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 80 STAT. ]

PUBLIC LAW 89-787-NOV. 7, 1966 OFFICE OF

1383

EDUCATION

E X P A N S I O N A N D IMPROVEMENT OF VOCATIONAL

EDUCATION

For carrying out the provisions of titles I, II, and III of the Vocational Education Act of 1^4:6, as amended (20 U.S.C. 15i-15m, 15oloq, 15aa-15jj, 15aaa-15ggg), section 1 of the Act of March 3, 1931, ^o stat^ 775; (20 U.S.C. 30), the Act of March 18, 1950 (20 U.S.C. 31-33), section 72 Stat.' 1598. 9 of the Act of August 1, 1956 (20 U.S.C. 34), section 2 of the Act of 46 stat i489; September 25, 1962 (48 U.S.C. 1667), sections 3 and 9 of the National ^^o s!at 909 Vocational Student Loan Insurance Act of 1965 (74 Stat. 1037, 1041), 76 Stat. sse. and the Vocational Education Act of 1963 (20 U.S.C. 35-35n); HSltglVlh $278,016,000, of which $5,000,000 shall be for practical nurse training 77 Stat. 403. under title II of the Vocational Education Act of 1946, $375,000 shall be for vocational education in the fishery trades and industry including distributive occupations therein under title I of the Vocational Education Act of 1946, $15,000,000 shall be for area vocational education programs under title III of the Vocational Education Act of 1946, $10,000,000 shall be for work-study programs under section 13 of the Vocational Education Act of 1963, $208,225,000 shall be for vocational education programs under section 4 of the Vocational Education Act of 1963, of which $198,225,000 shall be available for grants to States, and not to exceed $10,000,000 shall be available for research and special project activities under said section, $8,000,000 to remain available until expended shall be for area vocational school construction under section 211 of the Appalachian Regional Development Act of 1965, and $1,800,000 for advances for reserve funds and ^^ usca^^' 11 interest payments on insured loans under the National Vocational Student Loan Insurance Act of 1965 of which $775,000 for interest payments shall remain available until expended and $1,025,000 for advances shall remain available until June 30, 1968. H I G H E R EDUCATIONAL ACTIVITIES

For grants, contracts, payments, and advances under titles I, II, IV (except payments under parts C and D), V (except part B) and VI of the Higher Education Act of 1965, and for grants under part C of ^ ^^^^ iooret title I of the Economic Opportunity Act of 1964, as amended, seq. $383,900,000, of which $10,000,000 shall be for grants for college and H Jta^- ^^^^^_ university extension education under title I of the Higher Education 2756 Act of 1965, $3,000,000 shall be for transfer to the Librarian of Congress for t he acquisition and cataloging of library materials under part C of title II of that Act, $114,500,0<)0 shall be for programs under part A of title IV of that Act of which $112,000,000 shall be for educational opportunity grants and shall remain available through June 30, 1968, $43,000,000 shall be for loan insurance programs under part B of title IV of that Act of which $33,000,000 for interest payments shall remain available until expended and $10,000,000 for advances shall remain available until June 30, 1968, $30,000,000 shall be for the program under p a i t C of title V of that Act, $17,000,000 shall be for the purposes of title VI of the Act of which amounts reallotted under part A shall remain available through June 30, 1968, and $134,100,000 shall be for grants for college work-study programs under part C of title I of the Economic Opportunity Act of 1964 of which amounts reallotted shall remain available through June 30, 1968.

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PUBLIC LAW 89-787-NOV. 7, 1966

[80 STAT.

N A T I O N A L T E A C H E R CORPS

20 u?c m i " 1107.

For the National Teacher Corps authorized in part B of title V of ^1^6 Higher Education Act of 1965, $7,500,000 for the purposes of section 514 of said Act: Provided, That none of these funds may be used to pa\^ in excess of 90 per centum of the salary of any teacher in the National Teacher Corps: Provided further, That none of these funds may be spent on behalf of any National Teacher Corps program in any local school system prior to approval of such program by the State educational agency of the State in which the school system is located. S T U D E N T LOAN INSURANCE F U N D

20 USC 1081. 20 USC 992.

For the Student Loan Insurance F u n d created by section 431 of the Higher Education Act of 1965 (79 Stat. 1245) and the Vocational Student Loan Insurance Fund created by section 13(a) of the National Vocational Student Loan Insurance Act of 1965 (79 Stat. 1046), $3,200,000, to remain available until expended: Provided, That said funds shall be merged into one account. F U R THE R ENDOWMENT OF COLLEGES OF AGRICULTURE A N D THE M E C H A N I C ARTS

74 Stat. 525.

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

64 Stat. 1100. 20 USC 236-244.

For payments to local educational agencies for the maintenance and operation of schools as authorized by the Act of September 30, 1950, as amended (20 U.S.C. ch. 13), $416,200,000: Provided, That this appropriation shall also be available for carrying out the provisions of section 6 of such Act: Provided further, That no part of this appropriation shall be available to carry out the provisions of legislation enacted after June 30, 1966. ASSISTANCE FOR SCHOOL CONSTRUCTION

72 Stat. 548. 20 USC 631-645.

For an additional amount for providing school facilities and for grants to local educational agencies in federally affected areas, as authorized by the Act of September 23, 1950, as amended (20 U.S.C. ch. 19), including not to exceed $620,000 for necessary expenses during the current fiscal year of technical services rendered by other agencies, $22,937,000, to remain available until expended: Provided, That no part of this appropriation shall be available for salaries or other direct expenses of the Department of Health, Education, and Welfare: Provided further, That applications filed on or before June 30, 1966, shall receive priority over applications filed after such date. D E F E N S E EDUCATIONAL

2o5sc'4Jfno'te

ACTIVITIES

For grants, loans, and payments under the National Defense Education Act of 1958, as amended (20 U. S. C ch. 17; Public Law 88^^^) ^ $446,357,000, of which $192,000,000 shall be for capital contributions to student loan funds and loans for non-Federal capital contributions to student loan funds under title II, of which not to exceed $2,000,000 shall be for such loans for non-Federal contributions, $88,200,000 shall be for grants to States and loans to nonprofit private schools for equipment and minor remodeling under title III and for grants to States for supervisory and other services under title III: Provided, That allotments under sections 302(a) and 305

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STAT.]

PUBLIC LAW 89-787-NOV. 7, 1966

for equipment and minor remodeling shall be made on the basis of $79,200,000 for grants to States and on the basis of $7,390,909 for loans to private nonprofit schools, and allotments under section 302(b) for supervisory and other services shall be made on the basis of $9,000,000; and $24,500,000 of the amount appropriated herein shall be for grants to States for testing, guidance, and counseling under title V: Provided, That no part of this appropriation shall be available for the purchase of science, mathematics, and modern language teaching equipment, or equipment suitable for use for teaching m such fields of education, which can be identified as originating m or having been exported from a Communist country, unless such equipment is unavailable from any other source: Provided further, That no part of this appropriation shall be available for graduate fellowships awarded initially under the provisions of the Act after the date of enactment of the Department of Health, Education, and Welfare Appropriation Act, ]962j which are not found by the Commissioner of Education to be consistent with the purpose oi the Act as stated in section 101 thereof Loans and payments under the National Defense Education Act, next succeeding fiscal year: For making, after March 31 of the current fiscal year, loans and payments under title II of the National Defense Education Act, for the first quarter of the next succeeding fiscal year such sums as may be necessary, the obligations incurred and the expenditures made thereunder to be charged to the appropriation for the same purpose for that fiscal year: Provided, That the payments made pursuant to this paragraph shall not exceed the amount paid for the same purposes for the first quarter of the current fiscal year.

1385

72 Stat. 1588. 20 USC 442.

20 USC 4 8 1.

75 Stat. 594.

20 USC 40i.

20 USC 421-429

EDUCATIONAL IMPROVEMENT FOR THE H A N D I C A P P E D

For grants for training and research and demonstrations with respect to handicapped children pursuant to the Act of September 6, 1958, as amended (20 TT.S.C. 611-617), and section 302 of the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (Public Law 88-164), as amended (79 Stat. 429), $32,600,000. RESEARCH A N D T R A I N I N G

For research, surveys, training, dissemination of information, and demonstrations in education as authorized by the Act of July 26, 1954 (20 U.S.C. 331-332), as amended by title IV of the Elementary and Secondary Education Act of 1965, $70,000,000, of which not to exceed $12,400,000 shall remain available until expended for construction of regional facilities for research and related purposes under section 4 of such Act.

72 Stat. 1777.

77 Stat. 295. 20 USC 618.

68 Stat. 533. ^^ ^'^'- ^^• 20 USC 332a.

EDUCATIONAL RESEARCH {SPECIAL FOREIGN C U R R E N C Y PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Office of Education, as authorized by law, $1,000,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to such, agency, for payments in the foregoing currencies. FOREIGN LANGUAGE T R A I N I N G A N D AREA STUDIES

For payments to carry out the provisions of section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 (75 Stat. 529), $3,000,000.

22 USC 2452.

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PUBLIC LAW 89-787-NOV. 7, 1966

[80 STAT.

SALARIES A N D E X P E N S E S

For expenses necessary for the Office of Education, including surveys, studies, investigations, and reports regarding libraries; coordination of Horary service on the national level with other forms of adult education; development of library service throughout the count r y; purchase, distribution, and exchange of education documents, motion-picture films, and lantern slides; $35,150,000, including $100,000 to be available only for the National Advisory Committee on Education of the Deaf, $100,000 to be available only for the National Conference on Education of the Deaf, and $150,000 to be available only for transfer to the appropriation "Office of the Secretary, Salaries and Expenses" for a comprehensive study of training programs financed in whole or in part with Federal funds. VOCATIONAL REHABILITATION ADMINISTRATION GRANTS FOR REHABILITATION SERVICES AND FACILITIES

For grants for rehabilitation services and facilities in accordance 7g%tl\^\2sf: with the Vocational Rehabilitation Act, as amended, $244,060,000, of 29 USC 31 note, which $221,000,000 is for grants for vocational rehabilitation services under section 2; $3,000,000 is for grants for innovation projects under section 3; $9,560,000, of which $6,310,000 (to remain available through June 30, 1971) shall be for planning, preparing for, and initiating special programs to expand vocational rehabilitation services under section 4(a)(2)(A), and of which $3,250,000 (to remain available through June 30, 1968) shall be for State planning for the development of comprehensive vocational rehabilitation programs under section 4(a)(2)(B); $4,500,000, which shall remain available for the period specified in section 12(i), is for grants with respect to workshops and rehabilitation facilities under section 12; and $6,000,000 is for grants for workshop improvement activities under section 13: Provided, That the Secretary shall, within the limits of the allotments and additional allotments for grants under section 2 of such Act, allocate (or from time to time reallocate) among the States, in accordance with regulations, amounts not exceeding in the aggregate $5,000,000, which may be used only for paying the Federal share of expenditures for the establishment of workshops or rehabilitation facilities where the State funds used for such expenditures are derived from private contributions conditioned on use for a specified workshop or facility, and no part of the allotment or additional allotment to any State for grants under section 2 of said Act other than the allocation or reallocation to such State under this proviso may be so used: Provided further, That the allotment to any State under section 3(a) (1) of such Act shall be not less than $25,000. Grants to States, next succeeding fiscal year: For making, after May 31, of the current fiscal year, grants to States under sections 2 and 3 of the Vocational Rehabilitation Act, as amended, for the first quarter of the next succeeding fiscal year such sums as may be necessary, the obligations incurred and the expenditures made thereunder to be charged to the appropriation therefor for that fiscal year: Provided, That the payments made pursuant to this paragraph shall not exceed the amount paid to the States for the first quarter of the current fiscal year.

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 80

STAT.]

PUBLIC LAW 89-787-NOV. 7, 1966 RESEARCH A N D

1387

TRAINING

For grants and other expenses (except administrative expenses) for research, training, traineeships, and other special projects, pursuant to section 4 of the Vocational Rehabilitation Act, as amended, for ^9 USC 34. carrying out the training functions provided for in section 7 of said Act, for studies, investigations, demonstrations, and reports, and of 29 USC 37. dissemination of information with respect thereto pursuant to section 7 of said Act, and not to exceed $100,000 for carrying out the functions of the Vocational Rehabilitation Administration under the International Health Research Act of 1960 (74 Stat. 364), $60,325,000. ^^22 USC 2101 RESEARCH A N D T R A I N I N G

( S P E C I A L FOREIGN C U R R E N C Y PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Vocational Rehabilitation Administration, as authorized by law, $3,000,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to such agency, for the payments in the foregoing currencies. GRANTS FOR CORRECTIONAL R E H A B I L I T A T I O N

STUDY

For grants under the provisions of section 16 of the Vocational Rehabilitation Act, as amended, for a program of research and study i284^*^*' ^^^' in correctional rehabilitation, $800,000. 29 USC 42. SALARIES A N D

EXPENSES

For expenses, not otherwise provided for, necessary for the Vocational Rehabilitation Administration, $4,869,000, together with not to exceed $299,000 to be transferred from the Federal Disability Insurance Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund, as provided in section 222(d)(5) of the Social Security Act, as amended. PUBLIC HEALTH SERVICE

79 sta^ 40s.

42 USC 422.

PREAMBLE

For necessary expenses in carrying out the Public Health Service Act, as amended (42 U.S.C. ch. 6A) (hereinafter referred to as the f^,^^%*-J?2. Act), and other Acts, including expenses for active commissioned 42 USC 201 note. officers in the Reserve Corps and for not to exceed two thousand eight hundred commissioned officers in the Regular Corps; expenses incident to the dissemination of health information in foreign countries through exhibits and other appropriate means; expenses of primary and secondary schooling of dependents, in foreign countries, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation of such dependents between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; rental or lease of living quarters (for periods not exceeding 5 years), and provision of heat, fuel, and light, and maintenance, improvement, and repair of such quarters, and advance

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 1388

42 USC 209.

PUBLIC LAW 89-787-NOV. 7, 1966

[80 STAT.

payments therefor, for civilian officers and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country; not to exceed $1,000 for entertainment of visiting scientists when specifically approved by the Surgeon General; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the Act, at rates established by the Surgeon General, or the Secretary where such action is required by statute, not to exceed $24,500 per annum; as follows: BUILDINGS AND TACILITIES

For construction, major repair, improvement, extension, and equipment of Public Health Service facilities, not otherwise provided, including plans and specifications and acquisition of sites, $18,279,000, to remain available until expended. INJURY CONTROL 42 USC 241. 42 USC 246.

To carry out section 301 of the Act, and for expenses necessary for demonstrations and training personnel for State and local health work pursuant to section 314(c) of the Act, with respect to injury control, $5,759,000. CHRONIC DISEASES AND HEALTH OF THE AGED

243^ 246*r 2^47^a, 282', 283.

'^ f ^ - ^^„^** 42 USC 13911394.

To carry out sections 301, 311, 314(e), 316, 402(g), and 403(a)(1) of the Act, and for expenses necessary for demonstrations and training personnel for State and local health work under section 314(c) of the Act, with respect to chronic diseases and health problems of the aged, for allotments and payments to States under section 314(c) of the Act for establishing and maintaining adequate public health services for the chronically ill and the aged, and for cooperating with State health agencies, and other public and private nonprofit institutions, in the prevention, control, and eradication of cancer, neurological and sensory diseases, and blindness by providing for consultative services, training, demonstrations, and other control activities, directly and through grants-in-aid, $91,614,000, of which $12,300,000 shall be available only for such allotments and payments to States under section 314(c) of the Act, and $2,750,000 shall be available through June 30, 1968, for grants under title X VII of the Social Security Act, as amended. COMMUNITY HEALTH PRACTICE AND RESEARCH

To carry out, to the extent not otherwise provided, sections 301, 306, 309, 310, 311, 314(c), title VII and title VIII of the Act, Executive 24'*2dy2T2g,''242h, OrdcT 11074 of January 8, 1963, $124,280,000. 243/246,29 2,296. Loaus, graiits, and payments for the next succeeding fiscal year: 3 e F R 1959 ,^.,„ p ^ ^ making, after March 31 of the current fiscal year, loans, grants, 1963 eomp.,p. 691. and payments under section 306, parts C and F of title VII, and part B of title VIII of the Act for the first quarter of the next succeeding fiscal year, such sums as may be necessary, and the obligations incurred and expenditures made hereunder shall be charged to the appropriation for that purpose for such fiscal year: Provirfed^ That such payments pursuant to this paragraph may not exceed 50 per centum of the amounts authorized in section 306, part C of title VII and part B of title VIII for these purposes for the next succeeding fiscal year.

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 80

STAT.]

PUBLIC LAW 89-787-NOV. 7, 1966 C O M M U N I C A B L E DISEASE

1389

ACTIVITIES

To carry out, except as otherwise provided for, those provisions of sections 301, 311, 314(c), 317, and 361 of the Act relating to the prevention and suppression of communicable and preventable diseases, and the interstate transmission and spread thereof; hire, maintenance, and operation of aircraft; $44,220,000, of which $9,100,000 shall be available through June 30, 1968, to carry out section 317 of the Act.

42 USC 241, 243, 246,247b,264.

CONTROL OF TUBERCULOSIS

To carry out the purposes of section 314(b) of the Act, $21,597,000, of which $14,950,000 shall be available for grants of money, services, supplies and equipment to States, and with the approval of the respective State health authority, to comities, health districts and other political subdivisions of the States for the control of tuberculosis in such amounts and upon such terms and conditions as the Surgeon General may determine, and of which $3,000,000 shall be available only for grants to States, to be matched by an equal amount of State and local funds expended for the same purpose, for direct expenses of prevention and case-finding projects, including salaries, fees, and travel of personnel directly engaged in prevention and case finding and the necessary equipment and supplies used directly in prevention and case-finding operations, but excluding the purchase of care in hospitals and sanatoriums. CONTROL O F VENEREAL DISEASES

To carry out the purposes of sections 314(a) and 363 of the Act with respect to venereal diseases and for grants of money, services, supplies, equipment, and use of facilities to States, as defined in the Aot, and with the approval of the respective State health authorities, to counties, health districts, and other political subdivisions of the States, for venereal disease control activities, in such amounts and upon such terms and conditions as the Surgeon General may determine, $10,593,000.

42 USC 246, 266.

D E N T A L SERVICES A N D RESOURCES

To carry out sections 301, 311 and 314(c) of the Act, and for training grants under section 422 of the Act, with respect to dental health activities, except as otherwise provided for the National Institute of Dental Research, $9,693,000.

^2 USC 288a.

MEDICAL CARE SERVICES

To carry out to the extent not otherwise provided sections 301 and 311 of the Act, and for home health service programs under section 314(c) of the Act, $10,385,000, together with $3,512,000 to be transferred, as authorized by section 201(g)(1) of the Social Security Act, 79 Stat. as amended, from any one or all of the trust funds referred to therein 42 USC 4338. 01. and to be expended for functions delegated to the Surgeon General by the Secretary under title X VIII of the Social Security Act. ^ ^'^'^ ^g^^j 1395//. N U R S I N G SERVICES A N D RESOURCES

To carry out sections 301 and 311 of the Act with respect to nursing services and resources, and to the extent not otherwise provided, title VIII of the Act, $25,623,000. 78 Stat. 908. Grants and payments for the next succeeding fiscal year: For 298b.^^^ ^^^' making, after March 31 of the current fiscal year, grants and payments 65-300 0-67—90

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 1390

PUBLIC LAW 89-787-NOV. 7, 1966

42 ulc 2^7^.' 297g.

under part B of title VIII of the Act for the first quarter of the next succeeding fiscal year, such sums as may be necessary, and the obligations incurred and expenditures made hereunder shall be charged to the appropriation for that purpose for such fiscal year: Provided, That such payments pursuant to this paragraph may not exceed 50 per centum of the amounts authorized m such part B for these purposes for the next succeeding fiscal year. HOSPITAL CONSTRUCTION

42 USC 247c, 291. ' 77 Stat. 284. 77 Stat. 290. 79 Stat. 11. 40 USC app.

202,

""

[80 STAT.

ACTIVITIES

'^^ ^^^^^ ^^^ *^^ provisions of section 318 and title VI of the Act, as amended, and parts B and C of the Mental Retardation Facilities Construction Act (42 U.S.C. 2661-2677), and, except as otherwise provided, the Community Mental Health Centers Act (42 U.S.C. 2681-2687), and section 202 of the Appalachian Regional Development Act of 1965, $313,525,000, of which $170,000,000 shall be available until June 30j 1968 (except that funds for Guam, American Samoa, and the Virgin Islands shall be available until June 30, 1969), for grants or loans for hospitals and related facilities pursuant to section 601 (b) of the Public Health Service Act, $100,000,000 shall be available until June 30, 1968 (except that funds for Guam, American Samoa, and the Virgin Islands shall be available until June 30, 1969), for grants or loans for facilities pursuant to section 601(a) of the Public Health Service Act, $5,000,000 shall be for special project grants pursuant to section 318 of the Public Health Service Act, $7,500,000 shall be for the purposes authorized in section 624 of the Public Health Service Act, $10,000^000, to remain available until expended, shall be for grants for facilities pursuant to part B of the Mental Retardation Facilities Construction Act, $15,000,000 shall be available until June 30, 1968, for grants for facilities pursuant to part C of the Mental Retardation Facilities Construction Act, and $2,500,000, to remain available until expended, shall be for grants for construction, equipment, and operation of demonstration health facilities under the Appalachian Regional Development Act of 1965: Provided, That there may be transferred to this appropriation from "Construction of community mental health centers" an amount not to exceed the sum of the allotment adjustments made by the Secretary pursuant to section 202(c) of the Community Mental Health Centers Act. CONSTRUCTION OF H E A L T H EDUCATIONAL FACILITIES

liltf^^of' 42 USC 293293h, 296-296e.

To carry out part B of title VII and part A of title VIII of the Act, $160,727,000, of which $135,000,000 is for grants to assist in construc^^^^^ ^£ teaching facilities pursuant to section 720 of the Act including $27,000,000 for the purposes of subsection (2) of said section, $10,000,000 is for grants to assist in construction of new or replacement or rehabilitation of existing facilities for collegiate schools of nursing pursuant to section 801; and $15,000,000 is for grants to assist in construction of new or replacement or rehabilitation of existing facilities for associate degree and diploma schools of nursing pursuant to section 801: Provided, That amounts appropriated herein for grants shall remain available until expended. ENVIRONMENTAL H E A L T H SCIENCES

2/3^ Yle^ 241,

To carry out, except as otherwise provided for, sections 301, 311, ^^^ 314(c) of the Act with respect to environmental health and arctic health activities, $24,298,000.

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STAT.]

PUBLIC LAW 8 9 - 7 8 7 - N O V. 7, 1966

1391

AIR POLLUTION

To carry out the Clean Air Act, including purchase of not to exceed ^^ ^^^^- 392. three passenger motor vehicles, and hire, maintenance, and operation of note aircraft, $35,561,000. ENVIRONMENTAL ENGINEERING A N D SANITATION

To carr>' out sections 301, 311, and 361 of the Act, and for expenses 26A^^^ ^'*^' ^^^' necessary for demonstrations and training personnel for State and local health work under section 314(c) of the Act, with respect to milk, ''^ use 246. food, and community sanitation, and interstate quarantine activities, and to carry out the functions of the Secretary of Health, Education, and Welfare under the Solid Waste Disposal Act of 1966 (79 Stat. 997), $21,963,000. 42 USC 3251 OCCUPATIONAL H E A L T H

""**'

To carry out sections 301 and 311 of the Act, and for expenses necessary for demonstrations and training personnel for State and local health work under section 314(c) of the Act, with respect to occupational health, $6,592,000. RADIOLOGICAL HEALTH

To carry out sections 301, 311, and 314(c) of the Act, with respect to radiological health, including grants for training of radiological health specialists; purchase of not to exceed one passenger motor vehicle for replacement onlv; and hire, maintenance, and operation of aircraft; $20,895,000 of which $2,500,000 shall be available only for allotments and payments to States pursuant to such section 314(c) for the establishment and maintenance of adequate radiological public health services. HOSPITALS A N D MEDICAL CARE

For carrying out the functions of the Public Health Service, not otherwise provided for, under the Act of August 8, 1946 (5 U.S.C. 150), and under sections 301 (with respect to research conducted as ^o Stat. 903. facilities financed by this appropriation), 321, 322, 324, 326, 331, 332, 42 USC 24i et 341, 342, 343, 344, 502, and 504 of the Act, section 810 of the Act of '^''•' " ° ' "^• July 1, 1944, as amended (33 U.S.C. 763c), the Act of July 19, 1963 (Public Law 88-71), Private Law 419 of the Eighty-third Congress, J? sta^ 83^^ as amended, and Executive Order 9079 of February 26, 1942, includ- gg Stat. A^^4;' ing purchase and exchange of farm products and livestock; and pur- 69 Stat. 76. chase of firearms and ammunition; $61,643,000, of which $1,200,000 eum^su^p.!"1101. shall be available only for payments to the State of Hawaii for care and f reatment of persons afflicted with leprosy: Provided, That when the Public Health Service establishes or operates a health service program for any department or agency, payment for the estimated cost shall be made by way of reimbursement or in advance for deposit to the credit of this appropriation. FOREIGN Q U A R A N T I N E ACTIVITIES

For carrying out the purposes of sections 361 to 369 of the Act, relating to preventing the introduction of communicable diseases from foreign countries, the medical examination of aliens in accordance with section 325 of the Act, and the care and treatment of quarantine detainees pursuant to section 322(e) of the Act in private or other public hospitals when facilities of the Public Health Service are not available, including insurance of official motor vehicles in foreign countries when required by law of such countries, $8,030,000.

42 USC 264-272. 42 USC 252. 42 USC 249.

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PUBLIC LAW 89-787-NOV. 7, 1966

[80 STAT.

GENERAL RESEARCH AXD SERVICES, NATIONAL INSTITUTES OF HEALTH =? •

42 USC 241.

For the activities of the National Institutes of Health, not otherwise provided for, including research fellowships and grants for research projects and training grants pursuant to section 301 of the Act; and grants of therapeutic and chemical substances for demonstrations and research; $68,534,000: Provided, That funds advanced to the National Institutes of Health management fund from appropriations included in this Act shall be available for purchase of not to exceed five passenger motor vehicles for replacement only; and not to exceed $2,500 for entertainment of visiting scientists when specifically approved by the Surgeon General. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For expenses not otherwise provided for, necessary to carry out the purposes of the Act with respect to general medical sciences, $145,113,000, of which $1,000,000 shall be available for the training of clinical anesthesiologists. BIOLOGICS STANDARDS

42 USC 262, ^^^'

To caiTy out sections 351 and 352 of the Act pertaining to regulation and preparation of biological products, and conduct of research related thereto, $7,904,000. NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For expenses, not otherwise provided for, necessary to carry out the purposes of the Act with respect to child health and human development, $64,922,000. NATIONAL CANCER INSTITUTE

To enable the Surgeon General, upon the recommendations of the National Advisory Cancer Council, to make grants-in-aid for research and training projects relating to cancer; and to otherwise carry out the 42 USC 281-286. provisions of title IV, part A, of the Act; $175,656,000. NATIONAL INSTITUTE OF MENTAL HEALTH

42 USC 241 et

seq.

77 Stat. 290. 79 Stat. 360. 42 USC 242b note.

For expenses necessary for carrying out the provisions of sections 301, 302, 303, 311, 312, and 314(c) of the Act with respect to mental diseases, and, to the extent not otherwise provided, of the Community Mental Health Centers Act (42 U.S.C. 2681-2687) as amended, and the provisions of section 231 of the Social Security Amendments of 1935, $264,119,000. CONSTRUCTION OF COMMUNITY MENTAL HEALTH CENTERS

II f,o°A' In^ 4 / UoC

For grants pursuant to the Community Mental Health Centers Act, $50,000,000, to remain available until June 30, 1968: Provided, That there may be transferred to this appropriation from "Hospital construction activities" an amount not to exceed the sum of the allotment adjustments made by the Secretary pursuant to section 132(c) of the Mental Retardation Facilities Construction Act.

2.011.

NATIONAL HEART INSTITUTE

62 Stat. 464.

For expenses, not otherwise provided for, necessary to carry out the purposes of the National Heart Act, $164,770,000.

42 USC 287 note.

i

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1393

NATIONAL INSTITUTE OF DENTAL RESEARCH

For expenses, not otherwise provided for, necessary to enable the Surgeon General to carry out the purposes of the Act with respect to dental diseases and conditions, $28,308,000. NATIONAL I N S n T U T E OF ARTHRITIS A N D METABOLIC DISEASES

For expenses necessary to carry out the purposes of the Act relating to arthritis, rheumatism, and metabolic diseases, $135,687,000. NATIONAJ. INSTITUTE OF ALLERGY A N D INFECTIOUS DISEASES

For expenses, not otherwise provided for, necessary to carry out the purposes of the Act relating to allergy and infectious diseases, $90,670,000 of which $500,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Gorgas Memorial Laboratory. NATIONAL INSTITUTE OF NEUROLOGICAL DISEASES A N D BLINDNESS

For expenses necessary to carry out the purposes of the Act relating to neurology and blindness, $116,296,000. GENERAL RESEARCH SUPPORT GRANTS

For general research support grants, as authorized in section 301(d) of the Act, there shall be available from appropriations available to ^2 USC 241. the National Institutes of Health for operating expenses the sum of $51,700,000: Provided, That none of these funds shall be used to pay a recipient of such a grant any amount for indirect expenses in connection with such project. REGIONAL MEDICAL PROGRAMS

To carry out title IX of the Public Health Service Act, $45,004,000, 11 ^f^\ll%.o • of which $43,000,000 shall remain available until June 30, 1968, for grants pursuant to such title. GRANTS FOR CONSTRUCTION OF H E A L T H RESEARCH FACILITIES

For grants pursuant to parts A and D of title VII of the Act, 77^s^tft*.^i'64,^282. $56,000,000, to remain available until expended, but only, in the case 42 USC 292of such part D, with respect to applications filed prior to July 1, 1967, ^^^^' 295-295e. and approved prior to July 1, 1968. SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Public Health Service, as authorized by law, $10,000,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to the Public Health Service, for payments in the foregoing currencies. N A T I O N A L H E A L T H STATISTICS

For expenses of the National Center for Health Statistics in carrying out the provisions of sections 301, 305, 312(a), 313, 314(c), and 315 of the Act, $9,312,000. 42 USC 241 e^ '

''

'

seq.

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[80 STAT.

NATIONAL LIBRARY OF MEDICINE

42 USC 241. 70 Stat. 960. 42 USC 280b

To carry out seotion 301 of the Act and for expenses, not otherwise provided for, necessary to carry out the National Library of Medicine ^^^t (42 XJ.S.C. 275), and the Medical Library Assistance Act of 1965 (79 Stat. 1059), $20,192,000, of which $13,800,000 shall remain available until June 30, 1968. RETIRED PAY OF COMMISSIONED OFFICERS

10 USC 14311446. 72 Stat. 1445. 10 USC 1071-

1085.

For retired pay of commissioned officers, as authorized by law, and for payments under the Eetired Serviceman's Family Protection Plan and payments for medical care of dependents and retired personnel under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such amount as may be required during the current fiscal year. OFFICE OF THE SURGEON GENERAL, SALARIES AND EXPENSES For the divisions and offices of the Office of the Surgeon General and for miscellaneous expenses of the Public Health Service not appropriated for elsewhere, including preparing information, articles, and publications related to public health; and conducting studies and demonstrations in public health methods, $7,858,000. FEDERAL WATER POLLUTION CONTROL ADMINISTRATION BUILDINGS A N D FACILITIES

For construction, alteration, and equipment of facilities, including acquisition and development of sites, planning, architectural, and engineering services, and for measures to control acid mine drainage, $4,624,000, to remain available until expended: Provided, That such unexpended balances as the Secretary of Health, Education, and Welfare may determine to be available as of June 30, 1966, in the appropriation for "Buildings and facilities," Public Health Service, for water pollution control activities shall be merged with this appropriation. WATER SUPPLY AND WATER POLLUTION CONTROL 70 Stat. 498. 33 USC 466

no^e.' "

79 Stat. 600.

For expenses necessary to carry out the Federal Water Pollution Control Act, as amended, and other related activities, including $4,700,000 for grants to States and $300,000 for grants to interstate agencies under section 7 of such Act, $55,439,000: Provided, That the unobligated balance of funds appropriated under this head in the Department of Health, Education, and Welfare Appropriation Act, 1966, for constructing acid mine drainage control measures, shall remain available during the current fiscal year and shall be transferred to the appropriation for "Buildings and facilities." GRANTS FOR WASTE TREATMENT WORKS CONSTRUCTION AND SEWER OVERFLOW CONTROL

For grants and contracts for waste treatment works construction, and for research and development under section 6 of the Water Pollu.79 Stat. 905. • tjou Coutrol Act, as amended, to remain available until expended, 33 USC 466C.1. ^173^000,000, of which $20,000,000 shall be for grants and contracts pursuant to section 6 of such Act, $150,000,000 shall be for grants for construction of sewage treatment works pursuant to section 8 of such 33 USC 466e. \ c t, and $3,000,000 shall be for grants for construction of sewage treat-

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ment works pursuant to section 212 of the Appalachian Regional Development Act of 1965 (Public Law 89-4).

1395 \l sta^ ^s. 212.

S A I N T ELIZABETHS HOSPITAL SALARIES AND EXPENSES

For expenses necessary for the maintenance and operation of the hospital, including clothing for patients, and cooperation with organizations or individuals in the scientific research into the nature, causes, prevention, and treatment of mental illness, such amount as may be equal to the difference between the amount of the reimbursements received during the current fiscal year on account of patient care provided by the hospital during such year and $31,558,000. BUILDINGS A N D FACILITIES

For construction, alterations, extension, and equipment of buildings and facilities on the grounds of the hospital, including preparation of plans and specifications, $2,298,000, to remain available until expended. SOCIAL SECURITY ADMINISTRATION LIMITATION O N SALARIES A N D EXPENSES

For necessary expenses, not more than $586,483,000 may be expended as authorized by section 201(g)(1) of the Social Security Act, as amended, from any one or all of the trust funds referred to 4I use AOU therein: Provided, That such amounts as are required shall be available to pay the cost of necessary travel incident to medical examinations or hearings for verifying disabilities or for review of disability determinations, of individuals who file applications for disability determinations under title II of the Social Security Act, as amended: '•^ use 40i e^ Provided further, That $35,000,000 of the foregoing amount shall be **^* apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of title X VIII of the Social Security Act, as amended, and after maximum ^9 Stat. 291, absorption of such costs within the existing limitation has been utszY. ^ achieved. LIMITATION ON CONSTRUCTION

For construction, alterations and equipment of facilities, including acquisition of sites, and planning, architectural, and engineering services, and for provision of necessary off-site parking facilities during construction, $43,189,000, to be expended as authorized by section 201(g)(1) of the Social Security Act, as amended, from any one or all of the trust funds, referred to therein, and to remain available until expended. P A Y M E N T TO TRUST F U N D S FOR HEALTH INSURANCE FOR THE AGED

For payment to the Federal Hospital Insurance and Federal Supplementary Medical Insurance trust funds, as authorized by sections 103 and 111(d) of the Social Security Amendments of 1965, and?,f4^A/,i^-. section 1844 of the Social Security Act, $832,947,000. 13951-1 42 USC 139SW.

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[80 STAT.

P A Y M E N T FOR M I L I T A R Y SERVICE CREDITS

79 Stat. 396. 42 USC 417.

For payment to the Federal Old-Age and Survivors Insurance, the Federal Disability Insurance, and the Federal Hospital Insurance trust funds for benefit payments and other costs resulting from noncontributorv coverage extended certain veterans, as provided under section 217(g) of the Social Security Act, as amended, $105,000,000. WELFARE ADMINISTRATION GRANTS TO STATES FOR P U B L I C ASSISTANCE

6ot m ^ ' i S i, 1381, 1396.

For grants to States for old-age assistance, medical assistance, aid to families with dependent children, aid to the blind, and aid to the l>ermanently and totally disabled, as authorized in titles I, IV, X, X IV, X VI, and X IX of the Social Security Act, as amended (42 IT.S.C, ch. 7, subchs. I, IV, X, X IV, X VI, and X IX), $a,700,000,000, of which such amount as ma5^ be necessary shall be available for grants for any period in the prior fiscal year subsequent to March 31 of that year. ASSISTANCE FOR REPATRIATED UNITED STATES N A T I O N A I. S

75 Stat. 142. 24 USC 321-329. 55 Stat. 756; 45 Stat. 1495.

For necessary expenses of carrying out section 1113 of the Social Security Act, as amended (42 U.S.C. 1313), and of carrying out the provisions of the Act of July 5, 1960 (74 Stat. 308), and for care and treatment in accordance with the Acts of March 2, 1929, and October 29, 1941, as amended (24 U.S.C. 191a, 196a) $460,000, of which $40,000 shall be apportioned for use pursuant to section 3679 of the "Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to provide for requirements not anticipated in the budget estimates. BUREAU OF F A M I L Y SERVICES, SALARIES A N D E X P E N S E S

For expenses necessary for the Bureau of Family $7,890,000. GRANTS FOR M A T E R N A L AND C H I L D

Services,

WELFARE

For grants for maternal and child welfare as authorized in title V, parts 1, 2, 3, and 4 of the Social Security Act, as amended (42 U.S.C. 42 USC 701-731.,.1^^ 7^ subch. V; 74 Stat. 995-997, and 77 Stat. 273), $228,900,000, of which $50,000,000 shall be available for maternal and child-health services under part 1, $50,000,000 for services for crippled children under part 2, $46,000,000 for child welfare services under part 3 (other than section 526), $9,000,000 for research, training, or demonstration projects in child welfare under section 526, $30,000,000 for special project grants for maternity and infant care under section 531, $35,000,000 for special project grants for comprehensive health care and services for school age and preschool age children under section 532, $4,000,000 for training of professional personnel for the health and related care of crippled children under section 516, and $4,900,000 for research projects relating to maternal and child health and crippled children'services under section 533 of such Act: Provided, That any allotment to a State pursuant to section 502(b) or 512(b) of such Act shall not be included in computing for the purposes of subsections (a) and (b) of sections 504 and 514 of such Act an amount expended or estimated to be expended by the State: Provided further, That $4,750,000 of the amount available under section 502(b) of such Act shall be used only for special projects for mentally retarded children.

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PUBLIC LAW 89-787-NOV. 7, 1966

and $3,750,000 of the amount available under section 512(b) of such Act shall be used only for special projects for services for crippled children who are mentally retarded.

1397 '^^ ^^^ '^^^^

CHILDREN'S BUREAU, SALARIES AND EXPENSES

For necessary expenses in carrying out the Act of April 9, 1912, as amended (42 U.S.C., ch. 6), and title V of the Social Security Act, as amended (42 U.S.C., ch. 7, subch. V), including purchase of reports and material for the publications of the Children's Bureau and of reprints for distribution, $5,331,000: Provided, That no part of any appropriation contained in this title shall be used to promulgate or carry out any instructions, order, or regulation relating to the care of obstetrical cases which discriminate between persons licensed under State law to practice obstetrics: Provided further. That the foregoing proviso shall not be so construed as to prevent any patient from having the services of any practitioner of her own choice, paid for out of this fund, so long as State laws are complied with: Provided further, That any State plan which provides standards for professional obstetrical services in accordance with the laws of the State shall be approved.

H l'^^: ^l\;^g^ 42 USC 701-731!

JUVENILE D E L I N Q U E N C Y AND YOUTH OFFENSES

For grants and contracts for demonstrations, evaluation, and training projects, and for technical assistance, relating to control of juvenile delmquency and youth offenses, and for salaries and expenses in connection therewith, $8,207,000, of which $1,750,000 shall be for the demonstration and evaluation project in the Washington metropolitan area pursuant to section 9 of the Juvenile Delinquency and Youth Offenses Control Act of 1961.

J8 sta^- ^^^

COOPERATIVE RESEARCH OR DEMONSTRATION PROJECTS

For grants, contracts, and jointly financed cooperative arrangements for research or demonstration projects under section 1110 of the Social Security Act, as amended (42 U.S.C. 1310), $3,150,000. RESEARCH AND TRAINING

^o Stat. ssi.

(SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Welfare Administration, as authorized by law, $1,500,000, to remain available until expended: Provided, That this appropriation shall be available in addition to other appropriations to such agency, for the purchase of the foregoing currencies. OFFICE OF THE COMMISSIONER, SALARIES AND EXPENSES

For expenses necessary for the Office of the Commissioner of Welfare, $1,522,000. Grants to States, next succeeding fiscal year: For making, after May 31 of the current fiscal year, payments to States under titles I, IV, V, X, X IV, X VI, and X IX, respectively, of the Social Security Act, as amended, for the first quarter of the next succeeding fiscal year, such 70!^ ^20^1^1351°^' sums as may be necessary, the obligations incurred and the expendi- usi, ug'e. tures made thereunder for payments under each of such titles to be charged to the appropriation therefor for that fiscal year.

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PUBLIC LAW 89-787-NOV. 7, 1966

[80 STAT.

Ill the administration of titles I, IV, V, X, X IV, X VI, and X IX, 7o\^VIoifi35i°^' respectively, of the Social Security Act, as amended, payments to a 1381, 1396. ' State under any of such titles for any quarter in the period beginning April 1 of the prior year, and ending June 30 of the current year, may be made w ith respect to a State plan approved under such title prior to or during such period, but no such payment shall be made with respect to any plan for any quarter prior to the quarter in which such plan was submitted for approval. ADMINISTRATION ON AGING SALARIES AND EXPENSES

II use 3001

For grants for community plamiing, services, and training, and for grants and contracts for research and development projects and training projects, and for consultative services, technical assistance, training and other services, relating to programs for the aged and aging, and for salaries and expenses in connection therewith, as authorized by the Older Americans Act of 1965, $10,275,000.

note. SPECIAL INSTITUTIONS AMERICAN P R I N T I N G HOUSE FOR THE BLIND

20 Stat. 468.

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101-105), $1,027,500. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

79 Stat. 125. 20 USC 681 note.

For carrying out the National Technical Institute for the Deaf Act (Public Law 89-36), $491,000, to remain available until expended. F R E E D M E N ' S HOSPITAL

For expenses necessary for operation and maintenance, including repairs; furnishing, repairing, and cleaning of wearing apparel used by employees in the performance of their official duties; transfer of funds to the appropriation "Howard University, salaries and expenses" for salaries of technical and professional personnel detailed to the hospital; payments to the appropriations of Howard University for actual cost of heat, light, and power furnished by such university; $5,193,000: Provided, That no intern or resident physician receiving compensation from this appropriation on a full-time basis shall receive compensation in the form of wages or salary from any other appropriation in this title: Provided further. That the District of Columbia shall pay by check to Freedmen's Hospital, upon the Surgeon General's request, in advance at the beginning of each quarter, such amou)it as the Surgeon General calculates will be earned on the basis of rates approved by the Bureau of the Budget for the care of patients certified by the District of Columbia. Bills rendered by the Surgeon General on the basis of such calculations shall not be subject to audit or certification in advance of payment; but proper adjustment of amounts which have been paid in advance on the basis of such calculations shall be made at the end of each quarter: Provided further, That the Surgeon General may delegate the responsibilities imposed upon him by rhe foregoing proviso.

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1399

GALLATJDET COLLEGE, SALARIES AND EXPENSES

For the partial support of Gallaudet College, including personal services and miscellaneous expenses, and repairs and improvements as authorized by the Act of June 18, 1954 (Public Law 420), $2,520,000: ^*c^.*^c'ode siProvided, That Gallaudet College shall be paid by the District of 10251031-1032. Columbia, in advance at the beginning of each quarter, at a rate not less than $1,640 per school year for each student receiving elementary or secondary education pursuant to the Act of March 1, 1901 (31 D.C. Code 1008).

31 Stat. 844. GALLAUDET COLLEGE, CONSTBUCTION

For construction, alteration, renovation, equipment, and improvement of buildings and facilities on the grounds of Gallaudet College, as authorized by the Act of June 18, 1954 (Public Law 420), under the supervision, if so requested by the College, of the General Services Administration, including planning, architectural, and engineering ^services, $70,000, to remain available until expended. HOWARD UNIVERSITY, SALARIES AND EXPENSES

For the partial support of Howard University, including personal services, miscellaneous expenses, and repairs to buildings and grounds, $13,344,000. HOWARD UNIVERSITY, CONSTRUCTION

For the construction and equipment of buildings and facilities on the grounds of Howard University, under the supervision of the General Services Administration, including planning, architectural, and engineering services, $3,342,000, to remain available until expended. OFFICE OF THE SECRETARY SALARIES AND EXPENSES

For expenses necessary for the Office of the Secretary, $7,350,000, together with not to exceed $1,249,000 to be transferred from the Federal old-age and survivors insurance trust fund; of which $2,782,000 and $603,000, respectively, shall be available to carry out the civil rights functions of the Department of Health, Education, and Welfare: Provided, That the position now designated as Comptroller, level V, shall hereafter be designated as Assistant Secretary, Comptroller, level V. OFFICE OF A U D I T, SALARIES AND

EXPENSES

For expenses necessary for the Office of Audit, $4,477,000, together with not to exceed $678,000 to be transferred from the Federal old-age and survivors insurance trust fund. OFFICE OF FIELD ADMINISTRATION, SALARIES AND EXPENSES

For expenses necessary for the Office of Field Administration, $1,980,000 together with not to exceed $1,746,000 to be transferred from the Federal old-age and survivors insurance trust fund and not to exceed $34,000 to be transferred from the operating fund, Bureau of Federal Credit Unions.

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PUBLIC LAW 89-787-NOV. 7, 1966

[80 STAT.

SURPLUS PROPERTY UTILIZATION

70 Stat. 493; 63 Stat. 387; 69 Stat. 84, 430. 40 USC 484.

For expenses necessary for carrying out the provisions of subsections 203 (j), (k), (n), and (o), of the Federal Property and Administrative Services Act of 1949, as amended, relating to disposal of real and personal excess property for educational purposes, civil defense purposes, and protection of public health, $1,093,000. O r r i C B OF THE GENERAL COUNSEL, SALARIES AND EXPENSES

For expenses necessary for the Office of the General Counsel, $1,780,000, together with not to exceed $29,000 to be transferred from '"Revolving fund for certification and other services, Food and Drug Administration", and not to exceed $1,301,000 to be transferred from the Federal old-age and survivors insurance trust fund. EDUCATIONAL TELEVISION FACILITIES

47 USC 390397.

For grants to assist in construction of educational television broadcastin,^ facilities, as authorized by part IV of title III of the Communications Act of 1934 (76 Stat. 64), and for related salaries and expenses, to remain available until expended, $3,304,000, of which not to exceed $304,000 shall be available for such salaries and expenses during the current fiscal year. GENERAL PROVISIONS

Withholding of funds, restriction.

Motor vehicles, transfer. Research grants.

Use of funds, restriction.

SEC. 201. None of the funds appropriated by this title to the Welfare Administration for grants-in-aid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any States which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers or employees. SEC. 202. The Secretary is authorized to make such transfers of motor vehicles, between bureaus and offices, without transfer of funds, as may be required in carrying out the operations of the Department. SEC. 203. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount equal to as much as the entire cost of such project. SEC. 204. Appropriations to the Public Health Service available for research grants pursuant to the Public Health Service Act shall also be available, on the same terms and conditions as apply to nonFederal institutions, for research grants to hospitals of the Service, the Bureau of Prisons, Department of Justice, and to Saint Elizabeths Hospital. SEC. 205. None of the funds contained in this Act shall be used for any activity the purpose of which is to require any recipient of any project grant for research, training, or demonstration made by any officer or employee of the Department of Health, Education, and Welfare to pay to the United States any portion of any interest or other income earned on payments of such grant made before July 1, 1964; nor shall any of the funds contained in this Act be used for

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PUBLIC LAW 89-787-NOV. 7, 1966

STAT.]

1401

any activity the purpose of which is to require payment to the United States of any portion of any interest or other income earned on payments made before July 1, 1964, to the American Printing House for the Blind. SEC. 206. Expenditures from funds appropriated under this title to Funds subject the American Printing House for the Blmd, Howard University and Gallaudet College shall be subject to audit by the Secretary of Health, Education, and Welfare. SEC. 207. None of the funds contained in this title shall be available tio^^s'^rrwrs°hi for additional permanent Federal positions in the Washington area tonLea. ^^ '"^" if the proportion of additional positions in the Washington area in relation to the total new positions is allowed to exceed the proportion existing at the close of fiscal year 1966. This title may be cited as the "Department of Health, Education, and citation of title. Welfare Appropriation Act, 1967". TITLE III—NATIONAL LABOR RELATIONS BOARD SALARIES A N D E X P E N S E S

For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141-167), and other laws, ^^e^J^'^'-^i^e; $30442,000: Provided, That no part of this appropriation shall be 73 Stat. 5 4 1, available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the 52 Stat. 1060. maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes. TITLE IV—NATIONAL MEDIATION BOARD SALARIES A N D E X P E N S E S

For expenses necessary for carrying out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151-188), including temporary employment of referees under section 3 of the Railway Labor Act, as amended, at rates not in excess of $100 per diem; and emergency boards appointed by the President pursuant to section 10 of said Act (45 U.S.C. 160), $2,085,000.

^^\f^^\lll'' ^"'^' P- 208.

TITLE V—RAILROAD RETIREMENT BOARD P A Y M E N T FOR M I L I T A R Y SERVICE CREDITS

For payment to the railroad retirement account for military service credits under the Railroad Retirement Act, as amended (45 U.S.C. 228c-l), $17,201,000. ^'

'

'

54 Stat. lou; 60 Stat. 729,

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[80 STAT.

L I M I T A T I O N ON SALARIES A N D E X P E N S E S

For expenses necessary for the Railroad Retirement Board, $11,175,000, to be derived from the railroad retirement account. TITLE VI — FEDERAL M E D I A T I O N AND C O N C I L I A T I O N SERVICE SALARIES A N D E X P E N S E S

61 Stat. 152.

For expenses necessary for the Service to carry out the functions vested in it by the Labor-Management Relations Act, 1947 (29 U.S.C. 171-180, 182), including expenses of the Labor-Management Panel as provided in section 205 of said Act; expenses of boards of inquiry appointed by the President pursuant to section 206 of said Act; temporary employment of arbitrators, conciliators, and mediators on labor relations at rates not in excess of $100 per diem; and Government-listed telephones in private residences and private apartments for official use in cities where mediators are officially stationed, but no Federal Mediation and Conciliation Service office is maintained; $7,100,000. TITLE VII — I N T E R S T A T E COMMISSION ON THE POTOMAC RIVER BASIN C O N T R I B U T I O N TO I N T E R S T A T E CX)MMISSI0N ON THE POTOMAC RIVER BASIN

33 USC 567b.

To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), $5,000. TITLE VIII—UNITED STATES SOLDIERS' HOME OPERATION A N D

MAINTENANCE

For maintenance and operation of the United States Soldiers' Home, to be paid from the Soldiers' Home permanent fund, $7,433,000: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army, upon the recommendation of the Board of Commissioners of the Home and the Surgeon General of the Army. CAPITAL

OUTLAY

For construction of buildings and facilities, including plans and specifications, to be paid from the Soldiers' Home permanent fund, $3,575,000, to remain available until expended. TITLE IX — FEDERAL RADIATION COUNCIL SALARIES A N D

EXPENSES

For expenses necessary for the Federal Radiation Council, $131,000.

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PUBLIC LAW 89-788-NOV. 7, 1966

1403

TITLE X—GENERAL PROVISIONS SEC. 1001. Appropriations contained in this Act, available for sal- Experts or conaries and expenses, shall be available for services as authorized by ^" * "^ ^'" section 15 of the Act of August 2, 1946 (5 U.S.C. 55a) but at rates for ^^ ^'^'- ^^oindividuals not to exceed the per diem rate equivalent to the rate for GS-18. SEC. 1002. Appropriations contained in this Act available for sal- 3^"^^°"^" ^"°'^" aries and expenses shall be available for uniforms or allowances there- ^"*^' for as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131). _ ... ^'" '"• SEC. 1003. Appropriations contained in this Act available for Attendance at salaries and expenses shall be available for expenses of attendance at '"**''"^^meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities. SEC. 1004. The Secretary of Labor and the Secretary of Health, tion"lxp\^'seT" Education, and Welfare, are each authorized to make available not to exceed $7,500 from funds available for salaries and expenses under titles I and II, respectively, for official reception and representation expenses. SEC. 1005. No part of any appropriation contained in this Act shall Limitation. remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the "Departments of Labor, and Health, Short title. Education, and Welfare Appropriation Act, 1967". Approved November 7, 1966. Public Law 89-788 AN ACT

To provide for the establishment of the Joseph H. Hirshhorn Museum and Sculpture Garden, and for other purposes.

November 7, 1966 rs 33891

'• '

•

Be it enacted by the Senate and House of Representatives of the United States of America in Congress asseinb ted, That— Hirshhom \ SECTIOX 1. (a) The area bounded by Seventh Street, Independence and^scuiptur"**"*" Avenue, Ninth Street, and Jefferson Drive, in the District of Columbia, Garden, is hereby appropriated to the Smithsonian Institution as the per- Establishment. manent site of a museum and the area bounded by Seventh Street, Jefferson Drive, Ninth Street, and Madison Drive, in the District of Columbia is hereby made available to the Smithsonian Institution as the permanent site of a sculpture garden, both areas to be used for the exhibition of works of art. (b) The Board of Regents of the Smithsonian Institution is authorized to remove any existing structure, to prepare architectural and engineering designs, plans, and specifications, and to construct a suitable museum within said area lying south of Jefferson Drive and to provide a sculpture garden for the use of the Smithsonian Institution within the areas designated in section 1(a) of this Act. SEC, 2. (a) The museum and sculpture garden provided for by this Act shall be designated and known in perpetuity as the Joseph H. Hirshhorn Museum and Sculpture Garden, and shall be a free public museum and sculpture garden under the administration of the Board of Regents of the Smithsonian Institution. In administering the sculpture garden the Board shall cooperate with the Secretary of Interior so that the development and use of the Garden is consistent with the open-space concept of the Mall, for which the Secretary of

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Board of trust-

ees

Membership.

Director, etc.

"us^c^'io^^i^" note. Appropriation.

PUBLIC LAW 89-788-NOV. 7, 1966

[80 STAT.

Interior is responsible, and with related development regarding underground garages and street development. (b) The faith of the United States is pledged that the United States shall provide such funds as may be necessary for the upkeep, operation, and administration of the Joseph H. Hirshhorn Museum and Sculpture Garden. (c) The Joseph H. Hirshhorn Museum and Sculpture Garden shall be the permanent home of the collections of art of Joseph H. Hirshhorn and the Joseph H. Hirshhorn Foundation, and shall be used for the storage, exhibition, and study of works of art, and for the administration of the affairs of the Joseph H. Hirshhorn Museum and Sculpture Garden. gj,c. 3. (a) There is established in the Smithsonian Institution a Board of Trustees to be known as the Trustees of the Joseph H. Hirshhorn Museum and Sculpture Garden, which shall provide advice and assistance to the Board of Regents of the Smithsonian Institution on all matters relating to the administration, operation, maintenance, and preservation of the Joseph H. Hirshhorn Museum and Sculpture Garden; and which shall have the sole authority (i) to purchase or otherwise acquire (whether by gift, exchange, or other means) works of art for the Joseph H. Hirshhorn Museum and Sculpture Garden, (ii) to loan, exchange, sell, or otherwise dispose of said works of art, and (iii) to determine policy as to the method of display of the works of art contained in said museum and sculpture garden. (^^ ^ h e Board of Trustees shall be composed of the Chief Justice of the United States and the Secretary of the Smithsonian Institution, who shall serve as ex officio members, and eight general members to be appointed as follows: Four of the general members first taking office shall be appointed by the President of the United States from among nominations submitted by Joseph H. Hirshhorn and four shall be appointed by the President from among nominations submitted by the Board of Regents of the Smithsonian Institution. The general members so appointed by the President shall have terms expiring one each on July 1, 1968, 1969, 1970, 1971, 1972, 1973, 1974, and 1975, as designated by the President. Successor general members (who may be elected from among members whose terms have expired) shall serve for a term of six years, except that a successor chosen to fill a vacancy occurring prior to the expiration of the term of office of his predecessor shall be chosen only for the remainder of such term. Vacancies occurring among general members of the Board of Trustees of the Joseph H. Hirshhorn Museum and Sculpture Garden shall be filled by a vote of not less than four-fifths of the then acting members of the Board of Trustees. gp,Q 4 ^ h c Board of Regeuts of the Smithsonian Institution nuay appoint and fix the compensation and duties of a director and, subject to his supervision, an administrator and two curators of the Joseph H. Hirshhorn Museum and Sculpture Garden, none of whose appointment, compensation, or duties shall be subject to the civil service laws ^^ *^® Classification Act of 1949, as amended. The Board of Regents may employ such other officers and employees as may be necessary for the efficient administration, operation, and maintenance of the Joseph H. Hirshhorn Museum and Sculpture Garden. gj,^. 5 There Is authorizcd to be appropriated not to exceed $15,000,000 for the planning and construction of the Joseph H. Hirshhorn Museum.and Sculpture Garden, and such additional suras as may be necessary for the maintenance and operation of such museum and sculpture garden. Approved November 7, 1966.

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PUBLIC LAW 89-789-NOV. 7, 1966

STAT.]

1405

Public Law 89-789 AN ACT

November 7, 1966

Authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation,floodcontrol, and for other purposes.

[H. R. 18233]

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

^

of the

'

. ^^i'^'" ^""^ ^^jbor Act of 1966.

TITLE I—KIVERS AND HARBORS SEC. 101, The following works of improvement of rivers and harbors and other waterways for navigation, flood control, and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated. The provisions of section 1 of the River and Harbor Act approved March 2, 1945 (Public Law Numbered 14, Seventy-ninth Congress, first session), shall govern with respect to projects authorized in this title; and the procedures therein set forth with respect to plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto, shall apply as if herein set forth in full. NAVIGATION

Newark Bay, Hackensack and Passaic Rivers, New Jersey: House Document Numbered 494, Eighty-ninth Congress, at an estimated cost of $12,899,000; Carolina Beach Harbor, North Carolina: House Document Numbered 515, Eighty-ninth Congress, maintenance; Southport Harbor, North Carolina: House Document Numbered 514, Eighty-ninth Congress, maintenance; Gulf County Canal, Florida: House Document Numbered 481, Eighty-ninth Congress, at an estimated cost of $477,000; Saint Lucie Inlet, Florida: House Document Numbered 508, Eightyninth Congress, maintenance; Pearl River, Mississippi and Louisiana: House Document Numbered 482, P^ighty-ninth Congress, at an estimated cost of $630,000; Biloxi Harbor, Mississippi: House Document Numbered 513, Eighty-ninth Congress, at an estimated cost of $753,000; Elk Creek Harbor, Pennsylvania: House Document Numbered 512, Eighty-ninth Congress, at an estimated cost of $920,000; Conneaut Harbor, Ohio: House Document Numbered 484, Eightyninth Congress, at an estimated cost of $495,000; Cross Village Harbor, Michigan: House Document Numbered 490, Eighty-ninth Congress, at an estimated cost of $723,000; Mississippi River-Fort Madison Harbor, Iowa: House Document Numbered 507, Eighty-ninth Congress, at an estimated cost of $975,000; BEACH EROSION

Ocracoke Inlet to Beaufort Inlet, North Carolina: House Document Numbered 509, Eighty-ninth Congress, at an estimated cost of $5,800,000; Mullet Key, Florida: House Document Numbered 516, Eighty-ninth Congress, at an estimated cost of $286,000; Pinellas County, Florida: House Document Numbered 519, Eightyninth Congress, at an estimated cost of $116,000; 65-300 0-67—91

^^ s*^*- ^o-

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Surveys.

64 Stat. 168.

Stone Arch Bridge, Minneapo l i s, Minn. 46 Stat. 927.

Illinois and Michigan Canal.

Report to Congress. East St. Louis and Chester, 111., bridges. 60 Stat. 847. 33 USC 525 note. 60 Stat. 891.

53 Stat. 1058. 54 Stat. 765. 7 2 Stat. 35 5.

PUBLIC LAW 89-789-NOV. 7, 1966

[80 STAT.

San Diego (Sunset Cliff's), California: House Document Numbered 477, Eighty-ninth Congress, at an estimated cost of $809,000. SEC. 102. The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following named localities and subject to all applicable provisions of section 110 of the River and Harbor Act of 1950: Mexico Beach, Florida. Great Lakes, particularly Lake Ontario and Lake Erie, in connection with water supply, pollution abatement, navigation, flood control, hydroelectric power, and related water resources development and control. SEC. lOS. The project for navigation on the Upper Mississippi River from the Illinois River to Minneapolis, Minnesota, authorized by the Act of July 30, 1930, as extended and amended, is hereby modified to authorize the Secretary of the Army to reimburse any common carrier by railroad for the cost of permanent reconstruction and repair of the Stone Arch Bridge at Minneapolis, Minnesota, performed by such carrier, to repair the damage to such bridge caused by floods during April and May 1965, except that such reimbursement shall not exceed $700,000. SEC. 104. The Secretary of the Army is authorized and directed to cause an immediate study to be made, under the direction of the Chief of Engineers, in cooperation with appropriate agencies and representatives of the State of Illinois, of the Illinois and Michigan Canal, its lands and appurtenances extending from Chicago to the Illinois River at La Salle as constructed by the State of Illinois pursuant to the provisions, as applicable, of the Acts of March 30, 1822 (3 Stat. 659), March 2, 1827 (4 Stat. 234), and March 2, 1833 (4 Stat. 662) with a view toward determining (1) those portions no longer required for navigation, (2) the feasibility and advisability of declaring such portions abandoned as a navigable waterway, and (3) procedures for releasing and quitclaiming to the State of Illinois the reversionary interests of the United States in such lands not required for navigation purposes. The Secretary shall report to the Congress the results of such study together with his recommendations thereon not later than one year after the date of enactment of this Act. SEC. 105. Notwithstanding any provision in the General Bridge Act of 1946 or any other Act of Congress, in the case of the bridge constructed by the city of East Saint Louis, Illinois, across the Mississippi River, pursuant to Public Law Numbered 639, enacted by the Seventyninth C o n f e s s of the United States of America at the second session, and the bridge constructed across the Mississippi River by the city of Chester, Illinois, pursuant to Public Law Numbered 191, enacted by the Seventy-sixth Congress of the United States of America, as amended by Public Law Numbered 751, enacted by the Seventy-sixth Congress of the United States of America, and Public Law Numbered 85-512, enacted by the Eighty-fifth Congress of the United States of America at the second session, if the applicable law of the State of Illinois provides or permits the establishment of reasonable tolls sufficient for the reasonable cost of maintaining, operating, and repairing said bridges and the approaches thereto under economical management, and provide a sinking fund to amortize the cost of any bonds or other obligations issued to finance such cost, including reasonable interest and financing costs as soon as possible under reasonable charges and within the period of thirty years from completion, reconstruction, repair, and improvement of such bridge or extensions thereof, and permits or provides the transfer to said city of any surplus income to the city to be used for a proper public purpose, and each of

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said cities have adopted instruments authorizing construction of said bridges and by such instruments provided for the financing of the same under the applicable State statutes, including the transfer of surpluses to said cities for a proper public purpose, then each such city may, prior to January 1, 1969, charge tolls in the manner and to the extent provided in such instruments, and all collections from such bridges heretofore retained or transferred to said cities shall be valid collections, and may be retained by said cities and used and applied for a proper purpose. An accurate record of the cost of each such bridge and the approaches thereto, the expenditures for maintaining, operating, and repairing the same, including amounts transferred to the cities in accordance with the terms of any instrument adopted by said cities for financing the cost of the bridge and the daily tolls collected, shall be kept and shall be available for the information of all persons int^ested. SEC. 106. (a) The consent and approval of Congress is given to J"^'^®'^*^°™' the compact between the States of Missouri and Illinois creating a consent of Missouri-Illinois-Jefferson-Monroe Bridge Commission which reads congress. as follows: "COMPACT B E T W E E N I L L I N O I S A N D M I S S O U K I C R E ATING A MISSOURI-ILLINOIS-JEFFERSON-MONROE BRIDGE COMMISSION "ARTICLE

I

"There is hereby created a Missouri-Illinois-Jefferson-Monroe Bridge Commission (hereinafter referred to as the commission) which shall be a body corporate and politic and which shall have the following powers and duties; " 1. To plan, construct, maintain and operate a bridge and approaches thereto across the Mississippi River at or near Crystal City, Missouri, at a point deemed by the commission as most suitable to the interests of the citizens of the States of Illinois and Missouri in accordance with the provisions of an act of the Seventy-ninth Congress, Second Session, of the United States entitled 'The General Bridge Act of 1946'; .... "2. To purchase, maintain and, in its discretion, to operate all or any ferries across the Mississippi River within twenty-five miles of the site selected for the bridge; "3. To contract, to sue and be sued in its own name; to purchase or otherwise acquire, hold and dispose of real and personal property; "4. To acquire by proper condemnation proceedings such real property as may be necessary for the construction and operation of the bridge and the approaches thereto; "5. To issue bonds on the security of the revenue derived from the operation of the bridge and ferries for the payment of the cost of the bridge, its approaches, ferry or ferries, and the necessary lands, easements and appurtenances thereto including interest during construction and all necessary engineering, legal, architectural, traffic surveying and other necessary expenses. Such bonds shall be the negotiable bonds of the commission, the income of which shall be tax free. The principal and interest of the bonds, and any premiums to be paid for their retirement before maturity, shall be paid solely from the revenues derived from the bridge and ferries; "6. To establish and charge tolls for transit over such bridge and ferries in accordance with the provisions of this compact; "7. To perform all other necessary and incidental functions.

eo Stat. 847.

33 USC 525 note.

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PUBLIC LAW 89-789-NOV. 7, 1966

[80 STAT.

"ARTICLE II

"The rates of tolls to be charged for transit over such bridge and ferries shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintenance, repairs and operation (including the approaches to the bridge) under economical management, and also to provide a sinking fund sufficient to pay the principal and interest of the outstanding bonds. All tolls and other revenues derived from facilities of the commission are hereby pledged to such uses. "ARTICLE III

"The commission shall keep an accurate record of the cost of the bridge and of other expenses and of the daily revenues collected and shall report annually to the governor of each state setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder. "ARTICLE

IV

"When the bonds have been retired, the part of the bridge within the state of Illinois shall be conveyed to the state of Illinois, and that part within the state of Missouri to the state of Missouri, and the high contracting parties to this compact do hereby agree that thereafter the bridge shall be free of tolls and shall be properly maintained, operated and repaired by the two states as may be agreed upon. "ARTICLE

V

"The commission shall consist of ten members, five of whom shall be qualified electors of the state of Illinois and shall reside in Monroe County^ or counties adjacent thereto, Illinois, and five of whom shall be qualified electors of the state of Missouri and shall reside in Jefferson County, or counties adjacent thereto, Missouri. The Illinois members are to be chosen by the state of Illinois, and the Missouri members by the state of Missouri in the manner and for the terms fixed by the legislature of each state, except as herein provided. "ARTICLE

VI

" 1. The commission shall elect from its number a chairman and a vice-chairman, and may appoint such officers and employees as it may require for the performance of its duties and shall fix and determine their qualifications and duties. "2. Until otherwise determined by the legislatures of the two states no action of the commission shall be binding unless taken at a meeting at which at least three members from each state are present and unless a majority of the members from each state present at such meeting shall vote in favor thereof. Each state reserves the right hereafter to provide by law for the exercise of the veto power by the governor thereof over any action of any commissioner appointed therefrom. "3. The two states shall provide penalties for violations of any order, rule or regulation of the commission, and for the manner of enforcing same. "ARTICLE

VII

"The commission is authorized and directed to proceed with the planning and construction of the bridge and the approaches thereto as rapidly as may be economically practicable and is hereby vested

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PUBLIC LAW 89-789-NOV. 7, 1966

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with all iiecessarj and appropriate powers, not inconsistent wit!) the fonstitution or the hiMS of the United States or of eitlier state, to i^^'ert the same, except the power to assess or levy taxes. "ARTIOLK VII E

"In witness thereof, we have hereunto set our hands and seals under authority vested in us by law." (b) The right to alter, amend, or repeal this section is expiessly reserved. SEC. 107. (a) The consent of Congress is hereby given to the coni- interstate compact, signed by the compact representatives for the States of Kansas ^^consent of conand Oklahoma on the 81st day of March 1965, at Wichita, Kansas, gress. and thereafter ratified by the legislature of each of the States aforesaid, which compact is as follows: " A K K A X S A S R IV E R B A S I N COMPACT, KANSASOKLAHOMA ''The state of Kansas and the state of Oklahoma, acting through their duly authorized compact representatives, Robert L. Smith and Warden L. Noe, for the state of Kansas, and Geo. R. Benz and Frank Raab, for the state of Oklahoma, after negotiations participated in by Trigg Twichell, appointed by the president as the representative of the United States of America, and in accordance with the consent to such negotiations granted by an act of congress of the United States of America, approved August 11, 1955 (Public Law 340, 84th congress, 1st session), have agreed as follows respecting the waters of the Arkansas river and its tributaries: "ARTICLE I

"The major purposes of this compact are: A. To promote interstate comity between the states of Kansas and Oklahoma; " B. To divide and apportion equitably between the states of Kansas and Oklahoma the waters of the Arkansas river basin and to promote the orderly development thereof; "C. To provide an agency for administering the water apportionment agreed to herein; " D. To encourage the maintenance of an active pollution-abatement program in each of the two states and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas river basin. "ARTICLE

II

"As used in this compact: A. The term 'state' shall mean either state signatory hereto and shall be construed to include any person or persons, entity or agency of either state who, by reason of official responsibility or by designation of the governor of that state, is acting as an official representative of that state; " B. The term 'Kansas-Oklahoma Arkansas river commission' or the term 'commission' means the agency created by this compact for the administration thereof; "C. The term 'Arkansas river' means that portion of the Arkansas river from a point immediately below the confluence of the Arkansas and Little Arkansas rivers in the vicinity of Wichita, Kansas, to a point immediately below the confluence of the Arkansas river with the Grand-Neosho river near Muskogee, Oklahoma;

69 Stat. esi.

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PUBLIC LAW 89-789-NOV. 7, 1966

[80 STAT.

"D. The term 'Arkansas river basin' means all of the drainage basin of the Arkansas river as delimited above, including all tributaries which empty into it between the upstream and downstream limits; " E. The term 'waters of the Arkansas river and its tributaries' means the waters originating in the Arkansas river basin; " F. The term 'conservation storage capacity' means that portion of the active storage capacity of reservoirs, including multipurpose reservoirs, with a conservation storage capacity in excess of 100 acre-feet, available for the storage of water for subsequent use, but it excludes any portion of the storage capacity allocated to flood and sediment control and inactive storage capacity allocated to other uses; "G. The term 'new conservation storage capacitj^' means conservation storage capacity for which construction is initiated after July 1, 1963, and storage capacity not presently allocated for conservation storage which is converted to conservation storage capacity after July 1, 1963, in excess of the quantities of declared conservation storage capacity as set forth in the storage table attached to and made a part of the minutes of the twenty-fourth meeting of the compact committee dated September 1, 1964, and as filed and identified to this compact in the offices of the secretaries of state of the respective states; " H. The term 'pollution' means contamination or other alterations of the physical, chemical, biological or radiological properties of water or the discharge of any lic^uid, gaseous, or solid substances into any waters which creates or is likely to result in a nuisance, or which renders or is likely to render the waters into which it is discharged harmful, detrimental or injurious to public health, safety, or welfare or which is harmful, detrimental or injurious to beneficial uses of the water. "ARTICLE

III

"The physical and other conditions peculiar to the Arkansas river basin constitute the basis for this compact, and neither of the states hereby, nor the congress of the United States by its consent hereto, concedes that this compact establishes any general principle with respect to any other interstate stream, "ARTICLE

IV

"A. For the purpose of apportionment of water between the two states, the Arkansas river basin is hereby divided into major topographic subbasins as follows: (1) The Grand-Neosho river subbasin; (2) the Verdigris river subbasin; (3) the Salt Fork river subbasin; (4) the Cimarron river subbasin; and (5) the mainstem Arkansas river subbasin which shall consist of the Arkansas river basin, excepting the Grand-Neosho river, Verdigris river. Salt Fork river, and Cimarron river subbasins. " B. The two states recognize that portions of other states not signatory to this compact lie within the drainage area of the Arkansas river basin as herein defined. The water apportionments provided for in this compact are not intended to affect nor do they affect the rights of such other states in and to the use of the waters of the basin. "ARTICLE

V

"The state of Kansas shall have free and unrestricted use of the waters of the Arkansas river basin within Kansas subject to the provisions of this compact and to the limitations set forth below: "A. New conservation storage capacity in the Grand-Neosho river subbasin within the state of Kansas shall not exceed 650,000 acre-feet

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plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma excepting storage on Spavmaw creek; " B. New conservation storage capacity in the Verdigris river subbasin within the state of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma, excepting navigation capacity allocated in Oologah reservoir; "C. New conservation storage capacity in the mainstem Arkansas river subbasin within the state of Kansas shall not exceed 600,000 acrefeet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma; "D. New conservation storage capacity in the Salt Fork river subbasin within the state of Kansas shall not exceed 300,000 acre-feet plus an additional capacity equal to the new conservation storage in said drainage basin in Oklahoma; " E. New conservation storage capacity in the Cimarron river subbasin within the state of Kansas shall not exceed 5,000 acre-feet, provided that new conservation storage capacity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval of the commission. "ARTICLE

VI

"The state of Oklahoma shall have free and unrestricted use of the waters of the Arkansas river basin within Oklahoma subject to the provisions of this compact and to the limitations set forth below: "New conservation storage capacity in the Cimarron river subbasin within the state of Oklahoma shall not exceed 5,000 acre-feet provided that new conservation storage capacity in excess of that amount may be constructed if specific project plans have first been submitted to and have received the approval of the commission. "ARTICLE VII

"A. The commission shall determine the conditions under which one state may construct and operate for its needs new conservation storage capacity in the other state. The construction or utilization of new conservation storage capacity by one state in the other state shall entitle the state whose storage potential is reduced by such construction to construct an equal amount of new conservation storage in a subbasin agreeable to the commission. "B. New conservation storage capacity constructed by the United States or any of its agencies, instrumentalities or wards, or by a state, political subdivision thereof, or any person or persons shall be charged against the state in which the use is made. "C. Each state has the unrestricted right to replace within the same subbasin, any conservation storage capacity made unusable by any cause. "D. In the event reallocation of storage capacity in the Arkansas river basin in Oklahoma should result in the reduction of that state's new conservation storage capacity, such reallocation shall not reduce the total new conservation storage capacities available to Kansas under Article V; provided that a subsequent reinstatement of such storage capacity shall not be charged as an increase in Oklahoma's new conservation storage capacity. "ARTICLE

VIII

"A. I n the event of importation of water to a major subbasin of the Arkansas river basin from another river basin, or from another major

1411

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PUBLIC LAW 89-789-NOV. 7, 1966

[80 STAT.

subbasin within the same state, the state making the importation shall have exclusive use of such imported waters. " B. In the event of exportation of water from a major subbasin for use in another major subbasin or for use outside the Arkansas river basin within the same state, the limitations of Articles V and VI on new conservation capacity shall apply against the subbasin from which the exportation is made in the amount of the storage capacity actually used for that purpose within the exporting subbasin or, in the event of direct diversion of water without storage, on the basis of five acre-feet of conservation storage capacity for each acrefoot of water on the average so diverted annually. "C. Any reservior storage capacity which is required for the control and utilization of imported waters shall not be accounted as new conservation storage. "D. Should a transbasin diversion of water of the Arkansas river basin be made in one state for the use and benefit of the other state or both states, the commission shall determine a proper accounting of new conservation storage capacities in each state in accordance with the above principles and with the project uses to be made in that state. "ARTICLE

IX

"The states of Kansas and Oklahoma mutually agree to: A. The principle of individual state effort to abate man-made pollution within each state's respeclive borders, and the continuing support of both states in an active pollution-abatement program; " B. The cooperation of the appropriate state agencies in Kansas and Oklahoma to investigate and abate sources of alleged interstate pollution within the Arkansas river basin whenever such matters are called to their attention by the commission; "C. Enter into joint programs for the identification and control of sources of natural pollution within the Arkansas river basin which the commission finds are of interstate significance; "D. The principle that neither state may require the other to provide water for the purpose of water-quality control as a substitute for adequate waste treatment; " E. Utilize the provisions of the federal water pollution control act in the resolution of any pollution problems which cannot be resolved within the provisions of this compact. "ARTICLE

X

"A. There is hereby created an interstate administrative agency to be known as the 'Kansas-Oklahoma Arkansas river commission.' The commission shall be composed of three commissioners representing each of the states of Kansas and Oklahoma who shall be appointed by the governors of the respective states and, if designated by the president, one commissioner representing the United States. The president is hereby requested to designate a commissioner and an alternate representing the United States. The federal commissioner, if one be designated, shall be the presiding officer of the commission, but shall not have the right to vote in any of the deliberations of the commission. " B. One Kansas commissioner shall be the state official who now or hereafter shall be responsible for administering water law in the state; the other two commissioners shall reside in the Arkansas river basin in Kansas and shall be appointed to four-year staggered terms. " C One Oklahoma commissioner shall be the state official who now or hereafter shall be responsible for administering water law in the state; the other two commissioners shall reside in the Arkansas river

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