the extent such loss or damage is not compensated for by insurance or otherwise, (1) shall at the borrower's option on that part of any loan in excess of $500, (A) cancel up to $1,800 of the loan, or (B) waive interest due on the loan in a total amount of not more than $1,800 over a period not to exceed three years; and (2) may lend to a privately owned school, college, or university without regard to whether the required financial assistance is otherwise available from private sources, and may waive interest payments and defer principal payments on such a loan for the first three years of the term of the loan. SEC. 4. In the administration of the emergency loan program under subtitle C of the Consolidated Farmers Home Administration Act of 1961, as amended (7 U.S.C. 1961—67), in the case of property loss or damage in the States of Florida, Louisiana, and Mississippi, resulting from flood, high waters, or wind-driven water or uninsurable crop loss, caused by Hurricane Betsy, the Secretary of Agriculture shall, to the extent such loss or damage is not compensated for by insurance or otherwise, at the borrower's option on that part of any loan in excess of $500, (1) cancel up to $1,800 of the loan, or (2) waive interest due on the loan in a total amount of not more than $1,800 over a period not to exceed three years without regard to whether the required financial assistance is otherwise available from private sources. SEC. 5. The Secretary of Housing and Urban Development shall undertake an immediate study of alternative programs which could be established to help provide financial assistance to those suffering property losses in flood and other natural disasters, including altemative methods of Federal disaster insurance, as well as the existing flood insurance program, and shall report his findings and recommendations to the President for submission to the Congress not later than nine months after the appropriation of funds for this study, except that the findings and recommendations on earthquake insurance shall be reported to the President for submission to the Congress not later than three years after the appropriation of funds for this study.

c3116 DissstGr Rc—

aef Act of 1965.

Trailers, sale,

64 Stat. mo; jis^s^tir'To^ans^^ J^^^*^*' joe'

en^T^n^'^r' gr^mf °^" ^'^°' 75 Stat. 311.

nanc?aTa"^^st"' ance'programs^ study. Reports'to^presi^ent and con^'•^^^•

�


text:
Page:United States Statutes at Large Volume 79.djvu/1342

 1302 Appropriation.

Expiration date.

Short title.

PUBLIC LAW 89-340-NOV. 8, 1965

[79 STAT.

SEC. 6. There is hereby authorized to be appropriated not to exceed $70,000,000 to carry out this Act, and such sums shall remain available until expended. SEC. 7. This Act, other than sections 5 and 6, shall not be in effect after January 1, 1967, except with respect to payment of expenditures for obligations and commitments entered into under this Act on or before such date. SEC. 8. This Act may be cited as the "Southeast Hurricane Disaster Relief Act of 1965". Approved November 8, 1965.

Public Law 89-340 November 8, 1965 [H. J. R e s. 788]

89th C o n g r e s s. Second s e s s i o n.

JOINT RESOLUTION Establishing that the second regular session of the Eighty-ninth Congress convene at noon on Monday, January 10, 1966.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the second regular session of the Eighty-ninth Congress shall begin at noon on Monday, January 10, 1966. Approved November 8, 1965.

Public Law 89-341 November 8, 1965 [H. R. 5597]

AN ACT To relieve physicians of liability for negligent medical treatment at the scene of an accident in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the D.c. physicians. United States of America in Congress assembled, That no physician it ^^0^^° a^'ence ^i^^i^sed to practice medicine or osteopathy in the District of Columbia 1 en e. ^^ lu any State, and no registered nurse licensed in the District of Columbia or in any State, shall be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such physician or nurse rendering (in good faith and without expectation of receiving or intending to seek compensation) medical care or assistance at the scene of an accident or other medical emergency in the District of Columbia and outside a hospital. Approved November 8, 1965.

Public Law 89-342 November 8, 19 65 [H. R. 11267]

House of Representatives. Office equipment.

69 Stat. 13.

AN ACT To amend the joint resolution of March 25, 1953, relating to electrical and mechanical office equipment for the use of IVIembers, officers, and committees of the House of Representatives, to remove certain limitations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (d) of the first section of the joint resolution entitled "Joint resolution to authorize the Clerk of the House of Representatives to furnish certain electrical or mechanical office equipment for the use of Members, officers, and conmiittees of the House of Representatives", approved March 25, 1953 (2 U.S.C. 112a(d)), is hereby repealed.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1343

 79 STAT. ]

PUBLIC LAW 89-343-NOV. 8, 1965

1303

Public Law 89-343 AN ACT

November 8, 1965

To amend the Federal Property and Administrative Services Act of 1949, to make title III thereof directly applicable to procurement of property and services by executive agencies, and for other purposes.

1^^' ^^O"*^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) Property and of section 302 of the Federal Property and Administrative Services ^^p'l^o'curement proAct of 1949 (63 Stat, 377), as amended, is amended to read as follows: cedures, appuca"SEC. 302. (a) Executive agencies shall make purchases and con- ^72*Stat. 966. tracts for property and services in accordance with the provisions of "*! use 252. this title and implementing regulations of the Administrator; but this title does not apply— " (1) to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration; or "(2) when this title is made inapplicable pursuant to section 602(d) of this Act or any other law, but when this title is made ^3^3^^*; '*°^' inapplicable by any such provision of law sections 3709 and 3710 40 USC 374. of the Revised Statutes, as amended (41 U.S.C. 5 and 8), shall ^"^ra. be applicable in the absence of authority conferred by statute to procure without advertising or without regard to said section 3709." SEC. 2. Subsection (c) of section 302 of said Act is amended by tractf"^*^'^''°"' revising paragraph (15) to read: 63 Stat. 393; "(15) otherwise authorized by law, except that section 304 72 stat^^66. shall apply to purchases and contracts made without advertising under this paragraph." SEC. 3. The second sentence of subsection (a) of section 307 of said 4i use 257. Act is amended by inserting immediately after "section," the following: "and except as provided in section 205(d) with respect to the ^o use 486. Administrator,". SEC. 4. Subsection (b) of section 307 of said Act is amended by striking out the second sentence thereof. SEC. 5. Section 310 of said Act is amended to read as follows: '^^ use 260. "SEC. 310. Sections 3709, 3710, and 3735 of the Revised Statutes, as amended (41 U.S.C. 5, 8, and 13), shall not apply to the procurement of property or services made by an executive agency pursuant to this title. Any provision of law which authorizes an executive agency (other than an executive agency which is exempted from the provisions of this title by section 302(a) of this Act), to procure any property or services without advertising or without regard to said section 3709 shall be construed to authorize the procurement of such property or services pursuant to section 302(c) (15) of this Act without regard to the advertising requirements of sections 302(c) and 303 of t h i s Act. "

41 USC 253.

SEC. 6. Subsection (d) of section 602 of said Act is amended as ^^^'^.'S'^'^,!follows: (a) By striking out the semicolon at the end of paragraph (15) GrrTefaT.^'**'^ and inserting in lieu thereof a comma and the following: "and the leasing and acquisition of real property, as authorized by law;". (b) By striking out the word "or" where it appears at the end of paragraph (18). (c) By striking out the period at the end of paragraph (19), and inserting in lieu thereof a semicolon and the word "or".

�


text:
Page:United States Statutes at Large Volume 79.djvu/1344

 1304 Secretary of Interior.

16 USC 832832l.

PUBLIC LAW 89-344-NOV. 8, 1965

[79 STAT.

(d) By adding at the end of that subsection the following new paragraph: " (20) The Secretary of the Interior with respect to procurement for program operations under the Bonneville Project Act of 1937 (50 Stat. 731), as amended." Approved November 8, 1965.

Public Law 89-344 November 8, 19 65 [H. R. 9830]

Federal agencies. Sidewalk repair, e t c., State reimbursement.

AN ACT To amend the Federal Property and Administrative Services Act of 1949, as amended, to authorize reimbursement to a State or political subdivision thereof for sidewalk repair and replacement or to make other arrangements therefor. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.^ That section 210 of the Federal Property and Administrative Services Act of 1949, 64 Stat. 580, as amended (40 U.S.C. 490), is further amended by adding the following new subsection: " (i)(1) Any executive agency is authorized to install, repair, and replace sidewalks around buildings, installations, properties, or grounds under the control of such agency and owned by the United States within the several States, the District of Columbia, the Commonwealth of Puerto Kico, and the possessions of the United States, by reimbursement to a State or political subdivision thereof, the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States, or otherwise. "(2) Installation, repair, and replacement under this subsection shall be performed in accordance with regulations to be prescribed by the Administrator of General Services with the approval of the Director of the Bureau of the Budget. "(3) Funds appropriated to the agency for installation, repair, and maintenance, generally, shall be available for expenditure to accomplish the purposes of this subsection. "(4) Nothing contained herein shall increase or enlarge the tort liability of the United States for injuries to persons or damages to property beyond such liability presently existing by virtue of any other law." Approved November 8, 1965.

Public Law 89-345 November 8, 1965 [H. R. 4421]

Cheyenne, Wyo. Conveyanc

AN ACT Aiirhorizing the Administrator of Veterans' Affairs to convey certain property to the city of Cheyenne, Wyoming. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of Veterans' Affairs is authorized to convey, without monetary consideration, to the city of Cheyenne, Wyoming, for park and recreational purposes, all right, title, and interest of the United States in and to a tract of twenty-seven acres of land, more or less, constituting a portion of the reservation of the Veterans' Administration Center, Cheyenne, Wyoming. The exact legal description of the tract shall be determined by the Administrator of Veterans' Affairs, and if a survey is required in order to make such determination, the city of Cheyenne, Wyoming, shall bear the expense thereof.

�


text:
Page:United States Statutes at Large Volume 79.djvu/1345

 79 STAT. ]

PUBLIC LAW 89-346-NOV. 8, 1965

SKC. 2. Any deed of conveyance made pursuant to this Act shall— (a) provide that the land conveyed shall be used for park and recreational purposes and in a manner that will not, in the judgment of the Administrator of Veterans' Affairs, or his designate, interfere with the care and treatment of patients in the Veterans' Administration Center, Cheyenne, Wyoming; (b) contahi such additional terms, conditions, reservations, easements, and restrictions as may be determined by the Administrator of Veterans' Affaii"s to be necessary to protect the interest of the United States: (c) provide that if the city of Cheyenne, Wyoming, violates any provision of the deed of conveyance or alienates or attempts to alienate alj or any part of the parcel so conveyed, title thereto shall revert to the United States; and that a determination by the Administrator of Veterans' Affairs of any such violation or alienation or attempted alienation shall be final and conclusive; and (d) provide that in the event of such reversion, all improvements made by the city of Cheyenne, Wyoming, during its occupancy shall vest in the United States without payment of compensation therefor. Approved November 8, 1965.

1305

conditions.

Public Law 89-346 AN ACT

November 8, 1965

To amend sections 9 and 37 of the Shipping Act, 1916, and subsection O of the ^ _ J £ l £ i i £ ] Ship Mortgage Act, 1920.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Merchant vesShipping Act, 1916 (46 U.S.C. 808), is amended by inserting a new MoVtgage bonds, paragraph between the existing third and fourth paragraphs thereof sale and validity.' as follows: s'l.T^L'"'' "The issuance, transfer, or assignment of a bond, note, or other evidence of indebtedness which is secured by a mortgage of a vessel to a trustee or by an assigimient to a trustee of the owner's right, title, or interest in a vessel under construction, to a person not a citizen of the United States, without the approval of the Secretary of Commerce, is unlawful unless the trustee or a substitute trustee of such mortgage or assignment is approved by the Secretary of Commerce. The Secretary of Commerce shall grant his approval if such trustee or a substitute trustee is a bank or trust company which (1) is organized as a corporation, and is doing business, under the laws of the United States or any State thereof, (2) is authorized under such laws to exercise corporate trust powers, (3) is a citizen of the United States, (4) is subject to supervision or examination by Federal or State authority, and (5) has a combined capital and surplus (as set forth in its most recent published report of condition) of at least $3,000,000. If such trustee or a substitute trustee at any time ceases to meet the foregoing qualifications, the Secretary of Commerce shall disapprove such trustee or substitute trustee, and after such disapproval the transfer or assignment of such bond, note, or other evidence of indebtedness to a person not a citizen of the United States, without the approval of the Secretary of Commerce, shall be unlawful. The trustee or substitute trustee approved by the Secretary of Commerce shall not operate the vessel under the mortgage or assignment without the approval 49-850 0-€6—85

�


text:
Page:United States Statutes at Large Volume 79.djvu/1346

 1306

Restrictions during war or national emergency. 40 Stat. 901.

Ship mortgage bonds. Transfer or assignment to noncitizens. 41 Stat. 1004.

PUBLIC LAW 89-346-NOV. 8, 1965

[79 STAT.

of the Secretary of Commerce. If a bond, note, or other evidence of indebtedness which is secured by a mortgage of a vessel to a trustee or by an assignment to a trustee of the owner's right, title, or interest in a vessel under construction, is issued, transferred, or assigned to a person not a citizen of the United States in violation of this section, the issuance, transfer, or assignment shall be void." SEC. 2. Section 37 of the Shipping Act, 1916 (46 U.S.C. 835), is amended as follows: (a) By relettering the existing subsections (c), (d), and (e) as (d), (e), and (f) and by inserting a new subsection (c) as follows: "(c) To issue, transfer, or assign a bond, note, or other evidence of indebtedness which is secured by a mortgage of a vessel to a trustee or by an assignment to a trustee of the owner's right, title, or interest in a vessel under construction, or by a mortgage to a trustee on a shipyard, drydock, or ship-building or ship-repairing plant or facilities, to a person not a citizen of the United States, unless the trustee or a substitute trustee of such mortgage or assignment is approved by the Secretary of Commerce: Provided, however, That the Secretary of Commerce shall grant his approval if such trustee or a substitute trustee is a bank or trust company which (1) is organized as a corporation, and is doing business, under the laws of the United States or any State thereof, (2) is authorized under such, laws to exercise corporate trust powers, (3) is a citizen of the United States, (4) is subject to supervision or examination by Federal or State authority, and (5) has a combined capital and surplus (as set forth in its most recent published report of condition) of at least $3,000,000; or for the trustee or substitute trustee approved by the Secretary of Commerce to operate said vessel under the mortgage or assignment: Provided further, That if such trustee or a substitute trustee at any time ceases to meet the foregoing qualifications, the Secretary of Commerce shall disapprove such trustee or substitute trustee, and after such disapproval the transfer or assignment of such bond, note, or other evidence of indebtedness to a person not a citizen of the United States, without the approval of the Secretary of Commerce, shall be unlawful; or". (b) By inserting a new paragraph between the existing second and third paragraphs thereof as follows: "If a bond, note, or other evidence of indebtedness which is secured by a mortgage of a vessel to a trustee or by an assignment to a trust^ee of the owner's right, title, or interest in a vessel under construction, or by a mortgage to a trustee on a shipyard, drydock or ship-building or ship-repairing plant or facilities, is issued, transferred, or assigned to a person not a citizen of the United States in violation of subsection c of this section, the issuance, transfer or assignment shall be void." SEC. 3. Subsection O of the Ship Mortgage Act, 1920 (46 U.S.C. 961), is amended by relettering the existing paragraph (e) as paragraph (f) and by inserting a new paragraph (e) as follows: "(e) No bond, note, or other evidence of indebtedness which is secured by a mortgage of a vessel to a trustee may be issued, transferred, or assigned to a person not a citizen of the United States, without the approval of the Secretary of Commerce, unless the trustee or substitute trustee of such mortgage is approved by the Secretary of Commerce. The Secretary of Commerce shall grant his approval if such trustee or substitute trustee is a bank or trust company which (1) is organized as a corporation, and is doing business, under the laws of the United States or any State thereof, (2) is authorized under such laws to exercise corporate trust powers, (3) is a citizen of the United States, (4) is subject to supervision or examination by Federal

�


text:
Page:United States Statutes at Large Volume 79.djvu/1347

 79 STAT. ]

PUBLIC LAW 89-347-NOV. 8, 1965

1307

or State authority, and (5) has a combined capital and surplus (as set forth in its most recent published report of condition) of at least $8,000,000. If such trustee or a substitute trustee at any time ceases to meet the foregoing qualifications, the Secretary of Commerce shall disapprove such trustee or substitute trustee, and after such disapproval the transfer or assignment of such bond, note, or other evidence of indebtedness to a person not a citizen of the United States, without the approval of the Secretary of Commerce, shall be unlawful. If a bond, note, or other evidence of indebtedness which is secured by a mortgage of a vessel to a trustee is issued, transferred, or assigned to a person not a citizen of the United States in violation of this paragraph, the issuance, transfer, or assignment shall be void." SEC. 4. Bonds, notes, and other evidence of indebtedness which are t5<^d"1ilM°b secured by a mortgage of a vessel to a trustee or by an assignment to noncuizens. a trustee of the owner's right, title, or interest in a vessel under construction which have heretofore been issued, transferred, or assigned, or are issued, transferred, or assigned within one year after the enactment of this Act, to a person not a citizen of the United States without the approval of the Secretary of Commerce are valid in the hands of such person and the validity and preferred status of such mortgage and the validity and lawfulness of such issuance, transfer, or assignment shall not be affected by such issuance, transfer, or assignment if the trustee or a substitute trustee is approved by the Secretary of Commerce within one year after enactment of this Act, under the standards for trustees specified in the amendments made by this Act to sections 9 and 37 of the Shipping Act, 1916, and to subsection O of the Ship Mortgage Act, 1920. Nothing in this section shall be construed to alter retroactively any Pending utigariglits which were the subject matter of litigation pending on the date ^'°"' of enactment of this Act. Approved November 8, 1965.

Public Law 89-347 AN ACT

To amend certain criminal laws applicable to the District of Columbia, and for other purposes.

November 8, 1965

[^- ^^20]

Be it enacted by the Senate and House of Representatives of the District^ United States of America in Congress assembled, That section 848 of Columbia. of ^^^ ^^ the Act entitled "An Act to establish a code of law for the District of '^"cHm^nl'i Laws. Columbia", approved March 3, 1901, as amended (D.C. Code, sec. 2 2 ^ 0 3), is further amended to read as follows: ^° ^^^^- ''^^• "SEC. 848. Whoever maliciously iniures or breaks or destroys, or Destruction of attempts to injure or break or destroy, by fire or otherwise, any public or private property, whether real or personal, not his own, of the value of $200 or more, shall be fined not more than $5,000 or shall be imprisoned for not more than ten years, or both, and if the value of the property be less than $200 shall be fined not more than $1,000 or imprisoned for not more than one year, or both." SEC. 2. The first section of the Act entitled "An Act for the preservation of the public peace and the protection of property in the District of Columbia", approved July 29, 1892, as amended (D.C. Code, sec. 22-3112), is further amended by striking out "destroy, injure, dis- 34 Stat. 126. figure, cut, chip, break," and inserting in lieu thereof "disfigure, cut, chip,".

�


text:
Page:United States Statutes at Large Volume 79.djvu/1348

 1308 Kidnaping. 47 Stat. 858.

Immunity privileges.

38 Stat. 282.

77 Stat. 617.

Healing arts. Corporation C o u n s e l, enforcement functions. 45 Stat. 1340.

45 Stat. 1521.

43 Stat. 177.

PUBLIC LAW 89-347-NOV. 8, 1965

[79 STAT.

SEC. 3. Section 812 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, as amended (D.C. Code, sec. 22-2101), is further amended by striking out "for ransom or reward", and inserting in lieu thereof "for ransom or reward or otherwise, except, in the case of a minor, by a parent thereof,". SEC. 4. Section 9 of the Act entitled "An Act to enjoin and abate houses of lewdness, assignation, and prostitution; to declare the same to be nuisances; to enjoin the person or persons who conduct or maintain the same and the owner or agent of any building used for such purpose; and to assess a tax against the person maintaining such nuisance and against the building and owner thereof", approved February 7, 1914, as amended (D.C. Code, sec. 22-2721), is further amended to read as follows: "SEC. 9. In any prosecution for violation of this Act or so much of the first section of the Act entitled 'An Act to confer concurrent jurisdiction on the police court of the District of Columbia in certain cases', approved July 16, 1912 (37 Stat. 192; D.C. Code, sec. 22-2722), as relates to the keeping of a bawdy or disorderly house, the court, upon application of the United States attorney made after such attorney has given notice thereof to the Corporation Counsel of the District of Columbia, may order any witness to testify or to produce evidence, or both. L^^pon such order of the court, such witness shall not be excused from testifying or from producing evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no such witness shall be prosecuted or suDJected to any penalty or forfeiture for or on account of any act, transaction,' matter or thing concerning which he has been ordered to testify or to produce evidence after having claimed the privilege against self-incrimination, nor shall testimony or other evidence ordered to be given or produced under the provisions of this section be used as evidence in any criminal proceeding against him in any court. No witness shall be exempt under this section from prosecution for perjury or contempt committed in connection with giving testimony or producing evidenc-e under order of the court as provided in this section." SEC. 5. The last sentence of section 46 of the Healing Arts Practice Act, District of Columbia, 1928, as amended (D.C. Code, sec. 2-137), is further amended by striking out "by said United States District Attorney when instituted on behalf of the Commission, and" and by striking out "when instituted on behalf of the Commissioners of said District or by the major and superintendent of police of said District". SEC. 6. The fourth sentence of section 8 of the Act entitled "An Act to define the term 'registered nurse' and to provide for the registration of nurses in the District of Columbia", approved February 9, 1907, as amended (D.C. Code, sec. 2-407), is amended by striking out "United States Attorney for the District of Columbia" and inserting in lieu thereof "Corporation Counsel of the District of Columbia". SEC. 7. Section 2 of the Act entitled "An Act to regulate the practice of optometry in the District of Columbia", approved May 28, 1924 (D.C. Code, sec. 2-502), is amended by adding at the end thereof the following new sentence: "Prosecutions for violations of this Act shall be conducted in the name of the District of Columbia by the Corporation Counsel.".

�