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Page:United States Statutes at Large Volume 81.djvu/543

 81

STAT.]

PUBLIC LAW 90-155-NOV. 28, 1967

509

Public Law 90-153 AN ACT

November 24, 1967

To authorize the dispos>al of bismuth from the national stockpile and the supplemental stockpile.

[H. R. 5788]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Aclministrator of General Services is hereby authorized to dispose of, by negotiation or otherwise, approximately one million two hundred thousand pounds of bismuth now held in the national stockpile established pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-98h) and the supplemental stockpile established pursuant to section 104(b) of the Agricultural Trade Development and Assistance Act of 1954, 68 Stat. 456, as amended. Such disposition may be made without regard to the provisions of section 3 of the Strategic and Critical Materials Stock Piling Act: Provided, That the time and method of disposition shall be fixed with due regard to the protection of the United States against avoidable loss and the protection of producers, processors, and consumers against avoidable disruption of their usual markets. Approved November 24, 1967.

bismuth. 1^?°^^.

6o Stat. see. ^ use 1704.

Public Law 90-154. AN A P T rt.i> r^K^ i

November 24, 1967

To make certain technical amendments to the Library Services and Construction Act.

[H. R. 13048]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Section 303 of ^/^n^""^ services the Library Services and Construction Act (20 U.S.C. o55e-2) is Act, amendment^. amended by striking out ''June 30. 1967-' and inserting in lieu thereof so Stat. 314. "June 30, 1968'", and by inserting before the period at the end thereof the following: ",except that the Federal share for the Trust Territory of the Pacific Islands shall be 100 per centum". SEC. 2. Section 403 of such Act is amended by striking out ''June 30, 20 USC 355f-2. 1967" and inserting in lieu thereof "June 30, 1968". SEC. 3. Paragraph (5) of section 404(a) of such Act is amended by ^o use 355f-3. inserting "second" immediately before "preceding". SE)C. 4. Section 413 of such Act is amended by striking out "June 30, 2° "^^ 355f-6. 1967," and inserting "June 30, 1968,". SEC. 5. Paragraph (2) of section 414(a) of such Act is amended by ^° "^^ 355f-7. striking out "State plans for". SEC. 6. Subsection (d) of section 504 of such Act is amended by ^ ^g^tat^^si^^' inserting "acquisition," immediately before "expansion". ^°2o*use lis. SEC. 7. The amendments made by the first section and section 3 of Effective date. this Act shall be effective with respect to fiscal years beginning after June 30, 1967. Approved November 24, 1967.

Public Law 90-155 AN ACT

November 28, 1967

For the relief of the cicy of Pawtucket, Rhode Island.

[H. R. 3799]

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

•*

'

Pawtucket, Rhode Island.

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 510

PUBLIC LAW 90-156-NOV. 28, 1967

[81 STAT.

tary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the city of Pawtucket, Rhode Island, the sum of $5,313.45 in full settlement of all its claims against the United States for the Federal share of the cost of a civil defense rescue truck, acquired by such city. Timely application for such Federal share was not made by reason of an administrative error. SEC. 2. No part of the amount appropriated in the first section of this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved November 28, 1967.

Public Law 90-156 November 28, 1967

AN ACT

[H. R. 25 19]

rp^j amend sections 334, 355, 367, and 369 of the Bankruptcy Act.

Bankruptcy. 77 Stat. 330. 11 USC 755a.

Be it enacted by the Senate and House of Representatives of the UTuted States of America in Congress assonhled^ That section 334 of the Bankruptcy Act (11 U.S.C. 734) is amended to read as follows: ' ' SEC. 334. Not less than twenty-five nor more than forty days after the petition is filed the court shall hold a first meeting of creditors." g^,^ g. Section 355 of the Bankruptcy Act (11 U.S.C. 755) is amended to read as follows: "SEC. 355. Creditors, including the United States, any State, and any subdivision thereof, shall file their proofs of claim before confirmation except as follows: "(1) if scheduled by the debtor, a claim may be filed within thirty days after the date of mailing notice of confirmation to creditors but shall not be allowed for an amount in excess of that set forth in the debtor's schedules; and "(2) a claim arising from the rejection of an executory contract of the debtor may be filed within such time as the court may direct." SEC. 3. Paragraph (3) of section 367 of the Bankruptcy Act (11 U.S.C. 767(3)) is amended to read as follows: "(3) the consideration deposited, if any, shall be distributed and the rights provided by the arrangement shall inure to the creditors affected by the arrangement, including the United States, any State, and any subdivision thereof, whose claims are filed within the time prescribed by section 355 of this chapter and are allowed; and*' SEC. 4. Section 369 of the Bankruptcy Act (11 U.S.C. 769) is amended to read as follows: "'SEC, 369. The court shall in any event retain jurisdiction until the final allowance or disallowance of all claims affected by the arrangement which have been filed within the limitations as to time and amount prescribed by section 355 but have not been allowed or disallowed prior to confirmation." Approved November 28, 1967.

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


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Page:United States Statutes at Large Volume 81.djvu/545

 81 STAT.]

PUBLIC LAW 90-157-NOV. 28, 1967

511

Public Law 90-157 AN ACT November 28, 1967 T(» amend sections 04a, 238, 378, and 483 of the Bankrniitcy Act and to repeal [H. R. 2517] sections 354 and 4.")}) of the Act.

Be It enaxted by the Senate and IIou.se of Repr'-senfatives of the United States of America in Congress assembled, That section 64a of the Bankruptcy Act (11 U.S.C. 104(a)) is amended to read as follows:

Bankruptcy. 52 Stat. 874;

" SEC. 64. DEBTS W H I C H HAVE PKIORITY.—a. The debts to have pri- 'VrSitfof'^'"

ority, in advance of the payment of dividends to creditors, and to be debts. paid in full out of bankrupt estates, and the order of payment, shall be (1) the costs and expenses of administration, includin^^ the actual Expenses and and necessary costs and expenses of preserving the estate subsequent traTion^. ^'^"''"*^' to filing the petition; the fees for the referees' salary and expense fund; the filing fees paid by creditors in involuntary cases or by persons other than the bankrupts in voluntary cases; where property of the bankrupt, transferred or concealed by him either before or after the filing of the petition, is recovered for the benefit of the estate of the bankrupt by the efforts and at the cost and expense of one or more creditors, the reasonable costs and expenses of such recovery; the trustee's expenses in opposing the bankrupt's discharge or in connection with the criminal prosecution of an offense pvmishable under chapter 9 of title 18 of the United States Code, or an offense ^s USI^'IM^ISS concerning the business or property of the l)ankrupt punishable under other laws, P'ederal or State; the fees and mileage payable to witnesses as now or hereafter provided by the laws of the United States, and one reasonable attorney's fee, for the professional services actually rendered, irrespective of the number of attorneys employed, to the bankrupt in voluntary and involuntary cases, and to the petitioning creditors in involuntary cases, and if the court adjudges the debtor bankrupt over the debtor's objection or pursuant to a voluntary petition filed by the debtor during the pendency of an involuntary proceeding, for the reasonable costs and expenses incurred, or the reasonable disbursements made, by them, including but not limited to compensation of accountants and appraisers employed by them, in such amount as fhe court may allow. Where an order is entered in a proceeding under any chapter of this Act directing that bankruptcy be proceeded vrith, the costs and expenses of administration incurred in the ensuing bankruptcy proceeding, including expenses necessarily incurred by a debtor m possession, receiver, or trustee in preparing the schedule and statement required to be filed by section 288, 378, or 483, shall cf^^'J"^' ^^^' have priority in advance of payment of the unpaid costs and expenses of administration, including the allowances provided for in such chapter, incurred in the superseded proceeding and in the suspended bankruptcy jjroceeding, if any; (2) wages and commissions, not to exceed wages and com$600 to each claimant, which have been earned within three months before the date of the commencement of the proceeding, due to workmen, servants, clerks, or traveling, or city salesmen on salary or commission basis, whole or part time, whether or not selling exclusively for the bankrupt; and for the purposes of this clause, the term 'traveling or city salesman' shall include all such salesmen, whether "Traveling or or not they are independent contractors selling the products or services '^'^ ^ ^^ esman. of the bankrupt on a commission basis, with or without a drawing account or fdrmal contract; (3) where the confirmation of an arrange- certain crediment or Mage earner plan or the bankrupt's discharge has been ^"""^ costs. refused, revoked, or set aside upon the objection and through the efforts and at the cost and expense of one or more creditors, or, where through the efforts and at the cost and expense of one or more creditors, evidence shall have been adduced resulting in the conviction of any 85-622 0-68—35

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Page:United States Statutes at Large Volume 81.djvu/546

 512 62 Stat. 689. 18 USC 151-155. Taxes.

Other debts.

80 Stat. 268. U u s e 107.

Superseding bankruptcy proceeding. 52 Stat. 899. 52 Stat. 885. 11 USC 527.

11 USC 528.

Trustee. 52 Stat. 860. 11 USC 72. Filing of separate debt schedtile.

Tax claims.

11 USC 103. 11 USC 527.

PUBLIC LAW 90-157-NOV. 28, 1967

81 STAT.

person of an offense under chapter 9 of title 18 of the United States Code, the reasonable costs and expenses of such creditors in obtaining such refusal, revocation, or setting aside, or in adducing such evidence; (4) taxes which became legally due and owing by the bankrupt to the United States or to any State or any subdivision thereof which are not released by a discharge in bankruptcy: Provided, however, That no priority over general unsecured claims shall pertain to taxes not included in the foregoing priority: And provided further, That no order shall be made for the payment of a tax assessed against any property of the bankrupt in excess of the value of the interest of the bankrupt estate therein as determined by the court; and (5) debts other than for taxes owing to any person, mcluding the United States, who by the laws of the United States is entitled to priority, and rent owing to a landlord who is entitled to priority by applicable State law or who is entitled to priority by paragraph (2) of subdivision c of section 67 of this Act: Provided, however, That such priority for rent to a landlord shall be restricted to the rent which is legally due and owing for the actual use and occupancy of the premises affected, and which accrued within three months before the date of bankruptcy." SEC. 2. Section 238 of the Bankruptcy Act (11 U.S.C. 638) is amended to read as follows: "SEC. 238. a. Upon the entry of an order directing that bankruptcy be proceeded with— •'(1) where the petition was filed under section 127 of this Act, the bankruptcy proceeding shall be deemed reinstated and shall thereafter be conducted, so far as possible, as if the petition under this chapter had not been filed; or where the petition was filed under section 128 of this Act, the proceeding shall thereafter be conducted so far as possible, in the same manner and with like effect as if an involuntary petition for adjudication had been filed at the time when the petition under this chapter was filed, and a decree of adjudication had been entered at the time when the petition under this chapter was approved; "(2) a trustee shall be elected or appointed pursuant to section 44 of this Act and shall supersede any trustee previously appointed; "(3) a separate schedule listing unpaid obligations incurred after the filing of the petition under this chapter, including the amounts owing, the creditors' names, and their addresses or places of business, and a statement of all contracts, executory in whole or in part, assumed or entered into after the filing of the petition, shall be filed with the court within thirty days after the entry of such order or within such further time as the court may allow; such schedule and statement shall be filed by the debtor for any obligations incurred and contracts assumed or entered into by it while continued in possession and before the qualification of a receiver or trustee, it" any, under this chapter, and if a receiver or trustee has qualified, the schedule and statement shall be filed by such receiver or trustee for any obligations incurred and contracts assumed or entered into by him; and "(4) except as otherwise provided in this section, only claims for taxes due the United States or any State or any subdivision thereof at the time of filing of the original petition under this Act and such claims as are provable under section 63 of this Act shall be allowed; and, as to any such claims not already duly filed, where the petition was filed under section 127 of this Act and an order setting the first date for the first meeting of creditors was made before the filing of such petition, the date of mailing of notice to creditors of the entry of the order directing that bank-

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Page:United States Statutes at Large Volume 81.djvu/547

 81 STAT.]

PUBLIC LAW 90-157-NOV. 28, 1967

513

ruptcy be proceeded with sluill, for the purposes of subdivision n Stat. 424. of section 57 of this Act, be deemed to be the first date set for the 66 USC 93. U first meeting of creditors; but if the time for filing claims in a pending bankruptcy proceeding had expired prior to the filing of a petition under this chapter, claims not filed within the time prescribed or as permitted by subdivision n of section 57 of this Act, shall not be allowed in the reinstated bankruptcy proceeding, "b. Any contract which is entered into or assumed by a debtor in Executory conpossession, receiver, or trustee in a proceeding under this chapter and tracts, rejection. which is executory in whole or in part at the time of the entry of an order directing that bankruptcy be proceeded with shall be deemed to be rejected unless expressly assumed within sixty days after the entry of such order or the qualification of the trustee in bankruptcy, whichever is the later, but the court may for cause shown extend or reduce the time. When a contract entered into or assumed in a superseded proceeding is rejected, the resulting liability shall constitute a cost of administration of the superseded proceeding. Filing "c. Upon the filing of the schedule and statement required by sub- claims. of division a of this section, the court shall make an order directing the claims against the debtor in possession, receiver, or trustee, including all claims of the United States, any State, or any subdivision thereof, to be filed, and the holders of such claims to be notified to file their claims within sixty days from the date of the order. The court shall designate the fonn and manner in which the notice shall be given. Notwithstanding the foregoing, claims not duly scheduled as provided in subdivision a of this section and claims arising from rejection of executory contracts under subdivision b of this section may be filed within such further time as the court may direct. Except as otherwise provided in this section, claims against the debtor in possession, receiver, or trustee shall be proved and filed in the manner provided 52 Stat. 866. in section 57 of this Act. U u s e 93. "d. Claims directed to be filed under subdivision c of this section but not filed within the time therein provided shall not be allowed and shall be barred, and the debtor in possession, receiver, or trustee shall be forever discharged from any liabilit}'^ with respect to such claims. When all claims which have been duly allowed have been paid in full, claims directed to be filed but not filed within the time prescribed pursuant to subdivision c and claims not allowable under paragraph (4) of subdivision a of this section because not filed within the time prescribed therein may nevertheless be filed within such time as the court may fix or for cause shown extend and, if duly proved, shall be allowed against any surplus remaining in such case." Superseding SEC. 3. Section 378 of the Bankruptcy Act (11 U.S.C. 778) is amended bankruptcy proceeding. to read as follows: "SEC. 378. a. Upon the entry of an order directing that bankruptcy 52 Stat. 913. be proceeded with— "(1) in the case of a petition filed under section 321 of this Act, 11 USC 721. the bankruptcy proceeding shall be deemed reinstated and thereafter shall be conducted, so far as possible, as if such petition under this chapter had not been filed; "(2) in the case of a petition filed under section 322 of this Act, 11 USC 722. the proceeding shall be conducted, so far as possible, in the same manner and with like effect as if a voluntary petition for adjudication in bankruptcy had been filed and a decree of adjudication had been entered on the day when the petition under this chapter was filed; and the trustee nominated by creditors under this chapter shall be appointed by the court, or, if not so nominated or if the trustee so nominated fails to qualify within five days after notice to him of the entry of such order, a trustee shall be appointed by the court;

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Page:United States Statutes at Large Volume 81.djvu/548

 514

PUBLIC LAW 90-157-NOV. 28, 1967

Filing of separate debt schedule.

Tax claims.

5 2 Stat. 8 7 3.

11 USC

103.

11 USC 721.

66 Stat. 424. 11 USC 93.

Executory contracts, rejection.

Filing of claims

52 Stat. 866. 11 USC 93.

[81 STAT.

"(3) a separate schedule listing unpaid obiio-ations incurred after the filing of the petition under this chapter, including the amounts owing, the creditors' names, and their addresses or places of business, and a statement of all contracts, executory in whole or in part, assumed or entered into after the filing of the petition, shall be filed with the court within thirty days after the entry of such order or within such further time as the court may allow; such schedule and statement shall be filed by the debtor for any dbligations incurred and contracts assumed or entered into by him while continued in possession and before the qualification of a receiver, if any, under this Act, and if a receiver has qualified or a trustee has been continued in possession, the schedule and statement shall be filed by such receiver or trustee for any obligations incurred and contracts assumed or entered into by him; and "(4) except as otherwise provided in this section, only claims for taxes due the United States or any State or any subdivision thereof at the time of the filing of the original petition under this Act and such claims as are provable under section 63 of this Act shall be allowed; and, as to any such claims not already duly filed, where the petition was filed under section 321 of this Act and an order setting the first date for the first meeting of creditors was made before the filing of such petition, the date of mailing of notice to creditors of the entry of the order directing that bankruptcy be proceeded with shall, for the purposes of subdivision n of section 57 of this Act, be deemed to be the first date set for the first meeting of creditors; but if the time for filing claims in a pending bankruptcy proceeding had expired prior to the filing of a petition under this chapter,, claims not filed within the time prescribed or as permitted by subdivision n of section 57 of this Act . shall not be allowed in the reinstated bankruptcy proceeding, "b. Any contract which is entered into or assumed by a debtor in possession, receiver, or trustee in a proceeding under this chapter and which is executory in whole or in part at the time of the entry of an order directing that bankruptcy be proceeded with shall be deemed to be rejected unless expressly assumed within sixty days after the entry of such order or the qualification of the trustee in bankruptcy, whichever is the lat^r, but the court may for cause shown extend or reduce the time. When a contract entered into or assumed in a superseded proceeding is rejected, the resulting liability shall constitute a cost of administration of the superseded proceeding. "c. Upon the filing of the schedule and statement required by subdivision a of this section, the court shall make an order directing the claims against the debtor in possession, receiver, or trustee, including all claims of the United States, any State, or any subdivision thereof, to be filed, and the holders of such claims to be notified to file their claims within sixty days from the date of the order. The court shall designate the form and manner in which the notice shall be given. Notwithstanding the foregoing, claims not duly scheduled as provided in subdivision a of this section and claims arising from rejection of executory contracts under subdivision b of this section may be filed within such further time as the court may direct. Except as otherwise provided in this section, claims against the debtor in possession, receiver, or trustee shall be proved and filed in the manner provided in section 57 of this Act. "d. Claims directed to be filed under subdivision c of this section but not filed within the time therein provided shall not be allowed and shall be barred, and the debtor in possession, receiver, or trustee shall be forever discharged from any liability with respect to such claims. When all claims which have been duly allowed have been paid in full,

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 81 STAT.]

PUBLIC LAW 90-157-NOV. 28, 1967

515

claims directed to be filed but not filed witliin the time prescribed piirsiiiint to subdivision c and claims not allowable under paragraph (4) of subdivision a of this section because not filed within the time prescribed therein may nevertheless be filed within such time as the court may fix or for cause shown extend and, if duly proved, shall be allowed against any surplus remaining in such case.'* Superseding SEC. 4. Section 483 of the Bankruptcy Act (11 U.S.C. 883) is bankruptcy proamended to read as follows: ceeding. "SEC. 483, a. Upon the entry of an order directing that bankruptcy 52 Stat. 925. be proceeded with— " (1) in the case of a petition filed under section 421 of this Act, 11 USC 8 2 1. the bankruptcy proceeding shall be deemed reinstated and thereafter shall be conducted, so far as possible, as if such petition under this chapter had not been filed; "(2) in the case of a petition filed under section 422 of this Act, 11 USC 822. the proceeding shall thereafter be conducted, so far as possible, in the same manner and wath like effect as if a voluntary petition for adjudication had been filed and a decree of adjudication had been entered on the day when such original petition under this chapter was filed; F ing sjepa"(3) a separate schedule listing unpaid obligations incurred ratei ldebt ofschedafter the filing of the petition under this chapter, including the Jie amounts owing, the creditors' names, and their addresses or places of business, and a statement of all contracts, executory in whole or in part, assumed or entered into after the filing of the petition, shall be filed with the court within thirty days after the entry of such order or within such further time as the court may allow: such schedule and statement shall be filed by the debtor for any obligations incurred and contracts assumed or entered into by him while continued in possession and before the qualification of a trustee, if any, under this chapter, and if a trustee has qualified, the schedule and statement shall be filed by such trustee for any obligations incurred and contracts assumed or entered into by him; and "(4) except as otherwise provided in this section, only claims T a x c l a i m s. for taxes due the United States or any State or any subdivision thereof at the time of the filing of the original petition under this 873. Act and such claims as are provable under section 63 of this Act 52 Stat. 103. 11 USC shall be allowed, and claims not already filed may be filed in accordance with the provisions of subdivision n of section 57 of 66 Stat. 424. this Act. 11 USC 9 3. "b. Any contract which is entered into or assumed by a debtor in Executory conpossession or trustee in a proceeding under this chapter and which is t r a c t s, rejection. executory in whole or in part at the time of the entry of an order directing that bankruptcy be proceeded with shall be deemed to be rejected unless expressly assumed within sixty days after the entry of such order or the qualification of the trustee in bankruptcy, whiche\er is the later, but the court may for cause shown extend or reduce the time. When a contract entered into or assumed in a superseded proceeding is rejected, the resulting liability shall constitute a cost of administration of the superseded proceeding. Filing "c. Upon the filing of the schedule and statement required by sub- c l a i m s. of division a of this section, the court shall make an order directing the claims against the debtor in possession or trustee, including all claims of the United States, any State, or any subdivision thereof, to be filed, and the holders of such claims to be notified to file their claims within sixty days from the date of the order. The court shall designate the form and manner in which the notice shall be given. Notwithstanding the foregoing, claims not duly scheduled as provided in subdivision a

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Page:United States Statutes at Large Volume 81.djvu/550

 516

52 Stat. 866. 11 USC 9 3.

Repeals. 52 Stat. 910; 66 Stat. 434.

PUBLIC LAW 90-158-NOV. 28, 1%7

[81 STAT.

of this section and claims arising from rejection of execntory contracts under subdivision b of this section may be filed within such further time as the court may direct. Except as otherwise provided in this section, claims against the debtor in possession or trustee shall be proved and filed in the manner provided in section 57 of this Act. "d. Claims directed to be filed under subdivision c of this section but not filed within the time therein provided shall not be allowed and shall be barred, and the debtor in possession or trustee shall be forever discharged from any liability with respect to such claims. When all claims which have been duly allowed have been paid in full, claims directed to be filed but not tiled within the time prescribed pursuant to subdivision c and claims not allowable under paragraph (4) of subdivision a of this section because not filed within the time prescribed therein may nevertheless be filed within such time as the court may fix or for cause shown extend and, if duly proved, shall be allowed against any surplus remaining in such case." SEC. 5. Sections 354 and 459 of the Bankruptcy Act (11 U.S.C. 754 and 859) are hereby repealed. Approved November 28, 1967. Public Law 90-158

November 28, 1967

[H. R. 2518]

Bankruptcy. 5 2 Stat. 908; 72 Stat. 8 2 1. Disbursing agents, designation.

C r e d i to r s ' committee, election. 66 Stat. 432.

AN

ACT

rp^ amend sections 837 and 338 of the Bankruptcy Act and to add new section 339.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assenwled^ That section 337 of the Bankruptcy Act, as amended (11 U.S.C. 737), is amended to read as follows: "SEC. 337. At such meeting, or at any adjournment thereof, the judge or referee shall, after the acceptance of the arrangement— " (1) designate the receiver or trustee, if any, or the debtor or a person specially appointed as disbursing agent to distribute, subject to the control of the court, the consideration, if any, to be deposited by the debtor; and, if a disbursing agent is so appointed, require such person to give bond with a surety to be approved by the court in such amount as the court shall fix, and fix the amount or rate of his compensation, not in excess of the compensation allowable to a receiver serving as a mere custodian under this Act; " (2) fix a time within which the debtor shall deposit, in such place as shall be designated by and subject to the order of the the court, the consideration, if any, to be distributed to the creditors, the money necessary to pay all debts which have priority, unless such priority creditors shall have waived their claims on such deposit, or consented in writing to any provision of the arrangement for otherwise dealing with such claims, and the money necessary to pay the costs and expenses of the proceeding; and "(3) fix a time for the filing of the application to confirm the arrangement and for a hearing on the confirmation thereof or any objections to the confirmation, unless such times have already been named in the notice of the meeting or unless all creditors affected by the arrangement have accepted it." SEC. 2. Section 338 of the Bankruptcy Act, as amended (11 U.S.C. 738), is amended to read as follows:

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 81

STAT.]

PUBLIC LAW 90-160-NOV. 28, 1967

338. At such meeting, the creditors may elect a committee, if none has previously been elected under this Act, and, if a trustee has not previously been elected or appointed, may nominate a trustee who shall thereafter qualify in case it shall become necessary to administer the estate in bankruptcy as provided under this chapter." SEC. 3. That after section 338 of the Bankruptcy Act, as amended (11 U.S.C. 738), a new section is added to read as follows: ''SEC. 339. (1) The functions of a committee elected as provided in section 338 of this chapter may include the following: (a) to examine into the conduct of the debtor's affairs and the causes of his insolvency or inability to pay his debts as they mature; (b) to consider whether the arrangement proposed by the debtor is for the best interests of the creditors and is feasible; (c) to negotiate with the debtor concerning the terms of the proposed arrangement and to advise the creditors of its recommendations with respect thereto; (d) to report to the creditors from time to time concerning the progress of the proceeding; (e) to collect and file with the court acceptances of the arrangement proposed; and (f) to perform such other services as may contribute to the confirmation of the arrangement. "(2) A committee elected as provided in section 338 of this chapter may employ such agents, attorneys, and accountants as may be necessary to assist in the performance of its functions. Expenses of the committee for such assistance, whether incurred before or after the filing of the petition under this chapter, shall be allowed as an expense of administration to the extent deemed reasonable and necessary by the court, provided the arrangement is confirmed. Such expenses incurred by the committee before its election in accordance with section 338 snail not be disallowed because of a change in the committee's composition, provided a majority of the committee when it incurred the expense cx)ntinue as members of the elected committee." Approved November 28, 1967.

517

''SEC.

Functions.

Administrative ^''P^"^®^-

Public Law 90-159 AN ACT November 28, 1967 To aineiul the Act of.June 10, 11>::J8. relating to the participation of the United [H. R. 2834] States in the International Criminal I'olice Orieraniscation.

Be 'it etHicted by the Senate and Hov.'^e of Representatives of th United States of Anier'wa m Congt'e-'i-s a.ssemi>/ed. That the Act o International Criminal PoHce June 10, 1038 (52 Stat. 640; 22 IT.S.C 23a), as amended, is further organization. amended by deleting "$25,000" and inserting in lieu thereof ''$28,500". '^^ Stat. 921. Approved November 28, 1967.

Public Law 90-160 JOINT RESOLUTION

November 28, 1967

Designating February, 1968 as "American History Month". [S. j. Res.. 26] Benolved by the Senate and House of Representatives of the United States of America in Congress assembled, That February, 1968 is tor'Month"" "'^' hereby designated as "American History Month", and the President of the United States is requested and authorized to issue a proclamation inviting the people of the United States to observe such month in schools and other suitable places with appropriate ceremonies and activities. Approved November 28, 1967.

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 PUBLIC LAW 90-161-NOV. 28, 1967

518

[81 STAT.

Public Law 90-161 AN ACT

November 28, 1967 [H. R. 8632]

Bankruptcy. F i l i n g fee. 73 Stat. 259.

60 Stat. 329.

To aiueiul sections 4(k:(l) nud 52U of the Bankruptcy Act so as to reallocate part of the rtlinj; fee from the clerk's earninfis to the Referees' Salary' and Expense Fund.

Be if emu-fed by the Senate and House of llepre-Hentathes of the Utilted Statem of Anierka in Congte>^x. aMenihled., That paragraph c (l) of section U) of the I^ankniptcy Act (11 U.S.C. 68c(1)) is amended by deleting *'$32" and inserting in lieu thereof "$37". SKC. 2. Paragraph a of section 52 of the Bankruptcy Act (11 U.S.C. 80a) is amended by deleting "$8"' and inserting in lieu thereof "$3"'. SKC. 3. This amendatory Act shall take effect on the thirtieth day following the date of its approval. Approved November 28, 1967.

Public Law 90-162 November 28, 1967

[H. J. Res. 936]

Continuing appropriations, 1968. Ante, p. 44 1.

JOINT

RESOLUTION

Making continuing appropriations for the fiscal year 1968, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled^ That the joint resolution of October 5, 1967 (Public Law 90-102) as amended, is hereby further amended by striking out "November 9. 1967" and inserting in lieu thereof "December 2, 1967". Approved November 28, 1967.

Public Law 90-163 November 29, 1967 [ H. R. 169]

Former Lighthouse Service personnel. Widows* b e n e f i t s, cost-of-living increases.

64 Stat. 4 6 5; 72 Stat. 49.

40 Stat. 608.

Ante,

p. 215.

AN ACT

To increase the amount of benefits payable to widows of certain former employees of the Lighthouse Service, and thereafter to provide for cost-of-living increases in benefits payable to such widows and to such former employees. Be it enacted by the Senate and House of Representatives of the Vn'tted States of America, in Vongtens assembled, That, effective on the first day of the month following enactment of this bill, the first section and section 2 of the Act entitled "An Act to provide benefits for widows of certain persons who were retired or are eligible for retirement under section 6 of the Act entitled 'An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes', approved June 20, 1918, as amended", approved August 19, 1950 (33 U.S.C. 771 and 772), are each amended by striking out "$75 per month" and inserting in lieu thereof "$100 per month". S E C 2. Each annuity payable under the Act entitled "An Act to provide benefits for widows of certain persons who were retired or are eligible for retirement under section 6 of the Act entitled 'An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes', approved June 20, 1918, as amended'', approved August 19, 1950 (33 U.S.C. 771-775), and each annuity payable under section 6 of the Act entitled "An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes", approved June 20, 1918 (33 U.S.C. 763), shall be increased by the same percentage, adjusted to the nearest dollar, and on the same effective date, as each increase hereafter allowed under the cost-of-living annuity adjustment provisions of section 8340(b) of title 5, United States Code. Approved November 29, 1967.

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PUBLIC LAW 90-166-NOV. 29, 1967

519

Public Law 90-164 AN ACT

November 29, 1967

To amend the Act of June 20, 1918, relating to the retirement age reiiiilrements of certain personnel of the Coast Guard.

^ ' ' '-^^^

Be it eMdcte.d 'by the Se/nate and TIou-He of Representatives of the fjtilted States of America in Congress assembled, That section 6 of the ^°^^ll. ^Z^'^*' Act entitled "An Act to authorize aids to navigation and for other pe"sonneir'^^ works in the Lighthouse Service, and for other purposes", approved Retirement age. June 20, 1918, as amended (33 U.S.C. 763), is amended by striking ^„'*o,^*«\-^^^o8; out: ""(1) shall have reached the age of sixty years,"' and inserting in 69 Stat. 16(5. lieu thereof: "(1) shall have reached the age of fifty-five years,". SEC. 2. The amendment made by this Act shall take effect on the Effective date. first day of the second month which begins after the date of enactment of this Act. Approved November 29, 1967.

Public Law 90-165 AN

ACT

To provide an increase in the retired pay of certain meinl)ers of the former Lighthouse Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhJed^ That effective on the first day of the first month which begins after the date of enactment of this Act, the annual rate of retired pay of a person retired under section 6 of the Act of June 20, 1918 (33 U.S.C. 763), shall be increased by 11.3 per centum if such person retired prior to January 1, 1966, or by 4.1 per centum if such person retired after December 31, U>6.o, but before January 1, 1967. Approved November 29, 1967.

November 29, 1967

[ • R- i06]

^ ^"e^s^erv-'ce^* personneiir^^^ Retirement pay, """"oUli 608; 79 Stat. 834.

Public Law 90-166 AN ACT

To authorize the Secretary of the Army to convey to the State of Washington certain lands in the counties of Yakima and Kittitas, Washington, in exchange for certain other lands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhJed, That, notwithstanding any other provision of law, the Secretary of the Army, or his designee, is hereby authorized to convey to the State of AVashington, subject to the terms and conditions hereinafter stated, and to such other terms and conditions as the Secretary of the Army, or his designee, shall deem to be in the public interest, all right, title, and interest of the United States in and to certain lands within the Yakima FiringCenter as described in section 3 of this Act as may be required for the routing and construction of Interstate Highway 1-82. S E C 2. In consideration for the conveyance by the United States of the aforesaid lands, the State of Washington shall convey, or provide for the conveyance, to the United States of certain lands described in section 3 of this Act, acceptable to the Secretary of the Army as replacement lands for use in connection with the Yakima Firing Center: Provided, That in order to facilitate the exchange of lands and the construction of Interstate Highway 1-82, and if so requested

November 29, 1967

[S. 2428]

. state of washLar^d conveyance.

landf.^^''^"^"*

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PUBLIC LAW 90-167-NOV. 29, 1967

[81 STAT.

by the State of Wasliin^on, the Secretary of the Army, or his desijjnee, is hereby authorized to acquire by purchase, conderouation, donation, exchange, or otherwise on behalf of the United States part or all of such replacement lands: Provided further, That the State of Washington shall provide in advance funds for payment to landowners and shall reimburse the Secretary of the Army for all other administrative costs and expenditures incident to the acquisition of such lands. SEC. 3. The lands authorized to be exchanged and referred to in sections 1 and 2 of this Act are located in Yakima and Kittitas Counties, Washington, and are as generally depicted on the Land Management maj) on file in the office of the Seattle district engineer. North Pacific Division, Department of the Army, entitled "Proposed Route for Interstate Highway 1-82, Yakima Firing Center, Washington; numbered S E - R E 323.19". The lands to be conveyed by the United States comprise approximately two thousand two hundred acres situated west and northwesterly of the east right-of-way boundary of the proposed highway 1-82; the replacement lands to be acquired by the United States comprise approximately three thousand two hundred acres situated east of the proposed highway and contiguous to other lands of the Yakima Firing Center. The exact descriptions and acreage are to be determined by accurate surveys as mutually agreed upon between the State of Washington and the Secretary of the Army. SEC. 4. The lands so conveyed to or acquired by the United States shall become a part of the Yakima Firing Center and be administered by the Department of the Army. The Secretary of the Army is also authorized to accept from the State of Washington, or any agency or subdivision thereof, such appropriate interests in other lands as may be considered necessary for the protection of the interests of the United States in connection with the exchange. Approved November 29, 1967.

Public Law 90-167 November 29, 1967 [H. R. 3351]

Former Lighthouse Service prof e s s i o n a l personnel. Widows' b e n e fits. 64 Stat. 465.

Effective date.

AN ACT To amend the Act of August 19, 1950, to provide annuity benefits for an additional number of widows of employees of the Lighthouse Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first section of the Act of August 19, 1950, as amended (33 U.S.C. 771), is amended by striking out "(other than a former employee whose position was classified in one of the grades of the professional and scientific service of the Classification Act of 1923, as amended, or a comparable grade of the Classification Act of 1949, or who performed duties of a position comparable to a position so classified after the enactment of law requiring the classification of such positions)". (b) Section 2 of such Act, as amended (33 U.S.C. 772), is amended by striking o u t " (other than an employee whose position was classified in one of the grades of the professional and scientific service of the Classification Act of 1923, as amended, or a comparable grade of the Classification Act of 1949, or who performed duties of a position comparable to a position so classified after the enactment of law" requiring the classification of such positions)". SEC. 2. No payment shall be made by reason of the amendments made by this Act for any period prior to the first day of the first month following the month in which this Act is enacted. Approved November 29, 1967.

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PUBLIC LAW 90-168-DEC. 1, 1%7

52]

Public Law 90-168 ^^

ACT

To amend titles 10, 32, and 37, United States Code, to strengthen the reserve components of the armed forces, and for other purposes.

December 1, 1967

[H.R. 2]

Be H enacted by the Senate and House of Representatives of fJu United States of America in Congress assembled, That this ^.ct ^.^j^®^'^^ j^^"""^^^ may be cited as the "Resen^e Forces Bill of Rights and Vitalization vuai°zati'<fn Act" Act". SEC. 2. Title 10, United States Code, is amended as follows: (1) Section 136(b) is amended by inserting below the first sentence taf ^ofDeflns^e''^" the following: "One of the Assistant Secretaries shall be the xlssistant for Manpower and Secretary of Defense for Manpower and Reserve Affairs. He shall ^ ^g^g^^ Affairs. have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of Defense." (2) Section 136 is amended by adding at the end thereof a new subsection as follows: " (f) Within the Office of the Assistant Secretary of Defense for Manpower and Reserve Affairs there shall be a Deputy Assistant Secretary of Defense for Reserve Affairs who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. Subject to the supervision and control of the Assistant Secretary of Defense for Manpower and Reserve Affairs, the Deputy Assistant Secretary shall be responsible for all matters relating to reserve affairs within the Office of the Assistant Secretary of Defense for Manpower and Reserve Affairs." (3) Section 175(a)(2) is amended to read as follows: ^^nlyZlatT''^^ "(2) the Assistant Secretary of the Army for Manpower and 70A Stat. 9. Reserve Affairs, the Assistant Secretary of the Navy for Manpower and Reserve Affairs, and the Assistant Secretary of the Air Force for Manpower and Reserve Affairs;". (4) Section 175 is amended by striking out subsections (b), (c), (d), and (e), and inserting in lieu thereof the following: " (b) Whenever the Coast Guard is not operating as a service in the Navy, the Secretary of Transportation may designate an officer of the Regular Coast Guard or the Coast Guard Reserve to serve as a voting member of the Board. "(c) The Board, acting through the Assistant Secretary of Defense for Manpower and Reserve Affairs is the principal policy adviser to the Secretary of Defense on matters relating to the reserve components. " (d) This section does not affect the committees on reserve policies prescribed by section 3033, 5251, 5252, or 8033 of this title. 70A°s!'at^'295l' "(e) A member of a committee or board prescribed under a section Post, p. 525.' listed in subsection (d) may, if otherwise eligible, be a member of the Reserve Forces Policy Board. " (f) The Board shall act on those matters referred to it by the Chairman and, in addition, on any matter raised by a member of the Board." (5) Section 262 is amended by striking out "the reserve components" 7OA Stat. to. and inserting "each reserve component" in place thereof. 70A Stat. 11. (6) Section 264 is amended to read as follows: "§264. Reserve affairs: designation of general or flag officer of each military department; personnel and logistic support for reserves; reports to Congress " (a) The Secretary concerned may designate a general or fla^ officer of the armed force under his jurisdiction to be directly responsible for reserve affairs to the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of

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xx pernicious tendency of the paper itself, were the topics on which he principally insisted, and of which, for more than an hour, he tortured his faculties to convince the jury. If he agreed in opinion with Lord Mansfield, his discourse was impertinent, ridiculous, and unreasonable. But, understanding the law as I do, what he said was at least consistent, and to the purpose.

any honest man should still be inclined to leave the construction of libels to the court, I would entreat him to consider what a dreadful complication of hardships he imposes upon his fellow-subject.—In the first place, the prosecution commences by information of an officer of the crown, not by the regular constitutional mode of indictment before a grand jury.—As the fact is usually admitted, or, in general, can easily be proved, the office of the petty jury is nugatory.—The court then judges of the nature and extent of the offence, and determines, ad arbitrium, the quantum of the punishment, from a small fine to a heavy one, to repeated whipping, to pillory, and unlimited imprisonment. Cutting off ears and noses might still be inflicted by a resolute judge; but I will be candid enough to suppose, that penalties, so apparently shocking


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 s^

PUBLIC LAW 90-168-DEC. 1, 1967

Report to cong r e s s i o n a l Committees.

70A Stat. 10.

[81 STAT.

the Marine Corps, or the Commandant of the Coast Guard, as the case may be. This subsection does not affect the functions of the Chief of the National Guard Bureau, the Chief, Office of Army Reserve, or the Chief, Office of Air Force Reserve. " (b) The Secretary concerned is responsible for providing the personnel, equipment, facilities, and other general logistic support necessary to enable units and Reserves in the Ready Reserve of the Reserve components under his jurisdiction to satisfy the training requirements and mobilization readiness requirements for those units and Reserves as recommended by the Secretary concerned and by the Joint Chiefs of Staff and approved by the Secretary of Defense, and as recommended by the Commandant of the Coast Guard and approved by the Secretary of Transportation when the Coast Guard is not operated as a service of the Navy. "(c) The Secretary concerned shall submit a written report to the Committees on Armed Services of the Senate and the House of Representatives each year regarding the extent to which units and Reserves in the Ready Reserve of the Reserve components under his jurisdiction have satisfied the training and mobilization readiness requirements pursuant to subsection (b) of this section for the year with respect to which such report was submitted. Reports under this subsection shall be made on a fiscal year basis and the report for any fiscal year shall be submitted within 60 days after the end of the fiscal year for which it is submitted.*' (7) The section analysis at the beginning of chapter 11 is amended by striking out "2M. Reserve affairs: responsibility for.".

and inserting in lieu thereof "264. Reserve affairs: designation of general or flag officers of each military department; personnel and logistic support for reserves; reports to Congress.". Selected R e serve. 70A Stat. 12; 72 Stat. 1437. 70A Stat. 10. Post,

p. 523.

70A Stat. 610.

70A Stat. 12; 72 Stat. 1437.

(8) Section 268 is amended by inserting the designation " (a) " at the beginning thereof and by adding the following new subsections: " (b) Within the Ready Reserve of each of the Reserve components defined in section 261 of this title, there is a Selected Reserve, consisting of units, and, as designated by the Secretary concerned, of Reserves, trained as prescribed in section 270(a)(1) of this title or section 502(a) of title 32, United States Code, as appropriate. "(c) The organization and unit structure of the Selected Reserve shall be approved— "(1) in the case of the Coast Guard Reserve, by the Secretary of Transportation upon the recommendation of the Commandant of the Coast Guard, and "(2) in the case of all other Reserve components, by the Secretary of Defense based upon recommendations from the military departments as approved by the Joint Chiefs of Staff in accordance with contingency and war plans." (9) Section 269(e)(l) - (6) is amended to read as follows: "(1) he served on active duty (other than for training) in the armed forces for an aggregate of at least five years; or "(2) he served on active duty (other than for training) in the armed forces for an aggregate of less than five years, but satisfactorily participated, as determined by the Secretary concerned, in an accredited training program in the Ready Reserve for a period which, when added to his period of active duty (other than for training), totals at least five years, or such shorter period as the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, may

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PUBLIC LAW 90-168-DEC. 1, 1967

523

prescribe for satisfactory participation in an accredited training program designated by the Secretary concerned." (10) Section 270(a)(1) is amended to read as follows: 72 Stat. i438. "(1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for training of not less than 14 days (exclusive of traveltime) during each year;". (11) Section 511(d) is amended to read as follows: n Stat. 135. " (d) Under regulations to be prescribed by the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a non-prior-service person who is under 26 years of age, who is qualified for induction for active duty in an armed force, and who is not under orders to report for induction into an armed force under the Military Selective Ser\'ice Act of 1967 (50 App. U.S.C. 451-473), except as provided in 62 Stat. 604; section 6(c)(2)(A) (ii) and (iii) of such Act, may be enlisted in the Antl', J.^100. Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve, for a term of six years. Each person enlisted under this subsection shall perform an initial period of active duty for training of not less than four months to commence insofar as practicable within 180 days after the date of that enlistment." (12) The text of section 3013 is amended to read as follows: 72 Stat. 519. "There are an Under Secretary of the Army and four Assistant Secretaries of the Army in the Department of the Army. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Manpower and Reserve Affairs. He shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Army." (13) The first sentence of section 5034(a) is amended by striking out Assistant secre"three" and inserting in lieu thereof "four". foManpowerInd (14) Section 5034(b) is amended by adding at the end thereof the Reserve Affairs. following: "One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Manpower and Reserve Affairs. H e shall have as his principal duty the overall supervision of manpower and reserve component affairs of the Department of the Navy." (15) The text of section 8013 is amended to read as follows: 72 Stat. 520. "There are an Under Secretary of the Air Force and four Assistant Secretaries of the Air Force in the Department of the Air Force. They shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. One of the Assistant Secretaries shall Assistant secrebe the Assistant Secretary of the Air Force for Manpower and Reserve F^orceLr^itn'Affairs. H e shall have as his principal duty the overall supendsion of power and Remanpower and reserve component affairs of the Department of the ^^'"'^^ Affairs. Air Force." (16) Chapter 303 is amended by adding at the end thereof a new 7OA Stat. 157. section 3019 as follows: "§ 3019. Office of Army Reserve: appointment of Chief " (a) There is in the executive part of the Department of the Army an Office of the Army Reserve which is headed by a chief who is the adviser to the Chief of Staff on Army Reserve matters. "(b) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Army Reserve from officers of the Army Reserve not on active duty, or on active duty under section 265 of this title, who— "(1) have had at least 10 years of commissioned sendee in the Army Reserve; " (2) are in grade of brigadier general and above; and "(3) have been recommended by the Secretary of the Army.

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PUBLIC LAW 90-168-DEC. 1, 1967

[81 STAT.

"(c) The Chief of Army Eeserve holds office for four years but may be remoAed for cause at any time. He is eligible to succeed himself. If he holds a lower reserve grade, he shall be appointed in the grade of major general for service in the Army Reserve." (17) The following new item is added to the analysis of chapter 303: "3019. Office of Army Reserve: appointment of Chief."

70A Stat. 161.

70A Stat. 4 8 8.

70A Stat. 11.

(ig) The text of section 3033 is amended to read as follows: " (a) There is in the office of the Secretary of the Army an Army Reserve Forces Policy Committee which shall review and comment upon major policy matters directly affecting the reserve components of the Army, and the Committee's comments on such policy matters shall accompany the final report regarding any such matters submitted to the Chief of Staff and the Assistant Secretary responsible for reserve affairs. "(b) The Committee consists of officers in the grade of colonel or above, as follows: "(1) five members of the Regular Army on duty with the Army General Staff; "(2) five members of the Army National Guard of the United States not on active duty; and " (3) five members of the Army Reserve not on active duty. "(c) The members of the Committee shall select the Chairman from among the members on the Committee not on active duty. " (d) A majority of the members of the Committee shall act whenever matters affecting both the Army National Guard of the United States and Army Reserve are being considered. However, when any matter solely affecting one of the reserve components of the Army is being considered, it shall be acted upon only by the Subcommittee on Army National Guard Policy or the Subcommittee on Army Reserve Policy, as appropriate. "(e) The Subcommittee on Army National Guard Policy consists of the members of the Committee other than the Army Reserve members. "(f) The Subcommittee on Army Reserve Policy consists of the members of the Committee other than the Army National Guard members. " (g) Membership on the Committee is determined by the Secretary of the Army and is for a minimum period of three years. Except in the case of members of the Committee from the Regular Army, the Secretary of the Army, when appointing new members, shall insure that among the officers of each component on the Committee there will at all times be two or more members with more than one year of continuous service on the Committee. " (h) There shall be not less than 10 officers of the Army National Guard of the United States and the Army Reserve on duty with the Army General Staff, one-half of whom shall be from each of those components. These officers shall be considered as additional members of the Army General Staff while on that duty." (19) Chapter 803 is amended by adding at the end thereof a new section 8019 as follows: " (a) There is in the executive part of the Department of the Air Force an Office of Air Force Reserve which is headed by a chief who is the adviser to the Chief of Staff, on Air Force Reserve matters. " (b) The President, by and with the advice and consent of the Senate, shall appoint the Chief of Air Force Reserve from officers of the Air Force Reserve not on active duty, or on active duty under section 265 of this title, who—
 * § 8019. Office of Air Force Reserve: appointment of Chief

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Rh to humanity, would not be hazarded in these times.—In all other criminal prosecutions, the jury decides upon the fact and the crime in one word, and the court pronounces a certain sentence, which is the sentence of the law, not of the judge. If Lord Mansfield's doctrine be received, the jury must either find a verdict of acquittal, contrary to evidence, (which, I can conceive, might be done by very conscientious men, rather than trust a fellow-creature to Lord Mansfield's mercy) or they must leave to the court two offices, never but in this instance united, of finding guilty, and awarding punishment.

, says this honest Lord Chief Justice, "if the paper be not criminal, the defendant, (tho' found guilty by his peers) is in no danger, for he may move the court in arrest of judgment."—True, my good Lord, but who is to determine upon the motion?—Is not the court still to decide, whether judgment shall be entered up or not; and is not the defendant this way as effectually deprived of judgment by his peers, as if he were tried in a court of civil law, or in the chambers of the inquisition? It is you, my Lord, who then try the crime, not the jury.


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"(1) have had at least 10 years of commissioned service in the Air Force; "(2) are in grade of brigadier general and above; and " (3) have been recommended by the Secretary of the Air Force. "(c) The Chief of Air Force Reserve holds office for four years, but may be removed for cause at any time. H e is eligible to succeed himself. If he holds a lower reserve grade, he shall be appointed in the grade of major general for service in the Air Force Reserve." (20) The following new item is added to the analysis of chapter 803: '•8019. Office of Air Force Reserve: appointment of Chief."

(21) The text of section 8033 is amended to read as follows: ' 7OA Stat. 491. " (a) There is in the Office of the Secretary of the Air Force an Air Reserve Forces Policy Committee on Air National Guard and Air Force Reserve Policy which shall review and comment upon major policy matters directly affecting the reserve components of the Air Force and the Committee's comments on such policy matters shall accompany the final report regarding any such matters submitted to the Chief of Staff, and the Assistant Secretary responsible for reserve affairs. " (b) The Committee consists of officers in the grade of colonel or above, as follows: " (1) five members of the Regular Air Force on duty with the Air Staff; "(2) five members of the Air National Guard of the United States not on active duty; " (3) five members of the Air Force Reserve not on active duty. " (c) The members of the Committee shall select the Chairman from among the members on the Committee not on active duty. " (d) A majority of the members of the Committee shall act whenever matters affecting both the Air National Guard of the United States and Air Force Reserve are being considered. However, when any matter solely affecting one of the Air Force Reserve components is being considered, it shall be acted upon only by the Subcommittee on Air National Guard Policy or the Subcommittee on Air Force Reserve Policy, as appropriate. "(e) The Subcommittee on Air National Guard Policy consists of the members of the Committee other than the Air Force Reserve members. "(f) The Subcommittee on Air Force Reserve Policy consists of the members of the Committee other than the Air National Guard members. " (g) Membership on the Air Staff Committee is determined by the Secretary of the Air Force and is for a minimum period of three years. Except in the case of members of the Committee from the Regular Air Force, the Secretary of the Air Force, when appointing new members, shall insure that among the officers of each component on the Committee there will at all times be two or more members with more than one year of continuous service on the Committee. " (h) There shall be not less than 10 officers of the Air National Guard of the United States and the Air Force Reserve on duty with the Air Staff, one-half of whom shall be from each of those components. These officers shall be considered as additional members of the Air Staff while on that duty." (22) Section 8850 is amended by inserting before the period at the ^^ ^*®*- ^''^^• end of the first sentence "and who are not assigned to a unit organized to serve as a unit." SEC. 3. Section 404(a) of title 37, United States Code, is amended '^'•^^^i ^"=^by striking out "and" at the end of clause (2), striking out the period ^"Tstat. 472.

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PUBLIC LAW 90-169-DEC. 1, 1967

70A Stat. 610.

70A Stat. 497. 10 USC 8201-

8230.

Selected Re serve

personnel fzatr^n^b ^c*(!'n'^ gres'r." ^ °" 73 Stat. 322; 79 Stat. 128. " *"""' '^°

Effective date.

[81 STAT.

at the end of clause (3) and inserting in place thereof "; and", and adding the following new clause: "(4) when away from home to perform duty, including duty by a member of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, in his status as a member of the National Guard, for which he is entitled to, or has waived, pay under this title." SEC. 4. The last sentence of section 502(b) of title 32, United States Code, is amended to read as follows: "However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 30 consecuti^-e days." SEC. 5. From December 1, 1967, through June 30, 1969, appointments and promotions may be made without regard to the authorized strength in grade prescribed hj or under chapter 831 of title 10, United States Code, to fill vacancies m units of the A i r National Guard, and in units organized to serve as units in the Air Force Reserve, as follows: (1) Before July 1, 1968, in the A i r National Guard, 250 in the grade of lieutenant colonel and 340 in the grade of major, and in the Air Force Reserve, 270 in the grade of lieutenant colonel and 240 in the grade of major, and (2) Aft^r June 30, 1968, in the Air National Guard, 220 in the grade of lieutenant colonel and 300 in the grade of major, and in the A i r Force Reserve, 125 in the grade of lieutenant colonel and 175 in the grade of major. SEC. 6. Section 412 of Public Law 86-149, as amended, is amended by adding at the end thereof a new subsection as follows: "^^^ Beginning with the fiscal year which begins July 1, 1968, and for each fiscal year thereafter, the Congress shall authorize the persounel Strength of the Selected Reserve of each Reserve component of the Armed Forces; and no funds may be appropriated for any fiscal year beginning on or after such date for the pay and allowances of members of any Reserve component of the Armed Forces unless the personnel strength of the Selected Reserve of such Reserve component for such fiscal year has been authorized by law." SEC. 7. The provisions of this Act shall become effective on the first day of the first calendar month following the date of enactment. Approved December 1, 1967.

Public Law 90-169 December 1, 1967

[.J.

JOINT RESOLUTION

es. 8 ] Kxteudiu^ for one.venr the emergency provisions of the urban mass transportation program.

^9'use 1604

ReM>leed by the Semite and House of Representatives of the United States of America in Congress assembled, That section 5 of the Urban Miiss Transportation Act of 1964 is amended by striking out "November 1, 1967" and inserting in lieu thereof ''November 1, 1968". Approved December 1, 1967.

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PUBLIC LAW 90-170-DEC. 4, 1967

527

Public Law 90-170 AN ACT To amend the public health laws relating to mental r e t a r d a t i o n to extend, expand, and improve them, and for other purposes.

December 4, 1967 [H. R. 6430]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Mental Retarda. be cited as the "Mental Retardation Amendments of 1967". oV^ge?".^" ""^^ ^ GRANTS FOR CONSTRUCTION OF UNIVERSITY-AFFILIATED MENTAL RETARDATION CLINICAL FACILITIES

SEC. 2. (a) The first sentence of section 121 of the Mental Retardation Facilities Construction Act (42 U.S.C. 2661) is amended by strik- 77 Stat. 234. ing out "and $10,000,000 each for the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967" and inserting in lieu thereof "$10,000,000 each for the fiscal year ending June 30, 1966, the fiscal year ending June 30, 1967, and the fiscal year ending June 30, 1968, and $20,000,000 each for the fiscal year ending June 30, 1969, and the fiscal year ending June 30, 1970". (b) Such sentence is further amended by inserting " (which, for purposes of this part, includes other neurological handicapping conditions found by the Secretary to be sufficiently related to mental retardation to warrant inclusion in this part) " after "the mentally retarded" the first time it appears therein, and by inserting "including research incidental or related to any of the foregoing activities," before "there are authorized to be appropriated". (c) Section 125 of such Act (42 U.S.C. 2665) is amended by striking ^7 Stat. 235. out "four", and by striking out "June 30, 1967" and inserting in lieu thereof "June 30, 1970". (d)(1) Section 121 of such Act is amended— (A) by inserting " (a) " immediately after "SEC. 121.", (B) by inserting (in the first sentence thereof) immediately after "construction" the following: "(and the planning for the construction)", (C) by striking out "The" (in the second sentence thereof) and inserting in lieu thereof "Except as provided in subsection (b), the", and (D) by adding after and below such section the following new subsection: "(b)(1) Of the sums appropriated pursuant to subsection (a) for any fiscal year, beginning with the fiscal year ending June 30, 1968, an amount equal to 2 per centum thereof (or such smaller amount as t\\Q Secretary may determine to be appropriate) shall be available to the Secretary for the purpose of making grants to cover not to exceed 75 per centum of the costs of the planning of projects with, respect to the construction of which applications for grants may be made under this part. Not more than $25,000 shall be granted under this subsection with respect to any project. "(2) Planning grants under this subsection shall be made by the Secretary to such applicants and upon such terms and conditions as he shall by regulations prescribe. Payment of grants under this subsection shall be made in advance or by way of reimbursement, as the Secretary may determine. "(3) Whenever, in the succeeding provisions of this part, the term 'grant', 'grants', or 'funds' is employed, such term shall be deemed not to include any grant under this subsection or any of the funds of any such grant." 85-622 0-68—36

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 528

PUBLIC LAV^ 90-170-DEC. 4, 1967

[81 STAT.

GRANTS FOH COXSTHI'CTION OF t ' O M M l N I T V FACILITIKlS F(»K T II K M K N T A I J. Y KKTAKDED

77 Stat. 286.

42 us^c 267^7. 42 USC 2672.

SEC. 3. (a) Section 131 of the Mental Retardation Facilities Construction Act (42 U.S.C. 2671) is amended by strikin<»; out "and $30,00,(M) for the fiscal year ending June 30, 1968" and inserting in lieu thereof "$30,000,000 each for the fiscal year ending June 30, 1968, and the fiscal year ending June 30, 1969, and $50,000,000 for the fiscal year ending June 30, 1970". i^) I^t'ction 137 of such Act is amended by striking out "tVmr", and by striking out "1968" and inserting in lieu thereof "1970''-. (c) Section 132 of such Act is amended by inserting at the end thereof the following new subsection: " (d)(1) At the request of any State, a portion of any allotment or allotments of such State under this part shall be available to pay one-half (or such smaller share as the State may request) of the expenditures found necessary by the Secretary for the proper and efficient administration during such year of the State plan approved under this part; except that not more than 2 per centum of the total of the allotments of such State for a year, or $50,(XX), whichever is less, shall be available for such purpose for such year. Payments of amounts due under this paragraph may be made in advance or by way of reimbursement, and in such installments, as the Secretary may determine. " (2) Any amount paid under paragraph (1) to any State for any fiscal year shall be paid (m condition that there shall be expended from State sources for such year for administration of the State plan approved under this part not less than the total amount expended for such purposes from such sources during the fiscal year ending June 30, 1967." GRANTS FOR S T A F F I N G OF C O I N I M I N I T Y M E N T A L RETARDATU^N F A C I L I T I E S

77 Stat. 282. 42 USC 2661

not;.

""'^^

SEC. 4. The Mental Retardation Facilities Construction Act is further amended (1) by amending the heading thereof to read " TITLE I — F A C I L I T I E S FOR THE M E N T A L L Y R E T A R D E D ", and (2) by adding at the end thereof the following new part: "PART D — G R A N T S FOR THE ( \) S T OF PROP'ESSIONAL AND TECHNICAL PERSONNEL OF COMMUNITY MENTAL RETARDATION FACILITIES "AUTHORIZATION OF GRANTS

"SEC. 141. (a) For the purpose of assisting in the establishment and initial operation of facilities for the mentally retarded providing all or part of a program of comprehensive services for the mentally retarded principally designed to serve the needs of the particular community or communities in or near which the facility is situated, the Secretary may, in accordance w'ith the provisions of this part, make grants to meet, for the temporary periods specified in this section, a portion of the costs (determined pursuant to regulations under section 144) of compensation of professional and technical personnel for the initial operation of new facilities for the mentally retarded or of new services in facilities for the mentally retarded. "(b) Grants for such costs for any facility for the mentally retarded under this part may be made only for the period beginning with the first day of the first month for which such a grant is made and ending with the close of four years and three months after such first day; and such grants with respect to any such facility may not exceed 75 per centum of such costs for the period ending with the close of the fifteenth month following such first day, 60 per centum of such costs

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 81

STAT.]

PUBLIC LAW 90-170-DEC. 4, 1967

529

for the first year thereafter, 45 per centum of such costs for the second year thereafter, and 30 per centum of such costs for the third year thereafter. "(c) I n making such grants, the Secretary shall take into account the relative needs of the several States for services for the mentally retarded, their relative financial needs, and their populations. "APPLICATIONS AND CONDITIONS FOR APPROVAL

"SEC. 142. (a) Grants under this part with respect to any facility for the mentally retarded may be made only upon application, and only if— "(1) the applicant is a public or nonprofit private agency or organization which owns or operates the facility; "(2)(A) a grant was made under part C of this title to assist Jj 5s^c 26^^in financing the construction of the facility or (B) the type of 2677. service to be provided as part of such program with the aid of a grant under this part was not previously being provided by the facility with respect to which such application is made; "(3) the Secretary determines that there is satisfactory assurance that Federal funds made available under this part for any period will be so used as to supplement and, to the extent practical, increase the level of State, local, and other non-Federal funds for mental retardation services that would in the absence of such Federal funds be made available for (or under) the program described in paragraph (2) of this subsection, and will in no event supplant such State, local, and other non-Federal funds; and "(4) in the case of an applicant in a State which has in existence a State plan relating to the provision of services for the mentally retarded, the services to be provided by the facility are consistent with the plan. " (b) No grant may be made under this part after June 30, 1972, with respect to any facility for the mentally retarded or with respect to any type of service provided by such a facility unless a grant with respect thereto was made under this part prior to July 1, 1970. "PAYMENTS

143. Payment of grants under this part may be made (after necessary adjustment on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and on such terms and conditions and in such installments, as the Secretary may determine. "SEC'.

"REGULATIONS

"SEC. 144. The Secretar}- shall jjrescribe general regulations concerning the eligibility of facilities under this part, determination of eligible costs with respect to which grants may be made, and the terms and conditions (including those specified in section 142) for approving applications under this part. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 145. There are authorized to be appropriated $7,000,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, and $14,000,000 for the fiscal year ending June 30, 1970, to enable the Secretary to make initial grants to facilities for the mentally retarded under the provisions of this part. For the fiscal year ending June 30, 1969, and each of the next five years, there are authorized to be appropriated such sums as may be necessary to make

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 530

77 Stat. 288.

PUBLIC LAW 90-170-DEC. 4, 1967

[81 STAT.

grants to such facilities which have previously received a grant under this part and are eligible for such a grant for the year for which sums are being appropriated under this sentence." SEC. 5. Paragraph (7) of section 134 of the Mental Retardation Facilities Construction Act (42 U.S.C. 2674), is amended by inserting before the semicolon at the end thereof "and, effective July 1, 1969, provide for enforcement of such standards with respect to projects approved by the Secretary under this part after June 30, 1967'-. EDUCATION OF H A N D I C A P P E D C H I L D R E N

79 Stat. 430.

77 Stat. 282. 42 USC 2661 note.

SEC. 6. Section 7 of the Act of September 6, 1958 (20 U.S.C. 617), is amended by striking out "and" before "$37,500,000'-, and by inserting ", and $55,000,000 for the fiscal year ending June 30, 1970", after "June 30, 1969". SEC. 7. The Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 is amended by adding at the end thereof the following: "TITLE V—TRAINING OF PHYSICAL EDUCATORS AND RECREATION PERSONNEL FOR MENTALLY RETARDED AND OTHER HANDICAPPED CHILDREN G R A N T S; AUTHORIZATION OF APPROPRIATIONS

72 Stat. 1777; 77 Stat. 294. Appropriation.

"SEC. 501. (a) The Secretary is authorized to make grants to public and other nonprofit institutions of higher learning to assist them in providing professional or advanced training for personnel engaged or preparing to engage in employment as physical educators or recreation personnel for mentally retarded and other handicapped children (as defined in the first section of the Act of September 6, 1958 (20 U.S.C. 611)) or as supervisors of such personnel, or engaged or preparing to engage in research or teaching in fields related to the physical education or recreation of such children. " (b) For the purpose of making the grants authorized under subsection (a), there is authorized to be appropriated for the fiscal year ending June 30, 1968, $1,000,000; for the fiscal year ending June 30, 1969, $2,000,000; and for the fiscal year ending June 30, 1970, $3,000,000. Any sums appropriated for any such fiscal year and not obligated before the end thereof shall remain available for the succeeding fiscal year for the purpose for which appropriated. a RESEARCH AND DEMONSTRATION P R O J E C T S I N P H Y S I C A L EDUCATION A N D RECREATION CHILDREN

Appropriation.

FOR

MENTALLY

RETARDED

AND

(/IHER

HANDICAPPED

ug^,^ gQg. (a)(1) There is authorized to be appropriated for the fiscal year ending June 30, 1968, $1,000,000, and for each of the two succeeding fiscal years, $1,500,000, to enable the Secretary to make grants to States, State or local educational agencies, public and nonprofit private institutions of higher learning, and other public or -nonprofit private educational or research agencies and organizations, for research or demonstration projects relating to physical education or recreation for mentally retarded and other handicapped children (as defined in the first section of the Act of September 6, 1958 (20 U.S.C. 611)). "(2) Grants under paragraph (1) shall be made in installments, in advance or by way of reimbursement, and on such conditions as the Secretary may determine.

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xxii As to the probable effect of the motion in arrest of judgment, I shall only observe, that no reasonable man would be so eager to possess himself of the invidious power of inflicting punishment, if he were not predetermined to make use of it.

 * —we are told that judge and jury have a distinct office;—that the jury is to find the fact, and the judge to deliver the law. De jure respondent judices, de facto jurati. The dictam is true, though not in the sense given to it by Lord Mansfield. The jury are undoubtedly to determine the fact; that is, whether the defendant did, or did not, commit the crime charged against him. The judge pronounces the sentence annexed by law to that fact so found; and if, in the course of the trial, any question of law arises, both the counsel and the jury must, of necessity, appeal to the judge, and leave it to his decision. An exception, or plea in bar, may be allowed by the court; but, when issue is joined, and the jury have received their charge, it is not possible in the nature of things, for them to separate the law from the fact, unless they think proper to return a special verdict.


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 81 STAT.]

PUBLIC LAW 90-171-DEC. 4, 1967

531

" (b) The Secretary shall from time to time appoint panels of experts who are competent to evaluate various types of research or demonstration projects under this section, and shall secure the advice and recommendations of one such panel before making any grant under this section. "ADVISORY COMMITTEE

"SEC. 503. (a)(1) The Secretary shall appoint an advisory committee which shall consist of seven members to advise him on matters of general policy relating to the administration of this title. Three members of such committee shall be individuals from the field of physical education, two members thereof shall be individuals from the field of recreation, and two members thereof shall be individuals with experience or special interest in the education of the mentally retarded or other handicapped children. "(2) The Secretary shall, from time to time, designate one of the members of such committee to serve as the chairman thereof. " (b) Members of the advisory committee and members of any panel appointed pursuant to section 502(b), who are not regular full-time employees of the United States, shall, while serving on the business of such committee or such panel, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including p>er diem in lieu of subsistence, as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently." Approved December 4, 1967.

Compensation, travel expenses.

80 Stat. 499.

Public Law 90-171 AN ACT December 4, 1967 [H.R. 10442] To facilitate exchanges of land nnder the Act of March 20. 1922 (42 Stat. -iS'j), for use for public schools, and for other purposes.

Be it enacted by the Senate and House of Repre-sentofh^es of the United States of America, in Congress assembled. That whenever an exchange of land is proposed by a public school district or other public school authority under the Act of March 20, 1922 (42 Stat. 465), as amended (16 U.S.C. 485, 486), or other authority under which the Secretary of Agriculture is authorized to exchange national forest lands or other lands administered by the Forest Service, if the public school authority proposing the exchange has insufficient land to offer, the exchange may be completed upon deposit with the Secretary of Agriculture of a portion or all of the value of the selected land. Any amount so deposited shall be covered into a special fund in the Treasury which when appropriated shall be available until expended by the Secretary of Agriculture for the acquisition of lands in the same State as the selected lands and which are determined by him to be suitable for the same purposes as the selected lands. Lands so acquired shall have the same status and shall be subject to the same laws, regulations, and rules as the selected lands. The provisions of this Act shall not be applicable to the conveyance in exchange of more than eighty acres to any one public school district, or other public school authority. Approved December 4, 1967.

Public schools. Land exchanges in national forests. 43 Stat. 1090.

Limitation.

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 i532

PUBLIC LAW 90-172-DEC. 4, 1967

[81 STAT.

Public Law 90-172 December 4, 1967 [S. 764]

D.C. motor vehicle title certificates. Oath requirements.

AN ACT

To amend section 6 of the District of Columbia Traffic Act, 1025, as amended, and to amend section 6 of the Act approved July 2, 1940, as amended, to eliminate requirements that applications for motor vehicle title certificates and certain lien information related thereto be submitted under oath.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of subsection (d) of section 6 of the District of Columbia TraiSc Act, 1925, as amended (43 Stat. 1121, 46 Stat. 1425; sec. 40-603(d), D.C. Code), is amended by striking ", under oath,"\ SEC. 2. The first sentence of section 6 of the Act approved July 2, 1940, as amended (54 Stat. 737; sec. 40-706, D.C. Code), is amended by striking "under oath". Approved December 4, 1967.

Public Law 90-173 December 4, 1967 [S. 770]

D.C. public crematorium. Establishment.

AN ACT To amend an Act to provide for the establishment of a public crematorium in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act approved April 20, 1906, as amended (34 Stat. 123; sec. 27-130, D.C. Code), is amended (1) by deleting from the first sentence ", and for the incineration of such other bodies as may be presented for that purpose by the persons having custody thereof"; (2) by striking from the second sentence the comma immediately after "crematorium" and inserting in lieu thereof a period, and striking the remainder of the sentence; and (3) by striking the third sentence. Approved December 4, 1967.

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 81 STAT.

PUBLIC LAW 90-174-DEC. 5, 1967

533

Public Law 90-174 AN ACT To amend the Public Health Service Act to extend and expand the authorizations for grants for comprehensive health planning and services, to broaden and improve the authorization for research and demonstrations relating to the delivery of health services, to improve the performance of clinical laboratories, and to authorize cooperative activities between the Public Health Service hospitals and community facilities, and for other purposes.

Be H enacted by the Senate and House of Representatives of the United States of America In Congress assemhJ-ed, That this Act may be cited as the "Partnership for Health Amendments of 1967". (JRANTS FOR COMrKKHENSlVK

IlKALTH P L A N N I N G. \ X D SERVICES

December 5, 1967 [H. R. (5418]

Partnership for Health Amendments of 1967.

I T B L I C HEALTH

SEC, 2. (a)(1) Subsection (a)(1) of section 814 of the Public Health Service Act (42 U.S.C. 246, as amended by section 8 of the Comprehensive Health Planning and Public Health Services Amendments of 1966, Public Law 89-749) is amended (1) by striking out 1968" the first time it appears and inserting in lieu thereof "1970 and (2) by striking out "and $5,000,(X)0 for the fiscal year ending June 80, 1968" and inserting in lieu thereof "$7,000,000 for the fiscal year ending June 80, 1968, $10,000,000 for the fiscal year ending June 80, 1969, and $15,000,000 for the fiscal year ending June 80, 1970". (2) Subsection (a)(2) of such section is amended by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively, and by inserting after subparagraph (H) the following new paragraph: " (I) effective July 1, 1968, (i) provide for assisting each health care facility in the State to develop a program foicapital expenditures for replacement, modernization, and expansion which is consistent with an overall State plan developed in accordance with criteria established by the Secretary after consultation with the State which will meet the needs of the State for health care facilities, equipment, and services without duplication and otherwise in the most efficient and economical manner, and (ii) provide that the State agency furnishing such assistance will periodically review the program (developed pursuant to clause (i)) of each health care facility in the State and recommend appropriate modification thereof;". (3) The last sentence of subsection (a)(4) of such section is amended by inserting before the period at the end thereof ", except that in the case of the allotments for the fiscal year ending June 80, 1970, it shall not exceed 75 per centum of such cost". (b)(1) Subsection (b) of such section is amended by striking out "1968" the first time it appears and inserting in lieu thereof "1970" and by striking out "and $7,500,000 for the fiscal year ending June 80, 1968", and inserting in lieu thereof "$7,500,000 for the fiscal year ending June 80, 1968, $10,000,000 for the fiscal year ending June 30, 1969, and $15,000,000 for the fiscal j^ear ending June 30, 1970". (2) Such subsection (b) is further amended by inserting immediately after "project grants to any other public or nonprofit private agency or organization" the following: "(but with appropriate representation of the interests of local government where the recipient of the grant is not a local government or combination thereof or an agency of such government or combination)". (c) Subsection (c) of such section is amended by striking out "1968" the first time it appears and inserting in lieu thereof "1970" and by

Health planning grants to States, appropriation. 80 Stat. U 8 1.

State plans, standards.

"Federal share" of expenditures. 80 Stat. 1.183.

Areawide health planning, project grants.

Recipients.

Training, studi e s, etc., program extension.

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Comprehensive public health services, appropriation. 80 Stat. 1184. 42 USC 246.

Allocation of funds.

Health services development grants, appropriation. 80 Stat. 1186. "State."

Public health school grants, appropriation. 80 Stat. 1190.

PUBLIC LAW 90-174-DEC. 5, 1967

[81 STAT.

Striking out "and $2,500,000 for the fiscal year ending June 30, 1968" and inserting in lieu thereof "$2,500,000 for the fiscal year ending June 30, 1968, $5,000,000 for the fiscal year ending June 30, 1969, and $7,500,000 for the fiscal year ending June 30, 1970". (d)(1) Subsection (d)(1) of such section is amended by striking out "$62,500,000 for the fiscal year ending June 30, 1968," and inserting in lieu thereof "$70,000,000 for the fiscal year ending June 30, 1968, $90,000,000 for the fiscal year ending June 30, 1969, and $100,000,000 for the fiscal year ending June 30, 1970,". (2) Effective July 1, 1968, subsection (d)(5) of such section is amended by inserting "the Trust Territory of the Pacific Islands," after "American Samoa,". (3) Subsection (d)(7) of such section is amended by adding at the end thereof the following new sentence: "Effective with respect to allotments under this subsection for fiscal years ending after June 30, 1968, at least 70 per centum of such amount reserved for mental health services and at least 70 per centum of the remainder of a State's allotment under this subsection shall be available only for the provision under the State plan of services in communities of the State." (e) Subsection (e) of such section is amended by striking out "$62,500,000 for the fiscal year ending June 30, 1968," and inserting in lieu thereof "$90,000,000 for the fiscal year ending June 30, 1968, $95,000,000 for the fiscal year ending June 30, 1969,^ and $80,000,000 for the fiscal year ending June 30, 1970,". (f) Effective July 1, 1968, subsection (g)(4)(B) of such section is amended by inserting "the Trust Territory of the Pacific Islands," after "American Samoa,". (g) P^ffective July 1, 1967, subsection (c) of section 309 of such Act (42 U.S.C. 242g(c)), as amended by section 4 of the Comprehensive Health Planning and Public Health Services Amendments of 1966 (Public Law 89-749), is amended by striking out "each" after "$5,000,000" and by inserting after "the fiscal year ending June 30, 1968," the following: "$6,000,000 for the fiscal year ending June 30, 1969, and $7,000,000 for the fiscal year ending June 30, 1970,". RESEARCH AND DEMONSTRATIONS RELATING TO HEALTH FACILITIES AND SERVICES

69 Stat. 382; 70 Stat. 930.

SEC. 3. (a) Section 304 (42 U.S.C. 242b) of the Public Health Service Act is amended to read as follows: " R E S E A R C H AND DEMONSTRATIONS RELATING TO HEALTH FACILITIES AND SERVICES

77 Stat. 282. 42 USC 2661 note.

" S E C 304. (a) The Secretary is authorized— "(1) to make grants to States, political subdivisions, universities, hospitals, and other public or nonprofit private agencies, institutions, or organizations for projects for the conduct or research, experiments, or demonstrations (and related training), and "(2) to make contracts with public or private agencies, institutions, or organizations for the conduct of research, experiments, or demonstrations (and related training), relating to the development, utilization, quality, organization, and financing of services, facilities, and resources of hospitals, facilities for long-term care, or other medical facilities (including, for purposes of this section, facilities for the mentally retarded, as defined in the Mental Ketardation Facilities and Community Mental Health Centers Construction Act of 1963), agencies, institutions, or organizations or to development of new methods or improvement of existing methods

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Rh has also been alleged, that, although a common jury are sufficient to determine a plain matter of fact, they are not qualified to comprehend the meaning, or to judge of the tendency of a seditious libel. In answer to this objection (which, if well founded, would prove nothing as to the strict right of returning a general verdict) I might safely deny the truth of the assertion. Englishmen of that rank from which juries are usually taken, are not so illiterate as, (to serve a particular purpose) they are now represented. Or, admitting the fact, let a special jury be summoned in all cases of difficulty and importance, and the objection is removed. But the truth is, that, if a paper, supposed to be a libel upon government, be so obscurely worded, that twelve common men cannot possibly see the seditious meaning and tendency of it, it is in effect no libel. It cannot inflame the minds of the people, nor alienate their affections from government; for they no more understand what it means, than if it were published in a language unknown to them.

the whole matter, it appears, to my understanding, clear, beyond a doubt, that if,