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thence continuing northerly along the west line of section 35 to the northwest corner of section 35, township 29 south, range 18 east (partially surveyed); thence westerly along the south line of section 27 to the southwest corner of section 27, township 29 south, range 18 east (partially surveyed); thence northerly along the west line of sections 27 and 22 to the northwest corner of section 22, township 29 south, range 18 east (partially surveyed); thence westerly along the south line of section 16 to the southwest corner of section 16, township 29 south, range 18 east (partially surveyed); thence northerly along the west line of sections 16 and 9 to the northwest corner of section 9, township 29 south, range 18 east (partially surveyed); thence westerly along the south line of section 5 to the southwest corner of section 5, township 29 south, range 18 east (partially surveyed); thence northerly along the west line of section 5 to the northwest corner of section 5, township 29 south, range 18 east (partially surveyed); thence continuing northerly along the west line of section 32 to the northwest corner of section 32, township 281/^ south, range 18 east (partially surveyed); thence westerly along the south line of section 30 to the southwest corner of section 30, township 281/^ south, range 18 east (partially surveyed); thence northerly along the west line of sections 30 and 19 to the northwest corner of the south half of section 19, township 281^ south, range 18 east (partially surveyed); thence westerly along the south line of the north half of sections 24 and 23 to the southwest corner of the northeast quarter of section 23, township 28 south, range 17 east (partially surveyed); thence northerly along the west line of the northeast quarter of section 23 and the west line of the southeast quarter of section 14 to the northwest corner of the southeast quarter of section 14, township 28 south, range 17 east (partially surveyed); thence westerly along the south line of the north half of sections 14 and 15 to the southwest corner of the north half of section 15, township 28 south, range 17 east (partially surveyed); thence northerly along the west line of sections 15, 10, and 3 to the northwest corner of section 3, township 28 south, range 17 east (partially surveyed); thence continuing northerly along the west line of sections 34, 27, 22, and 15 to the northwest corner of the south half of section 15, township 27 south, range 17 east (partially surveyed); thence easterly along the north line of the south half of sections 15 and 14 to the northeast corner of the south half of section 14, township 27 south, range 17 east (partially surveyed); thence northerly along the west line of sections 13, 12, and 1, township 27 south, range 17 east (partially surveyed), to the right or west bank of the Green River; thence northerly across the Green River to the point of beginning, containing approximately 257,640 acres. SEC. 2. Within the area described in section 1 hereof or which lies lands. . Acquisition of within the boundaries of the park, the Secretary of the Interior is authorized to acquire lands and interests in lands by such means as he may deem to be in the public interest. The Secretary may accept title to any non-Federal property within the park, including State-owned

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[78 STAT.

school sections and riverbed lands, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the State of Utah, notwithstanding any other provision of law. The properties so exchanged shall be of the same classification, as near as may be, and shall be of approximately equal value, and the Secretary shall take administrative action to complete transfer on any lands in a proper application by the State of Utah on or before the expiration of one hundred twenty days following the date of enactment of this Act: Provided, That the Secretary may accept cash from, or pay cash to, the grantor in such an exchange in order to equalize the values of the properties exchanged. Federal property located within the boundaries of the park may, with the concurrence of the agency having custody thereof, be transferred to the administrative jurisdiction of the Secretary of the Interior, without consideration, for use by him in carrying out the purposes of this Act. Any lands within the boundaries of the park which are subject to Bureau of Reclamation or Federal Power Commission withdrawals are hereby freed and exonerated from any such withdrawal and shall, on the date of enactment of this Act, become a part of the Canyonlands National Park subject to no qualifications except those imposed by this Act. Is^'"^ P""^" SEC. 3. Where any Federal lands included within the Canyonlands leges National Park are legally occupied or utilized on the date of approval of this Act for grazing purposes, pursuant to a lease, permit, or license for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, the Secretary of the Interior shall permit the persons holding such grazing privileges to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter. Access roads. SEC. 4. (a) In order to provide suitable access to the Canyonlands National Park and facilities and services required in the operation and administration of the park, the Secretary may select the location or locations of an entrance road or roads to such park and to points of interest therein from United States Route 160 and State Routes 24 and 95, including necessary entrance and related administrative headquarters sites upon lands located outside the park, and he may select a suitable location or locations outside the park for connections between entrance roads and between roads lying within the Canyonlands National Park. Rights-of-way. ^j^^ -J^Q Carry out the purposes of this section, the Secretary may acquire non-Federal lands or interests in lands by donation, purchase, condemnation, exchange, or such other means as he may deem to be in the public interest: Provided, That lands and interests in lands acquired outside the park as rights-of-way for said entrance roads and connections shall not exceed an average of one hundred twenty-five acres per mile. Rights-of-way and entrance and administrative sites acquired pursuant to this authority shall be administered pursuant to such special regulations as the Secretary may promulgate in furtherance of the purposes of this section. (c) The Secretary may construct, reconstruct, improve, and maintain upon the lands or interests in lands acquired pursuant to this section, or otherwise in Government ownership, an entrance road or roads and connections of parkway standards, including necessary bridges and other structures and utilities as necessary, and funds appropriated for the National Park Service shall be available for these purposes: Provided, That if any portion of such road or roads crosses national forest land the Secretary shall obtain the approval of the Secretary of Agriculture before construction of such portion shall begin.

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(d) The Secretary is hereby authorized to cooperate with the Secretary of Agriculture in the location and extension of a forest development road from State Route 95 and may extend the same from the national forest boundary to the park and points of interest therein in accordance with the applicable provisions of this section. SEC. 5. Subject to the provisions of this Act, the administration, protection, and development of the Canyonlands National Park, as established pursuant to this Act, shall be exercised by the Secretary of the Interior in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 and the following), as amended and supplemented. Approved September 12, 1964.

Forest road.

Administration.

Public Law 88-591 AN ACT

To amend the joint resolution establishing the Battle of New Orleans Sesquicentennial Celebration Commission to authorize an appropriation to enable the Commission to carry out its functions under such joint resolution.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the joint resolution entitled "Joint resolution to establish the Sesquicentennial Commission for the Celebration of the Battle of New Orleans, to authorize the Secretary of the Interior to acquire certain property within Chalmette National Historical Park, and for other purposes", approved October 9, 1962 (76 Stat. 755), is amended— (1) in subsection (a) thereof by striking out the colon and the following: '•''Provided, however, That all expenditures of the Commission shall be made from donated funds only", and (2) by adding the following new subsection at the end thereof: " (d) There are hereby authorized to be appropriated such sums as may be necessary to enable the Commission to carry out its functions under the foregoing provisions of this joint resolution, but in no event shall the sums hereby authorized to be appropriated exceed a total of $25,000." Approved September 12, 1964.

September 12, 1964

[s. 1909]

Battle of New Orleans Sesquicentennial Celebration Commis-

Appropriation.

Public Law 88-592 AN ACT To provide for the sale of the United States Animal Quarantine Station, Clifton, New Jersey, to the city of Clifton to provide for the establishment of a new station and for other purposes.

Be it enacted by the Se'nate and House of Representatives of the United States of America in Congress assembled. That the Secretary of Agriculture, hereinafter called the Secretary, is authorized at such site as he shall select in the New York-New Jersey port and airport area to establish, equip, and maintain a quarantine station for animals and birds imported into the United States; but no commitment shall be made as to the site at which such station shall be established unless at least sixty days prior to the making of such commitment the Secretary of Agriculture shall have advised the chairman of the Committee on Agriculture of the House of Representatives and the chairman of the Committee on Agriculture and Forestry of the Senate in writing of the facts concerning the proposed site.

September 12, 1964 [H. R. 1642]

Animal quarantine station, Clifton, N.J. Relocation.

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Sale of lands, buildings, e t c.

Appropriation.

PUBLIC LAW 88-593-SEPT. 12, 1964

[78 STAT.

SEC. 2. The Secretary is authorized to remove the quarantine functions now being conducted at the United States Animal Quarantine Station, Clifton, New Jersey, to the new station provided for in this Act. SEC. 3. The Secretary is authorized to enter into an agreement with the city of Clifton, New Jersey, providing for the sale of the lands, buildings, facilities, and improvements as determined by the Secretary comprising and known as the United States Animal Quarantine Station, Clifton, New Jersey. The agreement shall require that the city of Clifton pay to the Secretary the appraised value of such property as determined by the Secretary, and that upon the establishment of the new quarantine station provided for in this Act, the quarantine functions performed at the existing station shall be removed to said new station and the Secretary shall then convey to the city of Clifton by quitclaim deed for public purposes all the right, title, and interest of the United States in and to the lands, buildings, facilities, and improvements covered by the contract and comprising and known as the United States Animal Quarantine Station, Clifton, New Jersey: Provided, That the Secretary shall not be required to vacate and surrender the existing station until the new station shall be equipped and ready for operation and the quarantine functions removed to the new station. SEC. 4. If the city of Clifton uses or conveys any part of the land covered by this Act for other than public purposes, all the right, title, and interest in and to the land conveyed under this Act shall revert to and become the property of the United States, which shall have the immediate right of entry thereon. The cost of any survey required in connection with conveyance of the Clifton property covere'd by this Act shall be at the expense of the city of Clifton. SEC. 5. I n carrying out this Act, the Secretary is authorized to acquire land and interests therein, including leasehold interests, construct or alter such buildings and other public improvements on any of such land or interests therein as may be necessary, cooperate with public and private organizations and individuals and remove any property from the existing quarantine station at Clifton, New Jersey. The Secretary is also authorized to acquire by long-term lease necessary improved and unimproved real property and pay therefor on an annual basis. SEC. 6. Proceeds received from the sale of the animal quarantine station at Clifton, New Jersey, shall be available to the Secretary until expended for carrying out this Act. There are authorized to be appropriated such additional funds as may be necessary to carry out this Act. Approved September 12, 1964.

Public Law 88-593 September 12, 1964

[H.R. 12267]

Banks. 64 Stat. 876; 74 Stat. 547.

AN

ACT

rpjj provide for notice of change in control of management of insured banks, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Deposit Insurance Act (12 U.S.C. 1811-1831), as amended, be amended by adding the following new subsection (j) at the end of section 7 thereof:

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•'(j)(1) Whenever a change occurs in the outstanding voting stock of any insured bank which will result in control or in a change in the control of the bank, the president or other chief executive officer of such bank shall promptly report such facts to the appropriate Federal banking agency upon obtaining knowledge of such change. As used in this subsection, the term 'control' means the power to directly or indilectly direct or cause the direction of the management or policies of the bank. A change in ownership of voting stock which would result in direct or indirect ownership by a stockholder or an affiliated group of stockholders of less than 10 percent of the outstanding voting stock shall not be considered a change of control. If there is any doubt as to whether a change in the outstanding voting stock is sufficient to result in control thereof or to effect a change in the control thereof, such doubt shall be resolved in favor of reporting the facts to the appropriate Federal banking agency. "(2) Whenever an insured bank makes a loan or loans, secured, or to be secured, by 25 per centum or more of the outstanding voting stock of an insured bank, the president or other chief executive officer of the lending bank shall promptly report such fact to the appropriate Federal banking agency of the bank whose stock secures the loan or loans upon obtaining knowledge of such loan or loans, except that no report need be made in those cases where the borrower has been the owner of record of the stock for a period of one year or more, or the stock is that of a newly organized bank prior to its opening. "(3) The reports required by paragraphs (1) and (2) of this subsection shall contain the following information to the extent that it is known by the person making the report: (a) the number of shares involved, (b) the names of the sellers (or transferors), (c) the names of the purchasers (or transferees)j (d) the names of the beneficial owners if the shares are registered m another name, (e) the purchase price, (f) the total number of shares owned by the sellers (or transferors), the purchasers (or transferees) and the beneficial owners both immediately before and after the transaction, and in the case of a loan, (g) the name of the borrower, (h) the amount of the loan, and (i) the name of the bank issuing the stock securing the loan and the number of shares securing the loan. In addition to the foregoing, such reports shall contain such other information as may be available to inform the appropriate Federal banking agency of the effect of the transaction upon control of the bank whose stock is involved. " (4) Whenever such a change as described in paragraph (1) of this subsection occurs, each insured bank shall report promptly to the appropriate Federal banking agency any changes or replacement of its chief executive officer or of any director occurring in the next twelvemonth period, including in its report a statement of the past and current business and professional affiliations of the new chief executive officer or directors. "(5) The Comptroller of the Currency shall immediately furnish to the Board of Governors of the Federal Reserve System and to the Federal Deposit Insurance Corporation a copy of any such report required in this subsection and received by him, and the Board of Governors of the Federal Reserve System shall immediately furnish to the Federal Deposit Insurance Corporation a copy of any such report required in this subsection and received by it. " (6) As used in this section, the term 'appropriate Federal banking agency' shall mean (a) the Comptroller of the Currency in the case of a national banking association or a district bank, (b) the Board of Governors of the Federal Reserve System in the case of a State member insured bank (except a district bank), and (c) the Federal Deposit Insurance Corporation in the case of a State nonmember insured bank (except a district bank)." Approved September 12, 1964.

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««Control.»»

Report.

"Appropriate Federal banking agency."

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[78 STAT.

Public Law 88-594 September 12. 1964

• ^^' •^' ^°^' "^^^

JOINT RESOLUTION

Authorizing the Secretary of the Interior to carry out a continuing program to reduce nonbeneflcial consumptive use of water in the Pecos River Basin, in New Mexico and Texas.

Resolved by the Senate and House of Representatives of the United Pecos River States of America in Congress assembled, That in order to prevent B ".'Mex. and Tex. further decreascs in the supply of water in the Pecos River Basin, Water supply. and in order to increase and protect such water supply for municipal, industrial, irrigation, and recreational uses, and for the conservation of fish and wildlife, and to provide protection for the farmlands in such basin from the hazards of floods, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized and directed to take such measures as he deems necessary and appropriate to carry out a continuing program to reduce the nonbenencial consumption of water in the basin, including that by salt cedar and other undesirable phreatophytes. Such program shall be carried out in the Pecos River Basin from its headwaters in New Mexico to the town of Girvin, Texas: Provided, however, That no money shall be appropriated for and no work commenced on the clearing of the floodway authorized by the Act of February 20, 1958 (72 Stat. 17), unless provision shall have been made to replace any Carlsbad Irrigation District terminal storage which mignt be lost by the clearing of said floodway. Conditions. gj-^ 2. As a condition to undertaking the program authorized by the first section of this joint resolution, the Secretary shall require the States of New Mexico and Texas to give such assurances as he deems adequate that such States will acquire such lands, easements, rightsof-way, and other interests in lands as the Secretary considers necessary effectively to carry out such program. SEC. 3. (a) As a further condition to undertaking the program authorized by this joint resolution, the Secretary may, with respect to those beneficiaries in New Mexico and Texas which the Secretary determines to be likely to benefit directly from the results of such program, require such commitments as lie deems appropriate that such ben.eficiaries will repay the United States so much of the reimbursable costs incurred by it in carrying out such program as do not exceed the value of the benefits accruing to such beneficiaries from such program. The Secretary shall not require the repayment of such costs unless he determines that it is feasible (1) to identify the beneficiaries that are directly benefited by the program, and (2) to measure the extent to which each beneficiary is benefited by such p r o - a m. (b) Repayment contracts entered into pursuant to the provisions of this section shall be subject to such terms and conditions as the Secretary may prescribe, except that the amount of the repayment installment and total obligation in the case of any beneficiary shall be fixed by the Secretary in accordance with the ability of such beneficiary to pay, taking into consideration all other financial obligations of such beneficiary. (c) Any costs of the program which the Secretary determines are properly allocable to flood control, fish and wildlife conservation and development, recreation, or restoration of streamflow shall be considered as nonreimbursable costs. (d) I n conducting the program, the Secretary shall take such measures as may be necessary to insure that there will be no interference with regular streamflow, no contamination of water, and the least possible hazard to fish and wildlife resources.

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SEC. 4. Nothing contained in this joint resolution shall be construed to abrogate, amend, modify, or be in conflict with any provisions of the Pecos Kiver compact. SEC. 5. There is hereby authorized to be appropriated not more than $2,500,000 for the initial eradication or suppression of salt cedar and other undesirable phreatophytes on lands within the area to which this joint resolution applies and, in addition thereto, such further sums as may be necessary to maintain continued control over this land to prevent its reinfestation. Approved September 12, 1964.

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63 Stat. 159.

Appropriation.

Public Law 88-595 AN ACT

Septembers, 1964

To amend section 511(h) of the Merchant Marine Act, 1936, as amended, in order to extend the time for commitment of construction reserve funds.

[S. 2995]

Be it enacted by the Senate and House of Representatives of the Vessels. United States of America in Congress assembled, ITiat the proviso at Construction the end of section 511(h) of the Merchant Marine Act, 1936, as rerervVfunds amended, is amended to read as follows: Provided, That until Janu- 77 Stat. 47o. ary 1, 1965, in addition to the extensions hereinbefore permitted, fur^^^^' ther extensions may be granted ending not later than December 31, 1965." SEC. 2. The amendment made by the first section of this Act shall take effect December 31, 1964, or on the date of enactment of this Act, whichever date first occurs. Approved September 12, 1964. Public Law 88-596 AN ACT

For the relief of the State of New Mexico.

Be it enacted by the Sen/ite and House of Representatives of the United States of America in Congress assembled, That the State of New Mexico is relieved of liability to pay to the United States the sum of $46,981.32, representing the amount by which the Department of the Army has determined the State to be liable on account of certain property of the United States which was destroyed, damaged, or lost as a result of a fire which occurred on May 30, 1954, at Clayton^ New Mexico. I n the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for amounts for which liability is relieved by this Act. Approved September 15, 1964.

September 15, 1964

[H. R. 4786] New Mexico. Relief.

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[78 STAT.

Public Law 88-597 September 15, 1964

^^' ^^^^

AN

ACT

To protect the constitutional rights of certain individuals who are mentally ill, to provide for their care, treatment, and hospitalization, and for other purposes.

Be it enacted by the Senate and House of Representatives of the c^umMaHos itai- ^^^'^^^ States of America in Congress assembled, i z a t i o n of the Mentally 111 Act.

SHORT TITLE

1. This Act may be cited as the "District of Columbia Hospitalization of the Mentally 111 Act". SECTION

DEFINITIONS

SEC. 2. As used in this Act— (1) the term "mental illness" means any psychosis or other disease which substantially impairs the mental health of an individual; (2) the term "mentally ill person" means any person who has a mental illness, but shall not include a person committed to a private or public hospital in the District of Columbia by order of the court in a criminal proceeding; (3) The term "physician" means an individual licensed under the laws of the District of Columbia to practice medicine, or an individual who practices medicine in the employment of the Government of the United States or of the District of Columbia; (4) the term "private hospital" means any nongovernmental hospital or institution, or part thereof, in the District of Columbia, equipped and qualified to provide inpatient care and treatment for any individual suflPering from a physical or mental illness; (5) the term "public hospital" means any hospital or institution, or part thereof, in the District of (jolumbia, owned and operated by the Government of the United States or of the District of Columbia, equipped and qualified to provide inpatient care and treatment for any individual suffering from a physical or mental illness; (6) the term "administrator" means an individual in charge of a public or private hospital or his delegate; and (7) the term "chief of service" means the physician charged with overall responsibility for the professional program of care and treatment in the particular administrative unit of the hospital to which the patient has been admitted or such other member of the medical staff as shall be designated by the chief of service. COMMISSION ON M E N T A L H E A L T H

members*'"'"* °^ ^^^' ^' '^^^ United States District Court for the District of Colummm ers. e ^.^^ (hereinafter referred to as the "court") is authorized to appoint a Commission on Mental Health, composed of nine members. One member shall be a member of the bar of such court, who has engaged in active practice of law in the District of Columbia for a period of at least five years prior to his appointment. He shall be the Chairman of the Commission and act as the administrative head of the Commission and its staff. He shall preside at all hearings and direct all of the proceedings before the Commission. He shall devote his entire time to the work of the Commission. Eight members of the Commission shall be physicians who have been practicing medicine in the District of Columbia and who have had not less than five years'

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experience in the diagnosis and treatment of mental illnesses. Each member of the Commission shall hold office for four years, the appointments of physician members to be staggered. The physician members shall serve on a part-time basis and shall be rotated by assignment of the chief judge of the court, so that at any one time the Commission shall consist of the Chairman and two physician members. Physician members of the Commission may practice their profession during their tenure of office, but may not participate in the disposition of the case of any person in which they have rendered professional service or advice. The court shall also appoint an alternate lawyer member who shall have the same qualifications as the lawyer member of the Commission and who shall serve on a part-time basis and act as Chairman in the absence of the permanent Chairman. The salaries of the members of the Commission and its employees shall be fixed in accordance with the provisions of the Classification Act of 1949, as amended. The alternate Chairman shall be paid on a per diem basis at the same rate of compensation as fixed for the permanent Chairman. I t shall be the duty of the Commission on Mental Health to examine alleged mentally ill persons, inquire into their affairs and the affairs of persons who may be legally liable for their support, and to make reports and recommendations to the court. Except as otherwise provided in this Act, the Commission may conduct its examinations and hearings either at the courthouse or elsewhere at its discretion. The court may issue subpenas at the request of the Commission returnable before the Commission, for the appearance of the alleged mentally ill person, witnesses, and persons who may be liable for the support of the mentally ill person. The Commission, or any of the members thereof, shall be competent and compellable witnesses at any trial, hearing, or other proceeding conducted pursuant to this Act and the physician-patient privilege shall not be applicable. VOLUNTARY H O S P I T A L I Z A T I O N

SEC. 4. (a) Any individual may apply to any public or private hospital in the District of Columbia for admission to such hospital as a voluntary patient for the purposes of observation, diagnosis, and care and treatment of a mental illness. Upon the request of any such individual eighteen years of age or over (or in the case of any individual under eighteen years of age, upon a request made by his spouse, parent, or legal guardian), the administrator of a public hospital shall, if an examination by an admitting psychiatrist at such public hospital reveals the need for such hospitalization, and the administrator of a private hospital may, admit any such individual as a voluntary patient to such hospital for observation, diagnosis, and care and treatment of a mental illness in accordance with the provisions of this Act. (b) Any voluntary patient admitted to any hospital pursuant to this section shall, if h© is eighteen years of age or over, be entitled at any time to obtain his release from such hospital by filing a written request with the chief of service. The chief of service shall, within a period of forty-eight hours after the receipt of any such request (unless such period shall expire on a Saturday, Sunday, or legal holiday, then not later than noon of the next succeeding day which is not a Saturday, Sunday, or legal holiday), release the voluntary patient making such request. In the case of any voluntary patient under the age of eighteen years, the chief of service shall release such patient, according to the provisions of this section, upon the written request of his spouse, parent, or legal guardian. The chief of service may release any voluntary patient hospitalized pursuant to this section whenever he determines that such patient has recovered or that his continued hospitalization is no longer beneficial to him or advisable.

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[78 STAT.

H O S P I T A L I Z A T I O N OF N O N P R O T E S T I N G PERSONS

SEC. 5. (a) A friend or relative of an individual believed to be suffering from a mental illness may make application on behalf of that individual to the admitting psychiatrist of any hospital by presenting the individual, together with a referral from a practicing physician. Such individual may be accepted for examination and treatment by any private hospital and shall be accepted for examination and treatment by any public hospital if, in the judgment of the admitting psychiatrist, the need for such is indicated on the basis of the individual's mental condition and such individual signs a statement at the time of such admission stating that he does not object to hospitalization. Such statement shall contain in simple, nontechnical language the fact that the individual is to be hospitalized and a description of the right to release set out in subsection (b) of the section. The admitting psychiatrist ma}^ admit such an individual without referral from a practicing physician if the need for an immediate admission is apparent to the admitting psychiatrist upon preliminary examination. (b) Any person hospitalized under the provisions of subsection (a) of this section shall be immediately released upon his written request unless proceedings for hospitalization under court order pursuant to section 7 have been initiated. EMERGENCY

HOSPITALIZATION

SEC. 6. (a) Any duly accredited officer or agent of the Department of Public Health of the District of Columbia, or any officer authorized to make arrests in the District of Columbia, or the family physician of the individual in question, who has reason to believe that an individual is mentally ill and, because of such illness, is likely to injure himself or others if he is not immediately detained may, without a warrant, take such individual into custody, transport him to a public or private hospital, and make application for his admission thereto for purposes of emergency observation and diagnosis. Such application shall reveal the circumstances under which the individual was taken into custody and the reasons therefor. (b) Subject to the provisions of subsection (c) of this section, the administrator of any private hospital, may, and the administrator of any public hospital shall, admit and detain for purposes of emergency observation and diagnosis any individual with respect to whom such application is made, if such application is accompanied by a certificate of a psychiatrist on duty at such hospital stating that he has examined the individual and is of the opinion that he has symptoms of a mental illness and, as a result thereof, is likely to injure himself or others unless he is immediately hospitalized; not later than twenty-four hours after the admission pursuant to this section of any individual to a hospital, the administrator of such hospital shall serve notice of such admission, by registered mail, to the spouse, parent, or legal guardian of such individual and to the Commission on Mental Health. (c) No individual admitted to any hospital under subsection (b) of this section shall be detained in such hospital for a period in excess of forty-eight hours from the time of his admission (unless such period shall expire on a Saturday, Sunday, or le^al holiday, then not later than noon of the next succeeding day which is not a Saturday, Sunday, or legal holiday) unless the administrator of such hospital has, within such period, filed a written jjetition with the court for an order authorizing the continued hospitalization of such individual for emergency observation and diagnosis for a period not to exceed seven days from the time such order is entered.

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STAT. ]

PUBLIC LAW 88-597-SEPT. 15, 1964

(d) The court shall, within a period of twenty-four hours after the receipt by it of such petition (unless such period shall expire on a Saturday, Sunday, or legal holiday, then not later than noon of the next succeeding day which is not a Saturday, Sunday, or legal holiday) either order the hospitalization of such individual for emergency observation and a diagnosis for a period of not to exceed seven days from the time such order is entered, or order his immediate release. I n making its determination, the court shall consider the written reports of the agent, officer, or physician who made the application under subsection (b) of this section, the certificate of the examining psychiatrist which accompanied it, and any other relevant information. (e) Any individual whose continued hospitalization is ordered under subsection (d) of this section shall be entitled upon his request to a hearing before the court entering such order. Any such hearing so requested shall be held within a period of twenty-four hours after receipt of such request (unless such period shall expire on a Saturday, Sunday, or legal holiday, then not later than noon of the next succeeding day which is not a Saturday, Sunday, or legal holiday). (f) The chief of service of any hospital in which an individual is hospitalized under a court order entered pursuant to subsection (d) of this section shall, within forty-eight hours after such order is entered, have such individual examined by a physician. If the physician, after his examination, certifies that in his opinion the individual is not mentally ill to the extent that he is likely to injure himself or others if not presently detained, the individual shall be immediately released. The chief of service shall, within forty-eight hours after such examination has been completed, send a copy of the results thereof by registered mail to the spouse, parents, attorney, legal guardian, or nearest known adult relative of the individual examined. (g) Any physician or psychiatrist making application or conducting an examination under this Act shall be a competent and compellable witness at any trial hearing or other proceeding conducted pursuant to this Act and the physician-patient privilege shall not be applicable. (h) Notwithstanding any other provision of this section, the administrator of any hospital in which an individual is hospitalized under this section may, if judicial proceedings for his hospitalization have been commenced under section 7 of this Act, detain such individual therein during the course of such proceedings. HOSPITALIZATION UNDER COURT ORDER

SEC. 7. (a) Proceedings for the judicial hospitalization of any individual in the District of Columbia may be commenced by the filing of a petition with the Mental Health Commission by his spouse, parent, or legal guardian, by any physician, duly accredited officer or agent of the Department of Public Health, or by any officer authorized to make arrest in the District of Columbia. Such petition shall be accompanied (1) by a certificate of a physician stating that he has examined the individual and is of the opinion that such individual is mentally ill, and because of such illness is likely to injure himself or others if allowed to remain at liberty, or (2) by a sworn written statement by the petitioner that (A) the petitioner has good reason to believe that such individual is mentally ill and, because of such illness, is likely to injure himself or others if allowed to remain at liberty, and (B) that such individual has refused to submit to examination by a physician. (b) Within three days after the receipt by it of any petition filed under subsection (a) of this section, the Commission shall send a copy of such petition by registered mail to the individual with respect to whom it was filed.

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[78 STAT.

(c) The Commission shall promptly examine any individual alleged to be mentally ill after the filing of a petition provided by subsection (a) of this section and shall thereafter promptly hold a hearing on the issue of his mental illness. Such hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the individual named in such petition. In conducting such hearing, the Commission shall hear testimony of any person whose testimony may be relevant and shall receive all relevant evidence which may be offered. Any individual with respect to whom a hearing is held under this section shall be entitled, in his discretion, to be present at such hearing, to testify, and to present and cross-examine witnesses. The Commission shall also hold a hearing in order to determine liability under the provisions of subsection (g) of this section for the expenses of hospitalization of the alleged mentally ill person, if it is determined that he is mentally ill and should be hospitalized as provided under this Act. Such hearing may be conducted separately from the hearing on the issue of mental illness. If conducted separately, it may be conducted by the Chairman of the Commission alone. (d) The alleged mentally ill person shall be represented by counsel in any proceeding before the Commission or the court, and if he fails or refuses to obtain counsel, the court shall appoint counsel to represent him. Any counsel so appointed shall be awarded compensation by the court for his services in an amount determined by it to be fair and reasonable. Such compensation shall be charged against the estate of the individual for whom such counsel was appointed, or against any unobligated funds of the Commission, as the court in its discretion may direct. The Commission or the court, as the case may be, shall, at the request of any counsel so appointed, grant a recess in such proceeding (but not for more than five days) to give such counsel an opportunity to prepare his case. (e) If the Commission finds, after such hearing, that the individual with respect to whom such hearing was held is not mentally ill or if mentally ill, is not mentally ill to the extent that he is likely to injure himself or others if allowed to remain at liberty, the Commission shall immediately order his release and notify the court of that fact in writing. If the Commission finds, after such hearing, that the individual with respect to whom such hearing was held is mentally ill, and because of such illness is likely to injure himself or others if allowed to remain at liberty, the Commission shall promptly report such fact, in writing, to the United States District Court for the District of Columbia. Such report shall contain the Commission's findings of fact, conclusions of law, and recommendations. Any alleged mentally ill person with respect to whom such report is made shall have the right to demand a jury trial and shall be advised of that right by the Commission orally and in writing. A copy of the report of the Commission shall be served personally on the alleged mentally ill person and his attorney. (f) Upon the receipt by the court of any such report referred to in subsection (e), the court shall promptly set the matter for hearing and shall cause a written notice of the time and place of the final hearing to be served personally upon the individual with respect to whom such report was made and his attorney, together with notice that he has five days following the date on which he is so served within which to demand a jury trial. Any such demand may be made by such individual or by anyone in his behalf. If a jury trial is demanded within such five-day period, it shall be accorded by the court with all reasonable speed. If no timely demand is made for such trial, the court shall determine such individual's mental condition on the basis of the report of the Commission, or on such further evidence in addi-

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 78 STAT. ]

PUBLIC LAW 88-597-SEPT. 15, 1964

tion to such report as the court may require. If the court or jury (as the case may be) finds that such individual is not mentally ill, the court shall dismiss the petition and order his release. If the court or jury (as the case may be) finds that such individual is mentally ill and, because of that illness, is likely to injure himself or others if allowed to remain at liberty, the court may order his hospitalization for an indeterminate period, or order any other alternative course of treatment which the court believes will be in the best interests of such individual or of the public. The Commission, or any member thereof, shall be competent and compellable witnesses at any hearing or jury trial held pursuant to this Act. The jury to be used in any case where a jury trial is demanded under this Act shall be impaneled, upon order of the court, from the jurors in attendance upon other branches of the court, who shall perform such services in addition to and as part of their duties in such court. (g) The father, mother, husband, wife, and adult children of a mentally ill person, if of sufficient ability, and the estate of such mentally ill person, if such estate is sufficient for the purpose, shall pay the cost to the District of Columbia of such mentally ill person's maintenance, including treatment, in any hospital in which such person is hospitalized under this Act. I t shall be the duty of the Commission to examine, under oath, the father, mother, husband, wife, and adult children of any alleged mentally ill person whenever such relatives live within the District of Columbia, and to ascertain the ability of such relatives or estate to maintain or contribute toward the maintenance of such mentally ill person; except that in no case shall such relatives or estate be required to pay more than the actual cost to the District of Columbia of maintenance of such alleged mentally ill person. If any individual hereinabove made liable for the maintenance of a mentally ill person shall fail so to provide or pay for such maintenance, the court shall issue to such individual a citation to show cause why he should not be adjudged to pay a portion or all of the expenses of maintenance of such patient. The citation shall be served at least ten days before the hearing thereon. If, upon such hearing, it shall appear to the court that the mentally ill person has not sufficient estate out of which his maintenance may properly be fully met and that he has relatives of the degree hereinabove referred to who are parties to the proceedings, and who are able to contribute thereto, the court may maJje an order requiring payment by such relative of such sum or sums as it may find they are reasonably able to pay and as may be necessary to provide for the maintenance and treatment of such mentally ill person. Such order shall require the payment of such sums to the District of Columbia treasurer annually, semiannually, quarterly, or monthly as the court may direct. I t shall be the duty of the treasurer to collect such sums due under this section, and to turn the same into the Treasury of the United States to the credit of the District of Columbia. Any such order may be enforced against any property of the mentally ill person or of the individual liable or undertaking to maintain him in the same way as if it were an order for temporary alimony in a divorce case. (h) No petition, application, or certificate authorized under sections r>(a) and 7(a) of this Act may be considered if made by a physician who is related by blood or marriage to the alleged mentally ill person, or who is financially interested in the hospital in which the alleged mentally ill person is to be detained, or, except in the case of physicians employed by the United States or the District of Columbia, who are professionally or officially connected with such hospital. No such petition, application, or certificate of any physician shall be considered unless it is based on personal observation and examination of the

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[78

STAT.

alleged mentally ill person made by such physician not more than seventy-two hours prior to the making of the petition, application, or certificate. Such certificate shall set forth m detail the facts and reasons on which such physician based his opinions and conclusions. PERIODIC EXAMINATION AND RELEASE

SEC. 8. (a) Any patient hospitalized pursuant to a court order obtained under section 7 of this Act, or his attorney, legal guardian, spouse, parent, or other nearest adult relative, shall be entitled, upon the expiration of ninety days following such order and not more frequently than every six months thereafter, to request, in writing, the chief of service of the hospital in which the patient is hospitalized, to have a current examination of his mental condition made by one or more physiciajus. If the request is timely it shall be granted. The patient shall be entitled, at his own expense, to have any dulv qualified phj^sician participate in such examination. In the case oi any such patient who is indigent, the Department of Public Health shall, upon the written request of such patient, assist him in obtaining a duly qualified physician to participate in such examination in the patient's behalf. Any such physician so obtained by such indigent patient shall be compensated for his services out of any unobligated funds of such Department in an amount determined by it to be fair and reasonable. I i the chief of service, after considering the reports of the physicians conducting such examination, determines that the patient is no longer mentally ill to the extent that he is likely to injure himself or others if not hospitalized, the chief of service shall order the immediate release of the patient. However, if the chief of service, after considering such reports, determines that such patient continues to be mentally ill to the extent that he is likely to injure himself or others if not hospitalized, but one or more of the physicians participating in such examination reports that the patient is not mentally ill to such extent, the patient may petition the court for an order directing his release. Such petition shall be accompanied by the reports of the physicians who conducted the examination of the patient. (b) In considering such petition, the court shall consider the testimony of the physicians who participated in the examination of such patient, and the reports of such physicians accompanying the petition. After considering such testimony and reports, the court shall either (1) reject the petition and order the continued hospitalization of the patient, or (2) order the chief of service to immediately release such patient. Any physician participating in such examination shall be a competent and compellable witness at any trial or hearing held pursuant to this Act. (c) The chief of service of a public or private hospital shall as often as practicable, but not less often than every six months, examine or cause to be examined each patient admitted to any such hospital pursuant to section 7 of this Act and if he determines on the basis of such examination that the conditions which justified the involuntary hospitalization of such patient no longer exist, the chief of service shall immediately release such patient. (d) Nothing in this section shall be construed to prohibit any person from exercising any right presently available to him for obtaining release from confinement, including the right to petition for a writ of habeas corpus.

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PUBLIC LAW 88-597-SEPT. 15, 1964

RIGHT TO C O M M U N I C A T I O N

^EXERCISE OF CERTAIN R I G H T S

SEC. 9. (a) Any person hospitalized in a public or private hospital pursuant to this Act shall be entitled (1) to communicate by sealed mail or otherwise with any individual or official a ^ n c y inside or outside the hospital, and (2) to receive uncensored mail from his attorney or personal physician. All other incoming mail or communications may be read before being delivered to the patient, if the chief of service believes such action is necessary for the medical welfare of the patient who is the intended recipient. However, any mail or other communication which is not delivered to the patient for whom it is intended shall be immediately returned to the sender. But nothing in this section shall prevent the administrator from making reasonable rules regarding visitation hours and the use of telephone and telegraph facilities. (b) Any person hospitalized in a public hospital for a mental illness shall, during his hospitalization, be entitled to medical and psychiatric care and treatment. The administrator of each public hospital shall keep records detailing all such care and treatment received by any such person and such records shall be made available, upon that person's written authorization, to his attorney or personal physician. Such records shall be preserved hj the administrator until such person has been discharged from the hospital. (c) No mechanical restraint shall be applied tx) any patient hospitalized in any public or private hospital for a mental illness unless the use of restraint is prescribed by a physician and, if so prescribed, such restraint shall be removed whenever the condition justifying its use no longer exists. Any use of a mechanical restraint, together with the reasons therefor, shall be made a part of the medical record of the patient. (d) No patient hospitalized pursuant to this Act shall, by reason of such hospitalization, be denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, vote, and hold a driver's license, unless such patient has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity. If the chief of service of the public or private hospital in which any such patient is hospitalized is of the opinion that such patient is unable to exercise any of the aforementioned rights, the chief of service shall immediately notify the patient and the patient's attorney, legal guardian, spouse, parents, or other nearest known adult relative, and the United States District Court for the District of Columbia, the Commission on Mental Health, and the Board of Commissioners of the District of Columbia of that fact. (e) Any individual in the District of Columbia who, by reason of a judicial decree ordering his hospitalization entered prior to the date of the enactment of this Act, is considered to be mentally incompetent and is denied the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, vote, or hold a driver's license solely by reason of such decree, shall, upon the expiration of the one-year period immediately following such date of enactment, be deemed to have been restored to legal capacity unless, within such one-year period, affirmative action is commenced to have such individual adjudicated mentally incompetent by a court of competent jurisdiction. (f) Any patient, and the patient's spouse, parents, or other nearest known adult relative, shall receive, upon admission of the patient to the hospital, a written statement outlining in simple, nontechnical language all release procedures provided by this Act, setting out all 31-667 0-65—63

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[78 STAT.

rights accorded to patients hj this Act, and describing procedures provided by law for adjudication of incompetency and appointment of trustees or committees for the hospitalized individual. VETERANS' ADMINISTRATION FACILITIES

SEC. 10. Nothing in this Act shall be construed to require the admission of any individual to any Veterans' Administration or military hospital facility unless such individual is otherwise eligible for care and treatment in such facility. PENALTIES

SEC. 11. (a) Any individual who, (1) without probable cause for believing a person to be mentally ill, causes or conspires with or assists another to cause the hospitalization of any such person under this Act, or (2) causes or conspires with or assists another to cause the denial to any person of any right accorded to him under this Act, shall be punished by a fine not exceeding $5,000 or imprisonment not exceeding three years, or both. (b) Any individual who, without probable cause for believing a person to be mentally ill, executes a petition, application, or certificate pursuant to this Act, b j which such individual secures or attempts to secure the apprehension, hospitalization, detention, or restraint of any such person, or any physician or psychiatrist who knowingly makes any false certificate or application pursuant to this Act as to the mental condition of any person, shall be punished by a fine not exceeding $5,000 or imprisonment not exceeding three years, or both. NONRESIDENT

SEC. 12. If an individual ordered committed to a public hospital by the court pursuant to subsection (f) of section 7 is found by the Commission, subject to a review by the court, not to be a resident of the District of Columbia, and to be a resident of another place, he shall be transferred to the State of his residence if an appropriate institution of that State is willing to accept him. If the person be an indigent, the expense of transferring him, including the traveling expenses of necessary attendants, shall be borne by the District of Columbia. For the purposes of this section, a "resident of the District of Columbia" means an individual who has maintained his principal place of abode in the District of Columbia for more than one year immediately^ prior to the filing of the petition referred to in subsection (a) of section 7 of this Act. WITNESS FEES

SEC. 13. Witnesses subpenaed under the provisions of this Act shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. N O T TO B E CONFINED I N

JAIL

SEC. 14. No person apprehended, detained, or hospitalized under any provision of this Act, shall be confined in jail or m any penal or correctional institution. FORMS

SEC. 15. All applications and certificates for the hospitalization of any individual in the District of Columbia under this Act shall be made on forms approved by the Commission and furnished by it.

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PUBLIC LAW 88-597-SEPT. 15, 1964

953

SURETY

SEC. 16. The court in its discretion may require any petitioner under section 7 of this Act to file an undertaking with surety to be approved by the court in such amount as the court may deem proper, conditioned to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent, as a result of any such action. INDIVIDUALS PREVIOUSLY

HOSPITALIZED

SEC. 17. The provisions of sections 8, 9, 12, 14, 15, and 16 of this Act shall be applicable to any person who, on or after the date of the enactment of this Act, is a patient in a hospital in the District of Columbia by reason of having been declared insane or of unsound mind pursuant to a court order entered in a noncriminal proceeding prior to such date of enactment; except that any request for an examination authorized under section 8 may be made by such person, or his attorney, legal guardian, spouse, parent, or other nearest adult relative, after the expiration of the thirty-day period following the date of the enactment of this Act and not more frequently than every six months thereafter. APPOINTMENT OF CONSERVATORS

SEC. 18. The first section of the Act of October 24, 1951 (65 Stat. 608), is amended by adding after "mental weakness (not amounting to unsoundness of m i n d) " the following: "mental illness (as such term is defined in the District of Columbia Hospitalization of the Mentally 111 Act). "

D.C. Code 21-501.

ACTS REPEALED

SEC. 19. (a) Except as otherwise provided in subsection (b) of this section, the Act entitled "An Act to provide for insanity proceedings in the District of Columbia", approved June 8, 1938 (52 Stat. 625), as amended, and the Act entitled "An Act to provide for insanity proceedings in the District of Columbia", approved August 9, 1939 (53 Stat. 1293), as amended, are repealed. (b) The repeal of the Act of June 8, 1938, and of the Act of August 9, 1939, shall not be construed to affect (1) any action or proceeding brought or existing on the date immediately preceding the date of the enactment of this Act, or (2) any liability incurred by any person for the payment of the costs of maintenance and treatment of an insane or incompetent person hospitalized in the District of Columbia prior to the date of the enactment of this Act, and any such action or proceeding shall be heard and determined and such liability continued in accordance with the provisions of such Acts in the same manner and to the same extent as if they had not been repealed. (c) The Act entitled "An Act to authorize the apprehension and detention of insane persons in the District of Columbia, and providing for their temporary commitment in the Government Hospital for the Insane, and for other purposes", approved April 27, 1904 (33 Stat 316), is hereby repealed. (d) Sections 4849,4856, and 4857 of the Revised Statutes are hereby repealed. (e) Sections 115(b), 115(c), 115(d), and 115(e),of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (31 Stat. 1189), as amended, are hereby repealed. Nothing in this subsection shall be construed to affect any

^'^' ^°'^^ ^ ^"^^^ D. C. C o d e 21-310 to 21-318, 21-320

to 21-325

D.C. Code 21-326, 327, 330.

^D.'ctc'ode 21-319. 332. 333. 2i?303?o°ti-3of ^'

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PUBLIC LAW 88-598-SEPT. 18, 1964

D. C. Code 32414.

62 Stat. 5 4 9. D. C. Code 32401a.

[78 STAT.

action taken prior to the date of the enactment of this Act pursuant to any of the aforementioned subsections repealed by this subsection. (f) The last sentence of section 1 of the Act of February 23, 1905 (33 Stat. 740), as amended (D.C. Code, sec. 21-307), is hereby repealed. (g) The Act of March 3, 1927 (44 Stat. 1383; D.C. Code, sec. 2 1 302), is hereby repealed. (h) Sections 1, 2, and 3 of the Act of June 22, 1948 (62 Stat. 572), as amended (D.C. Code, sec. 32-412-413), are hereby repealed. (i) The two provisos in the fifth paragraph under the heading "Public Welfare" in the District of Columbia Appropriations Act, 1949, are hereby repealed. C O N T I N U A N C E OF COMMISSION ON M E N T A L H E A L T H

SEC. 20. The Commission on Mental Health to which reference is made in section 3 of this Act is the Commission established by the Act of June 8, 1938 (52 Stat. 625), as amended. Nothing contained in any amendment made by this Act shall be construed to affect or impair the existence of the Commission so established, or to alter the pay or the terms of office of the members of such Commission serving as such on the day preceding the date of enactment of this Act. Approved September 15, 1964. Public Law 88-598 September 18, 1964

1^^' ^^^^'i

Crooked River Federal reclamation project, Greg.

Appropriation.

AN

ACT

To amend the Act authorizing the Crooked River Federal reclamation project to provide for the irrigation of additional lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act entitled "An Act to authorize construction by the Secretary of the Interior of the Crooked River Federal reclamation project, Oregon", approved August 6, 1956 (70 Stat. 1058), as amended, is amended by inserting immediately before the period at the end of the first sentence of such section the following: "and the Crooked River project extension, together referred to hereafter as the project. The principal new works for the project extension shall include six pumping plants, canals, and related distribution and drainage facilities". SEC. 2. There are hereby authorized to be appropriated for construction of the new works involved in the Crooked River project extension $1,132,000, plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes and, in addition thereto, such sums as may be required to operate and maintain said extension. SEC. 3. Supplemental power and energy required for irrigation water pumping for the project shall be made available by the Secretary of the Interior from the Federal Columbia River power system at charges determined by him. Approved September 18, 1964.

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PUBLIC LAW 88-599-SEPT. 18, 1964

955

Public Law 88-599 AN ACT

September 18, 1964

To authorize the Secretary of the Interior to construct, operate, and maintain the Whitestone Coulee unit of the Okanogan-Similkameen division, Chief Joseph Dam project, Washington, and for other purposes.

[s. 2447]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of furnishing a new and a supplemental water supply for the irrigation of approximately two thousand five hundred and fifty acres of land in Okanogan County, Washington, for the purpose of undertaking the rehabilitation and betterment of existing works serving a major portion of these lands, and for conservation and development of fish and wildlife resources and improvement of public recreation facilities, the Secretary of the Interior is authorized to construct, operate, and maintain the Whitestone Coulee unit of the OkanoganSimilkameen division of the Chief Joseph Dam project, in accordance with the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatorjr thereof or supplementary thereto). The principal works of the unit shall consist of: facilities to permit enlargement and utilization of Spectacle Lake storage; related canal and conduits, diversion dam^ pumping plants, and distribution systems; and necessary works incidental to the rehabilitation and expansion of the existing irrigation system. SEC. 2. The provisions of section 2 of the Act of July 27, 1954 (68 Stat. 568, 569), shall be applicable to the Whitestone Coulee unit of the Okanogan-Similkameen division of the Chief Joseph Dam project. The term "construction costs" used therein shall include any irrigation operation, maintenance, and replacement costs during the development period which the Secretary finds it proper to fund because they are beyond the ability of the water users to pay during that period. SEC. 3. (a) The Secretary is authorized as a part of the Whitestone Coulee unit to construct, operate, and maintain or otherwise provide for basic public outdoor recreation facilities, to acquire or otherwise to include within the unit area such adjacent lands or interests therein as are necessary for public recreation use, to allocate water and reservoir capacity to recreation, and to provide for public use and enjoyment of unit lands, facilities, and water areas in a manner coordinated with the other unit purposes. The Secretary is authorized to enter into agreements with Federal agencies or State or local public bodies for the operation, maintenance, and additional development of unit lands or facilities, or to dispose of unit lands or facilities to Federal agencies or State or local puolic bodies by lease, transfer, exchange, or conveyance, upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation purposes. The costs of the aforesaid undertakings, including costs of investigation, planning. Federal operation and maintenance, and an appropriate share of the joint costs of the unit, shall be nonreimbursable. Nothing herein shall limit the authority of the Secretary granted by existing provisions of law relating to recreation development of water resources projects or the disposition of public lands for recreational purposes. (b) The costs of means and measures to prevent loss of and damage to fish and wildlife resources shall be considered as project costs and allocated as may be appropriate among the project functions.

Whitestone Coulee unit. Chief Joseph Dam project. Wash. Construction.

43 USC 371 note.

"Construction costs."

Project costs.

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PUBLIC LAW 88-600-SEPT. 18, 1964

Appropriation.

[78 STAT.

Q^^ 4 There RFe hereby authorized to be appropriated for construction of the new works involved in the Whitestone Coulee unit, of the Okanogan-Similkameen division of the Chief Joseph Dam project $5,312,000, plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indices and, in addition thereto, such sums as may be required to operate and maintain said division. Approved September 18, 1964. Public Law 88-600

September 18, 1964 [S. 2370]

Rio Grande can a l i z a t i o n project. Flood and sediment control. Agreements authorized.

Appropriation.

AN ACT Authorizing maintenance of flood and arroyo sediment control dams and related works to facilitate Rio Grande canalization project and authorizing appropriations for that purpose.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of facilitating and implementing operation and maintenance of the international Rio Grande canalization project, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to enter into agreements with the appropriate official or officials of local organizations, as defined in the Watershed Protection and Flood Prevention Act of August 4, 1954 (70 Stat. 1088), as amended (16 U.S.C.A. 1001, et seq.), for the maintenance by said local organizations either directly or indirectly through mutually satisfactory maintenance agreements with others, including the United States, of all those flood and arroyo sediment control dams, together with all related works, hereafter installed or constructed in the Rio Grande watershed between Caballo Dam and E l Paso, Texas, in accordance with said Act, and which are necessary, in the opinion of said Commissioner, to facilitate and implement the operation and maintenance of said project. Such maintenance agreements between the local organization and Hie United States shall provide the extent of contribution by the United States as may be mutually agreed b ^ the two parties, based on the degree of benefits to be derived from said dams and related works, and the contribution by the United States ma^ be either in the form of funds or performance of the actual operation and maintenance. Control gates shall not be installed on any of the dams which, in the opinion of the United States Commissioner, International Boundary and Water Commission, United States and Mexico, are necessary to facilitate and implement the operation and maintenance of the Rio Grande canalization project. Arrangements made between the United States and the local organizations shall be satisfactory to the Secretary of Agriculture for defraying cost of maintaining such work of improvement in accordance with regulations prescribed by said Secretary. There is hereby authorized to be appropriated not in excess of $23,000 per annum for contributions to maintenance authorized by this Act. Approved September 18, 1964.

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 78 STAT.]

PUBLIC LAW 88-602-SEPT. 18, 1964

957

Public Law 88-601 AN ACT

September 18, 1964

To authorize the addition of lands to Morristown National Historical Park. ^^' ^' ^^^^^ in the State of New Jersey, 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 preserve for the benefit and inspiration of the public certain lands historically associated with the winter encampment of General George Washington's Continental Army at Jockey Hollow in 1779 and 1780, and to facilitate the administration and interpretation of the Morristown National Historical Park, the Secretary of the Interior is authorized to procure by purchase, donation, purchase with appropriated funds, or otherwise, not to exceed two hundred and eighty-one acres of land and interests therein which two hundred and eighty-one acres shall include Stark's Brigade campsite and other lands necessary for the proper administration and interpretation of the Morristown National Historical Park. SEC. 2. Lands acquired pursuant to this Act, unless exchanged pursuant to section 1 hereof, shall constitute a part of the Morristown National Historical Park, and be administered in accordance with the laws and regulations applicable to such park. SEC. 3. There are authorized to be appropriated such sums, but not more than $281,000 for acquisition of lands and interests in land, as may be necessary to carry out the purposes of this Act. Approved September 18, 1964.

Morristown National H i s to r i c a l Park, N.J. Additional lands.

Appropriation.

Public Law 88-602 AN ACT

September 18, 1964

Granting the consent of Congress to an amendment to The Breaks Interstate Park compact between the Commonwealths of Virginia and Kentucky.

[H. R. III62]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to an amendment to The Breaks Interstate P a r k compact between the Commonwealths of Virginia and Kentucky, originally consented to by the Act of July 27, 1954 (68 Stat. 571; Public Law 543, Eighty-third Congress), as that amendment was approved (1) by the Commonwealth of Virginia by chapter 292, Acts of Assembly, 1964, approved March 31, 1964, and (2) by the Commonwealth of Kentuckjr by an act of the general assembly approved March 19, 1964 (house bill numbered 413, regular session, 1964, General Assembly, Commonwealth of Kentucky), by which amendment the last sentence of article III of said compact is made to read: "Each Commonwealth agrees that it will authorize the Commission to exercise the right of eminent domain to acquire property located within each Commonwealth required by the Commission to effectuate the purposes of this compact." SEC. 2. The right to alter, amend, or repeal the provisions of this Act is hereby expressly reserved. Approved September 18, 1964.

Breaks Inters t a t e Park comp a c t, VirginiaKentucky, amendment.

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Page:United States Statutes at Large Volume 78.djvu/1000

 958

PUBLIC LAW 88-603-SEPT. 18, 1964

[78 STAT.

Public Law 88-603 September 18, 1964

AN ACT

—[»• R- 6601]— rj,Q authorize the Secretary of Agriculture to sell certain land in Grand Junction, Colorado, and for other purjwses.

Be it enacted by the Senate and House of Representatives of the c^o!"'^"^""""""' United States of America in Congress assembled, That the Secretary Sale of lands. of Agriculture IS authorized to convey by quitclaim deed, for not less than fair market value, all riffht, title, and interest of the United States in and to lots 23 and 24, block 119, in the city of Grand Junction^ Colorado, and the improvements thereon and to apply the proceeds of such sale to the purchase of other land in or near Grand Junction and the construction thereon of similar improvements; but no commitment to apply the proceeds in any manner shall be made unless at least 60 days prior to the making of such commitment the Secretary of Agriculture shall have advised the chairman of the Committee on Agriculture of the House of Representatives and the chairman of the Committee on Agriculture and Forestry of the Senate in writing of the facts concerning the proposed application. Approved September 18, 1964.

Public Law 88-604 September 18, 1964

AN ACT

[H. R. 7096]

fp^j authorize the exchange of certain property at Independence National Historical Park, and for other purposes.

Be it enacted by the Senate and House of Representatives of the tionllHr^to"rca^^" United States of America in Congress assembled, That the Secretary Park, PhUa°rPa. of the Interior is authorized to convey on behalf of the United States Land exchange. ^ Certain tract of land, or any interest therein, being a portion of Independence National Historical P a r k project B, embracing fifteen thousand six hundred and fifty square feet, more or less, and situate on the northeast corner of South Fifth Street and Marshall Court (formerly Manning Street), city of Philadelphia, Pennsylvania, together with the improvements thereon, to the Redevelopment Authority of the City of Philadelphia in exchange for property, or interest therein, owned by the authority of approximately equal value and which the Secretary deems necessary for.use in connection with the Indepe'ndence National Historical Park. Property conveyed by the Secretary pursuant to this Act shall thereupon cease to be a part of the park, and the property acquired in exchange therefor shall thereafter be a part of the park, subject to all the laws and regulations applicable to the park. Approved September 18, 1964.

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Page:United States Statutes at Large Volume 78.djvu/1001

 78

PUBLIC LAW 88-605-SEPT. 19, 1%4

STAT.]

959

Public Law 88-605 AN ACT Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1965, and for other purposes, namely:

September 19, 1964 [H. R. 10809]

L^or^'^nd^'a°[h Education, and welfare Appropri^*'°" ""*' ^ ^^* Department of Labor Appropriation Act, 1965.

TITLE I—DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS SALARIES A N D EXPENSES

For expenses, not otherwise provided for, necessary for the work of the Bureau of Labor Statistics, including advances or reimbursement to State, Federal, and local agencies and their employees for services rendered, $17,925,000. BUREAU OF INTERNATIONAL LABOR AFFAIRS SALARIES AND EXPENSES

For expenses necessary for the conduct of international labor affairs, $856,000. MANPOWER ADMINISTRATION MANPOWER DEVELOPMENT A N D TRAINING ACTIVITIES

For expenses necessary to carry into effect the Manpower Development and Training Act of 1962, as amended (42 U.S.C. 2571-2620), and for the performance of the functions of the Secretary in the fields of automation and manpower, $307,906,000.

76 Stat. 23.

AREA REDEVELOPMENT ACTIVITIES

For expenses necessary to carry into effect sections 16 and 17 of the Area Redevelopment Act (Public Law 87-27), including grants or reimbursements to States, $8,500,000.

75 Stat. 58. 42 USC 2513, 2514.

TRADE ADJUSTMENT ACTIVITHS

For necessary expenses to carry out the functions of the Secretary of Labor under the Trade Expansion Act of 1962, $344,000. BUREAU o r APPRENTICESHIP A N D

76 Stat. 872. 19 USC 1801 note.

TRAINING

For expenses necessary to enable the Secretary to conduct a program of encouraging apprentice training, as authorized by the Acts of March 4, 1913 (5 U.S.C. 611), and August 16, 1937 (29 tj.S.C. 50),, ^7 stat 736; $5,541,000.

6

>

V

/> 50 Stat. 664.

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 960

PUBLIC LAW 88-605-SEPT. 19, 1964

[78 STAT.

L I M I T A T I O N O N SALARIES A N D E X P E N S E S, B U R E A U OF EMPLOYMENT SECURITY

72^stat^\27^3^'

For expenses necessary for the general administration of the employment service and unemployment compensation programs, not more than $13,325,000 may be expended from the employment security administration account in the Unemployment trust fund, of which $1,605,000 shall be for carrying into effect the provisions of title IV (except section 602) of the Servicemen's Readjustment Act of 1944. L I M I T A T I O N O N GRANTS TO STATES FOR UNEMPLOYMENT C O M P E N S A T I O N A N D EMPLOYMENT SERVICE ADMINISTRATION

48 Stat. 113.

For grants in accordance with the provisions of the Act of June 6, 1933^ as amended (29 U.S.C. 49-49n), for carrying into effect section 602 of the Servicemen's Readjustment Act of 1944, for grants to the States as authorized in title III of the Social Security Act, as amended

49 Stat. 626.

(42 U.S.C. 5 0 1 - 5 0 3), i u c l u d l n g, upon the request of any State, the

42 vie U67.' 1371. '

purchase of equipment, and the payment of rental for space made available to such State in lieu of grants for such purpose, and for expenses not otherwise provided for, necessary for carrying out title X V °^ ^^^® ^^^i^^ Security Act, as amended (68 Stat. 1130), $455,076,000 may be expended from the employment security administration account in the Unemployment trust fund, and of which $25,000,000 shall be available only to the extent necessary to meet increased costs of administration resulting from increases in the base salary rate in excess of the rate in the fiscal year 1965 appropriation request, and from changes in a State law or increases in the number of claims filed and claims paid or increased salary cx)sts resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State's basic grant (or the allocation for the District of Columbia) was based, which increased costs of administration cannot be provided for by normal budgetary adjustments: Provided, That any portion of the funds granted to a State in the current fiscal year and not obligated by the State in that year shall be returned to the Treasury and credited to the account from which derived: Provided further, That such amounts as may be agreed upon by the Department of Labor and the Post Office Department shall be used for the payment, in such manner as said parties may jointly determine, of postage for the transmission of official mail matter in connection with the administration of unemployment compensation systems and employment services by States receiving grants herefrom. Grants to States, next succeeding fiscal year: For making, after May 31 of the current fiscal year, payments to States under title III of the Social Security Act, as amended, and under the Act of June 6, 1933, as amended, for the first quarter of the next succeeding fiscal year, such sums as may be necessary, the obligations incurred and th(», expenditures made thereunder for payments under such title and under such Act of June 6, 1933, to be charged to the appropriation therefor for that fiscal year: Provided, That the payments made pursuant to this paragraph shall not exceed the amount paid to the States for the first quarter of the current fiscal year.

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 78 STAT. ]

PUBLIC LAW 88-605-SEPT. 19, 1964

961

UNEMPLOYMENT C O M P E N S A T I O N FOR FEDERAL E M P L O Y E E S A N D EX-SERVICEMEN

For payments to unemployed Federal employees and ex-servicemen, as authorized by title X V of the Social Security Act, as amended, 268 Stat. 1130; Stat. 1087. $126,000,000. 42 USC 1361Unemployment compensation for Federal employees and ex-service- i37i men, next succeeding fiscal year: For making, after May 31 of the current fiscal year, payments to States, as authorized by title X V of the Social Security Act, as amended, such amounts as may be required for payment to unemployed Federal employees and ex-servicemen for the first quarter of the next succeeding fiscal year, and the obligations and expenditures thereunder shall be charged to the appropriation therefor for that fiscal year: Provided, That the payments made pursuant to this paragraph shall not exceed the amount paid to the States for the first quarter of the current fiscal year. C O M P L I A N C E ACTIVITIES, M E X I C A N F A R M LABOR PROGRAM

For expenses necessary to enable the Department to determine compliance with the provisions of contracts entered into pursuant to the Act of July 12, 1951, as amended, $800,000. SALARIES A N D E X P E N S E S, M E X I C A N F A R M LABOR PROGRAM

For expenses, not otherwise provided for, necessary to carry out the functions of the Department of Labor under the Act of July 12, 1951, as amended (7 U.S.C. 1461-1468), including temporary employment of persons without regard to the civil-service laws, $800,000, or so much thereof as may be available, shall be derived by transfer from the F a r m labor supply revolving fund.

65 s t a t. 119; 75 Stat. 7 6 1.

LABOR-MANAGEMENT RELATIONS LABOR-MANAGEMENT SERVICES ADMINISTRATION

For necessary expenses to carrj?^ out the provisions of the Welfare and Pension Plans Disclosure Act, as amended (72 Stat. 997), the ^J^ "^^ ^^^ Labor-Management Reporting and Disclosure Act of 1959 (73 Stat. note. 29 519), expenses of commissions and boards to resolve labor-manage- note. u s e 401 ment disputes and other expenses for improving the climate of labormanagement relations, $7,502,000. BUREAU OF V E T E R A N S '

REEMPLOYMENT

RIGHTS

For expenses necessary to render assistance in connection with the exercise of reemployment rights under section 8 of the Selective Training and Service Act of 1940, as amended (50 U.S.C. App. 308), 54 Stat. 89o. the Service Extension Act of 1941, as amended (50 U.S.C. App. 351), ss Stat. 626. the Army Reserve and Retired Personnel Service Law of 1940, as amended (50 U.S.C. App. 401), and section 9 of the Universal Mili- ^^ ^*^*- ^^s. tary Training and Service Act (50 U.S.C. App. 459), and the Reserve ^^ Stat. 6i4; Forces Act of 1955 (69 Stat. 598), $791,000. ^^ ^'^*" ^^^'

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Page:United States Statutes at Large Volume 78.djvu/1004

 962

PUBLIC LAW 88-605-SEPT. 19, 1964

[78 STAT.

WAGE AND LABOR STANDARDS BUREAU o r

63 Stat. 865. 33 USC 941.

LABOR

STANDARDS

For expenses necessary for the promotion of industrial safety, employment stabilization, and amicaole industrial relations for labor and industry; performance of safety functions of the Secretary under the Federal Employees' Compensation Act, as amended (5 U.S.C. 784(c)) and the Longshoremen's and Harbor Workers' Compensation ^(jt^ ^ amended (72 Stat. 835); and not less than $309,300 for the work of the President's Committee on Employment of the Handicapped, as authorized by the Act of July 11, 1949 (63 Stat. 409); $3,516,000: Prcyvided^ That no part of the appropriation for the President's Committee shall be suDJect to reduction or transfer to any other department or agency under the provisions of any existing law; including purchase of reports and of material for informational exhibits. WOMEN'S BUREAU

41 Stat. 987.

For expenses necessary for the work of the Women's Bureau, as authoHzed by the Act of June 5, 1920 (29 U.S.C. 11-16), including purchase of reports and material for informational exhibits, $772,000. WAGE A N D H O U R

52 Stat. 1060. 49 Stat. 2036.

DIVISION

For expenses necessary for performing the duties imposed by the YdJiT Labor Standards Act of 1938, as amended, and the Act to provide conditions for the purchase of supplies and the making of contracts by the United States, approved June 30, 1936, as amended (41 U.S.C. 35-45), including reimbursements to State, Federal, and local agencies and their employees for inspection services rendered, $20,378,000. EMPLOYEES' COMPENSATION SALARIES AND EXPENSES, BUREAU OF EMPLOYEES' COMPENSATION

44 Stat. 1444.

For necessary administrative expenses and not to exceed $113,600 for the Employees' Compensation Appeals Board, $4,368,000, together with not to exceed $60,000 to be derived from the fund created by vsection 44 of the Longshoremen's and Harbor Workers' Compensation ^ ^ t, as amended (33 U.S.C. 944). EMPLOYEES'

60 Stat. 696.

fulc*75?n;te 48 Stat. 3 5 1.

COMPENSATION

CLAIMS AND

EXPENSES

For the payment of compensation and other benefits and expenses (except administrative expenses) authorized by law and accruing during the current or any prior fiscal year, including payments to other Federal agencies for medical and hospital services pursuant to agreement approved by the Bureau of Employees' Compensation; continuation of payment of benefits as provided for under the head "Civilian W a r Benefits" in the Federal Security Agency Appropria^JQJ^ ^(J^^ ]^94Y. ^j^g advancement of costs for enforcement of recoveries in third-party cases; the furnishing of medical and hospital services and supplies, treatment, and funeral and burial expenses, including transportation and other expenses incidental to such services, treatment, and burial, for such enrollees of the Civilian Conservation Corps as were certified by the Director of such Corps as receiving hospital services and treatment at Government expense on June 30, 1943, and who are not otherwise entitled thereto as civilian employees of the United States, and the limitations and authority of the Act of Septembep 7, 1916, as amended (5 U.S.C. 796), shall apply in providing

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Page:United States Statutes at Large Volume 78.djvu/1005

 78 STAT. ]

PUBLIC LAW 88-605-SEPT. 19, 1964

such services, treatment, and expenses in such cases and for payments pursuant to sections 4(c) and 5(f) of the W a r Claims Act of 1948 (50 U.S.C. App. 2012); $52,650,000, together with such amount as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to March 31 of the year: Provided, That, in the adjudication of claims under section 42 of the said Act of 1916, for benefits payable from this appropriation, authority under section 32 of the Act to make rules and regulations shall be construed to include the nature and extent of the proofs and evidence required to establish the right to such benefits without regard to the date of the injury or death for which claim is made.

963

62 Stat. 1242. 50 USC app. 2003, 2004. 5 USC 793. 5 USC 783.

OFFICE OF THE SOLICITOR SALARIES AND EXPENSES

For expenses necessary for the Office of the Solicitor, $4,857,000, together with not to exceed $132,000 to be derived from the Employment Security Administration account. Unemployment Trust Fund. OFFICE OF THE SECRETARY SALARIES AND EXPENSES

For expenses necessary for the Office of the Secretary of Labor, $3,198,000, together with not to exceed $139,000 to be derived from the Employment Security Administration account. Unemployment Trust Fund. This title may be cited as the "Department of Labor Appropriation Act, 1965".

eUation of title.

TITLE II — DEPARTMENT OF H E A L T H, E D U C A T I O N, A N D He'llthTEducaUon. WELFARE FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses not otherwise provided for, of the Food and Drug Administration, including reporting and illustrating the results of investigations; purchase of chemicals, apparatus, and scientific equipment; payment in advance for special tests and analyses and adverse reaction reporting by contract; payment of fees, travel, and per diem in connection with studies of new developments pertinent to food and drug enforcement operations; compensation of informers; payment for publication of technical and informational materials in professional and trade journals; and rental of special purpose space m the District of Columbia or elsewhere; $39,200,000. BUILDINGS AND FACILITIES

For construction, alteration, and equipment, of facilities, including acquisition of sites, and planning, architectural, and engineering services, $10,875,000, to remain available until expended.

and Welfare Approl priation Act, 1965.

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Page:United States Statutes at Large Volume 78.djvu/1006

 964

PUBLIC LAW 88-605-SEPT. 19, 1964

[78 STAT.

OFFICE OF E D U C A T I O N E X P A N S I O N AND IMPROVEMENT OF VOCATIONAL

2J5s?'35note

EDUCATION

For carrying out the provisions of titles I and II of the Vocational Education Act of 1946, as amended (20 U.S.C. 15i-15m, 15o-15q, 15aa-15jj, Public Law 88-210), section 1 of the Act of March 3, 1931 (20 U.S.C. 30), the Act of MaTch 18, 1950 (20 U.S.C. 31-33), section 9 of the Act of August 1, 1956 (20 U.S.C. 34), section 2 of the Act of September 25, 1962 (48 U.S.C. 1667), and the Vocational Education ^^^ ^^ ^^^^' ^^^^^^^^fi^^i of which $5,000,000 shall be for allotment for practical nurse training under such title II of the Vocational Education Act of 1946, $180,000 for vocational education in the fishery trades and industry including distributive occupations therein, and $5,000,000 for carrying out section 13 of the Vocational Education Act of 1963, and $118,500,000 for carrying out other provisions of that Act. HIGHER EDUCATION FACILITIES CONSTRUCTION

For grants, loans, and payments under the Higher Education Facil2ouscVoin'ote ^^ ® ^^^ ^^ ^^^''^' $^63,150,000, to be immediately available, of which ^® not to exceed $230,000,000 shall be for grants for construction of academic facilities under title I; $60,000^000 shall be for grants for construction of graduate academic facilities under title II; and $169,250,000 shall be for loans for construction of academic facilities under title III. GRANTS FOR PUBLIC LIBRARIES

Ante%T\u^'

For grants to the States, pursuant to the Act of June 19, 1956, as amended (20 U.S.C. 351-358; Public Law 88-269), $55,000,000, of which $25,000,000 shall be for grants for public library services under title I of such Act, and $30,000,000 shall be for grants for public library construction under title II of such Act. FURTHER ENDOWMENT OF COLLEGES OF AGRICULTURE AND THE M E C H A N I C ARTS

74 Stat. 525.

For carrying out the provisions of section 22 of the Act of June 29, 1935, as amended (7 U.S.C. 329), $11,950,000. P A Y M E N T S TO SCHOOL DISTRICTS

For payments to local educational agencies for the maintenance and operation of schools as authorized by the Act of September 30, 64 Stat. 1100. 1950, as amended (20 U.S.C. ch. 13), $332,000,000: Provided, That 20 USC 236-245. ^j^^^ appropriation shall also be available for carrying out the provi67 Stat. 535. sions of section 6 of such Act. ASSISTANCE FOR SCHOOL CONSTRUCTION

For an additional amount for providing school facilities and for grants to local educational agencies in federally affected areas, as authorized by the Act of September 23, 1950, as amended (20 U.S.C. 72 Stat. 548. (,\^ iQ^ ^ iucluding uot to exceed $820,000 for necessary expenses during 63 -645. ^j^^ current fiscal year of technical services rendered by other agencies, $58,400,000, to be immediately available, and to remain available until expended: Providedy That no part of this appropriation shall be available for salaries or other direct expenses of the Department of Health, Education, and Welfare: Provided further.^ That applications filed on or before June 30, 1964, shall receive priority over applications filed after such date.

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Page:United States Statutes at Large Volume 78.djvu/1007

 78 STAT. ]

PUBLIC LAW 88-605-SEPT. 19, 1964 D E F E N S E EDUCATIONAL

965

ACTIVITIES

For grants, loans, and payments under the National Defense Education Act of 1958 (72 Stat. 1580-1605), $287,853,000, of which $136,000,000 shall be for capital contributions to student loan funds and loans for non-Federal capital contributions to student loan funds, of which not to exceed $1,000,000 shall be for such loans for nonFederal capital contributions, $66,600,000 shall be for grants to States and loans to nonprofit private schools for science, mathematics, or modern language equipment and minor remodeling of facilities and for grants to States for supervisory and other services: Provided, That allotments under sections 302(a) and 305 for acquisition of equipment and minor remodeling shall be made on the basis of $61,600,000 for grants to States and shall be made on the basis of $8,400,000 for loans to private, nonprofit schools, and allotments under section 302(b) for supervisory and other services shall be made on the basis of $5,000,000; $15,000,000 shall be for grants to States for area vocational education programs; and $17,500,000 shall be for grants to States for testing, guidance, and counseling: Provided, That no part of this appropriation shall be available for the purchase of science, mathematics, and modern language teaching equipment, or equipment suitable for use for teaching in such fields of education, which can be identified as originating in or having been exported from a Communist country, unless such equipment is unavailable from any other source: Provided further, That no part of this appropriation shall be available for graduate fellowships awarded initially under the provisions of the Act after the date of enactment of the Department of Health, Education, and Welfare Appropriation Act, 1962, which are not found by the Commissioner of Education to be consistent with the purpose of the Act as stated in section 101 thereof. Loans and payments under the National Defense Education Act, next succeeding fiscal year: For making, after March 31 of the current fiscal year, loans and payments under title II of the National Defense Education Act, for the first quarter of the next succeeding fiscal year such sums as may be necessary, the obligations incurred and the expenditures made thereunder to be charged to the appropriation for the same purpose for that fiscal year: Provided, That the payments made pursuant to this paragraph shall not exceed the amount paid for the same purposes for the first quarter of the current fiscal year.

20use4oinote.

20 USC 442,

^^ ^*^*- ^^'^' 20 USC 401.

20 USC 421-

EDUCATIONAL IMPROVEMENT FOR THE HANDICAPPED

For grants for training and research and demonstrations with respect to handicapped children pursuant to the Act of September 6, 1958, as amended (20 U.S.C. 611-617), and section 302 of the Mental Ketardation Facilities and Community Mental Health Centers Con struction Act of 1963 (Public Law 88-164), $16,500,000.

^^ Stat. 1777. 77 Stat. 255. 20 USC 618.

COOPERATIVE RESEARCH

For cooperative research, surveys, and demonstrations in education as authorized by the Act of July 26, 1954 (20 U.S.C. 331-332), $15,840,000.

es Stat. 533.

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