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535

of organization, delivery, or financing of health services, including, among others— " (A) projects for the construction of units of hospitals, facilities for long-term care, or other medical facilities which involve experimental architectural designs or functional layout or use of new materials or new methods of construction, the efficiency of which can be tested and evaluated, or which involve the demonstration of such efficiency, particularly projects which also involve research, experiments, or demonstrations relating to delivery of health services, and " (B) projects for development and testing of new equipment and systems, including automated equipment, and other new technology systems or concepts for the delivery of health services, and " (C) projects for research and demonstration in new careers in health manpower and new ways of educating and utilizing health manpower. "(b) Except where the Secretary determines that unusual circum- Cost limitation. stances make a larger percentage necessary in order to effectuate the purposes of this section, a grant or contract under this section with respect to any project for construction of a facility or for acquisition of equipment may not provide for payment of more than 50 per centum of so much of the cost of the facility or equipment as the Secretary 78 Stat. 454. determines is reasonably attributable to research, experimental, or 42 USC 29 l e. demonstration purposes. The provisions of clause (5) of the third sentence of section 605(a) and such other conditions as the Secretary may determine shall apply with respect to grants or contracts under rhis section for projects for construction of a facility or for acquisition of equipment. "(c) Payments of any grants or under any contracts under this section may be made in advance or by way of reimbursement, and in such installments and on such conditions as the Secretary deems necessary to carry out the purposes of this section. "(d) There are authorized to be appropriated for payment of Appropriation. grants or under contracts under this section $20,000,000 for the fiscal year ending June 30, 1968, $40,000,000 for the fiscal year ending June 30, 1969, and $60,000,000 for the fiscal year ending June 30, 1970; Program evaluexcept that, for any fiscal year ending after June 30, 1968, such por- ation. tions of such sums as the Secretary may determine, but not exceeding 1 per centum thereof, shall be aA'ailable to the Secretary for evaluation (directly or by grants or contracts) of the program authorized by this section." (b) Effective with respect to appropriations for fiscal years ending after June 30, 1967— Repeal. (1) section 624 of such Act is repealed; and 78 Stat. 459. (2) the first sentence of section 314(e) of such Act is amended 42 USC 29 In. by inserting "or" at the end of clause (1), by striking out clause Ante, p. 534. (3), by striking out ", or" at the end of clause (2), by inserting "(including related t r a i n i n g) " after "providing services" in clause (1), and by amending clause (2) to read: "(2) developing and supporting for an initial period new programs of health services (including related training)". Unobligated Any sums appropriated for the fiscal year ending June 30, 1968, funds, availafor carrying out such sections 624 and 314(e)(3) which remain biuty unobligated on the date of enactment of this Act shall be available for carrying out section 304 of the Public Health Service Act, and the Ante, p. 5 34. total of such sums (and any portion of the appropriations for such year for such purpose obligated prior to such date of enactment in carrying out such sections) shall be deducted from the authorization for such year contained in such section 304.

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PUBLIC LAW 90-174-DEC. 5, 1967 COOPERATION W I T H STATES I N

58 Stat. 6 9 3; 80 Stat. 1190.

Reimbursement of U.S.

[81 STAT.

EMERGENCIES

SEC. 4. Section 311 of the Public Health Service Act (42 TJ.S.G. 243) is amended by inserting at the end thereof the following new subsection: "(c) The Secretary may enter into agreements providing for cooperative planning between Public Health Service medical facilities and community health facilities to cope with health problems resulting from disasters, and for participation by Public Health Service medical facilities in carrying out such planning. H e may also, at the request of the appropriate State or local authority, extend temporary (not in excess of forty-five days) assistance to States or localities in meeting health emergencies of such a nature as to warrant Federal assistance. The Secretary may require such reimbursement of the United States for aid (other than planning) under the preceding sentences of this subsection as he may determine to be reasonable under the circumstances. Any reimbursement so paid shall be credited to the applicable appropriation of the Public Health Service for the year in which such reimbursement is received." CLINICAL, LABORATORIES I ] M P R 0 V E M E N T

Clinical Laboratories Improvement Act of 1967. 58 Stat. 702.

SEC. 5. (a) Part F of title III of the Public Health Service Act (42 U.S.C. 262-3) is amended by changing the title to read: "LICEN'STNG—BIOLOGICAL P R O D U C T S A N D C L I N I C A L LABORAT O R I E S ", and by adding after section 352 (42 U.S.C. 263) the following new section: "LICENSING OF

"Laboratory, * " c l i n i c a l laboratory."

"Interstate commerce."

Exemption.

Standards.

LABORATORIES

"SEC, 353. (a) As used in this section— "(1) the term 'laboratory' or 'clinical laboratory' means a facility for the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body, for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, man; "(2) The term 'interstate commerce' means trade, traffic, commerce, transportation, transmission, or communication between any State or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, and any place outside thereof, or within the District of Columbia. " (b)(1) No person may solicit or accept in interstate commerce, directly or indirectly, any specimen for laboratory examination or other laboratory procedures, unless there is in effect a license for such laboratory issued by the Secretary under this section applicable to such procedures. "(2) The Secretary shall by regulation exempt from the provisions of this section laboratories whose operations are so small or infrequent as not to constitute a significant threat to the public health. "(c) A license issued by the Secretary under this section may be applicable to all laboratory procedures or only to specified laboratory procedures or categories of laboratory procedures. " (d)(1) A license shall not be issued in the case of any clinical laboratory unless (A) the application therefor contains or is accompanied by such information as the Secretary finds necessary, and (B) the applicant agrees and the Secretary determines that such laboratory will be operated in accordance with standards found necessary by the Secretary to carry out the purposes of this section. Such standards shall be designed to assure consistent performance by the laboratories

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of accurate laboratory procedures and services, and shall include, among others, standards to assure— " (i) maintenance of a quality control program adequate and appropriate for accuracy of the laboratory procedures and services; "(ii) maintenance of records, equipment, and facilities necessary to proper and effective operation of the laboratory; "(iii) qualifications of the director of the laboratory and other supervisory professional personnel necessary for adequate and effective professional supervision of the operation of the laboratory (which shall include criteria relating to the extent to which training and experience shall be substituted for education); and "(iv) participation in a proficiency testing program established by the Secretary. "(2) A license issued under this section shall be valid for a period of three years, or such shorter period as the Secretary may establish for any clinical laboratory or any class or classes thereof; and may be renewed in such manner as the Secretary may prescribe. The provisions of this section requiring licensing shall not apply to a clinical laboratory in a hospital accredited by the Joint Commission on the Accreditation of Hospitals or by the American Osteopathic Association, or a laboratory which has been inspected and accredited by such commission or association, by the Commission on Inspection and Accreditation of the College of American Pathologists, or by any other national accreditation body approved for the purpose by the Secretary, but only if the standards applied by such commission, association, or other body in determining whether or not to accredit such hospital or laboratory are equal to or more stringent than the provisions of this section and the rules and regulations issued under this section, and only if there is adequate provision for assuring that such standards continue to be met by such hospital or laboratory; provided that any such laboratory shall be treated as a licensed laboratory for all other purposes of this section. "(3) The Secretary may require payment of fees for the issuance and renewal of licenses, but the amount of any such fee shall not exceed $125 per annum. "(e) A laboratory license may be revoked, suspended, or limited if the Secretary finds, after reasonable notice and opport;unity for hearing to the owner or operator of the laboratory, that such owner or operator or any employee of the laboratory— "(1) has been guilty of misrepresentation in obtaining the license; "(2) has engaged or attempted to engage or represented himself as entitled to perform a n j laboratory procedure or category of procedures not authorized in the license; "(3) has failed to comply with the standards with respect to laboratories and laboratory personnel prescribed by the Secretary pursuant to this section; "(4) has failed to comply with reasonable requests of the Secretary for any information or materials, or work on materials, he deems necessary to determine the laboratory's continued eligibility for its license hereunder or continued compliance with the Secretary's standards hereunder; "(5) has refused a request of the Secretary or any Federal officer or employee duly designated by him for permission to inspect the laboratory and its operations and pertinent records at any reasonable time; or "(6) has violated or aided and abetted in the violation of any provisions of this section or of any rule or regulation promulgated thereunder.

537

Period of validity.

License fees.

Revocation, etc.

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[81 STAT.

" (f) Wlieiiever the Secretary has reason to believe that continuation of any activity by a hiboratory licensed under this section would constitute an imminent hazard to the public health, he may bring suit in the district court for the district in which such laboratory is situated to enjoin continuation of such activity and, upon proper showing, a temporary injunction or restraining order against continuation of such activity pending issuance of a final order under this section shall be granted without bond by such court. Judicial review. " (g) (^^ j^^^j party aggrieved by any final action taken under subsection (e) of this section may at any time within sixty days after the date of such action file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for judicial review of such action. A copy of- the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record on which the action of the Secretary is based, as provided in section 2112 of title 28, J?.^*^^-A1^' United States Code. 80 Stat. 1323. "(2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendations, if any, for the modification or setting aside of his original action, with the return of such additional evidence. "(3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to affirm the action, or to set it aside in whole or in part, temporarily or permanently. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive. "(4) The judgment of the court affirming or setting jvside, in whole or in part, any such action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or 62 Stat. 928. certification as provided in section 1254 of title 28, United States Code. Penalty. " (h) Any person who willfully violates any provision of this section or any rule or regulation promulgated thereunder shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both such imprisonment and fine. Exemptions. «(-^ rpj^^ provisions of this section shall not apply to any clinical laboratory operated by a licensed physician, osteopath, dentist, or podiatrist, or group thereof, who performs or perform laboratory tests or procedures, personally or through his or their employees, siolely as an adjunct to the treatment of his or their own patients; nor shall such provisions apply to any laboratory with respect to tests or other procedures made by it for any person engaged in the business of insurance if made solely for purposes of determining whether to write an insurance contract or of determining eligibility or continued eligibility for payments thereunder. " (j) I n carrying out his functions under this section, the Secretary is authorized, pursuant to agreement, to utilize the services or facilities of any Federal or State or local public agency or nonprofit private agency or organization, and may pay therefor in advance or by way of reimbursement, and in such installments, as he may determine.

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" (k) Nothing in this section shall be construed as affecting the power of any State to enact and enforce laws relating to the matters covered by this section to the extent that such laws are not inconsistent with the provisions of this section or with the rules and regulations issued under this section. "(1) Where a State has enacted or hereafter enacts laws relating to matters covered by this section, which provide for standards equal to or more stringent than the provisions of this section or than the rules and regulations issued under this section, the Secretary may exempt clinical laboratories in that State from compliance with this section." (b) The amendment made by subsection (a) shall become effective on the first day of the thirteenth month after the month in which it is enacted, except that the Secretary of Health, Education, and Welfare may postpone such effective date for such additional period as he finds necessary, but not beyond the first day of the 19th month after such month in which the amendment is enacted. (c) This section may be cited as the "Clinical Laboratories Improvement Act of 1967".

539

Effective date.

Short title.

VOLUNTEER SERVICES

SEC. 6. Title II of the Public Health Service Act is amended by adding after section 222 (42 U.S.C. 217a) the following new section: "VOLUNTEER

58 Stat. 683. 42 USC 202 et seq-

SERVICES

"SEC. 223. Subject to regulations, volunteer and uncompensated services may be accepted by the Secretary, or by any other officer or employee of the Department of Health, Education, and Welfare designated by him, for use in the operation of any health care facility or in the provision of health care." COOPERATION AS TO MEDICAL CARE FACILITIES AND RESOURCES

SEC. 7. Part C of title III of the Public Health Service Act is ^ l'^^ ^l^'^, amended by adding after section 327 (42 U.S.C. 254) the following new seq. section: "SHARING OF MEDICAL CARE FACILITIES AND RESOURCES

"SEC. 328. (a) For purposes of this section— " (1) the term 'specialized health resources' means health care resources (whether equipment, space, or personnel) which, because of cost, limited availability, or unusual nature, are either unique in the health care community or are subject to maximum utilization only through mutual use; "(2) the term 'hospital', unless otherwise s]:)ecified, includes (in addition to other hospitals) any Federal hospital. "(b) For the purpose of maintaining or improving the quality of care in Public Health Service facilities and to provide a professional environment therein which will help to attract and retain highly qualified and talented health personnel, to encourage mutually beneficial relationships between Public Health Service facilities and hospitals and other health facilities in the health care community, and to promote the full utilization of hospitals and other health facilities and resources, the Secretary may— "(1) enter into agreements or arrangements with schools of medicine, and with other health schools, agencies, or institutions, for such interchange or cooperative use of facilities and services on a reciprocal or reimbursable basis, as will be of benefit to the

"Specialized health re sour ce s."

"Hospital."

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xxiv in any future prosecution for a seditious libel, the jury should bring in a verdict of acquittal, not warranted by the evidence, it will be owing to the false and absurd doctrines laid down by Lord Mansfield. Disgusted at the odious artifices made use of by the judge to mislead and perplex them, guarded against his sophistry, and convinced of the falsehood of his assertions, they may, perhaps, determine to thwart his detestable purpose, and defeat him at any rate. To him, at least, they will do substantial justice.—Whereas, if the whole charge laid in the information be fairly and honestly submitted to the jury, there is no reason whatsoever to presume that twelve men, upon their oaths, will not decide impartially between the King and the defendant. The numerous instances, in our state trials, of verdicts recovered for the King, sufficiently refute the false and scandalous imputations thrown out by the abettors of Lord Mansfield, upon the integrity of juries.—But, even admitting the supposition, that, in times of universal discontent, arising from the notorious mal-administration of public affairs, a seditious writer should escape punishment, it makes nothing against my general argument. If juries are fallible, to what other tribunal shall we appeal?—If juries cannot safely


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[81 STAT.

traiiiiiio- or researoh prog-rams of the participating aoencies; aiul "(2) enter into agreements or arrangements with hospitals and other health care facilities for the nnitual use or the exchange of use of specialized health resources, and providing for reciprocal reimbursement. Any reimbursement pursuant to any such agreement or arrangement shall be based on charges covering the reasonable cost of such utilization, including normal depreciation and amortization costs of equipment. Any proceeds to the Government under this subsection shall be credited to the applicable appropriation of the l*ublic Health Service; for the year in which such proceeds are receiA^ed.'' TROGRAM E V A L U A n O N

Ante, p. 534.

535"'*' ^''" ^^'^'

Ante, p. 534.

SEC. 8. (a) Paragraph (1) of section 314(d) of the Public Heakh Servicc Act is amended by inserting before the period at the end thereof the following: ", except that, for any fiscal year ending after June 30, 1968, such portion of such sums as the Secretary may determine, but not exceeding 1 per centum thereof, shall be available to the Secretary for evaluation (directly or by grants or contracts) of the program authorized by this subsection and the amount available for allotments hereunder shall be reduced accordingly"'. 0^) Section 314(e) of such Act is amended by inserting at the end thereof the following new sentence: "For any fiscal year ending after June 30, 1968, such portion of the appropriations for grants under this subsection as the Secretary may determine, but not exceeding 1 per centum thereof, shall be available to the Secretary for evaluation (directly or by grants or contracts) of the program authorized by this subsection." ^^^ Section 309(c) of such Act is amended by inserting " (1) ' ' after "except that" and by inserting before the period at the end thereof the following: ", and (2) for any fiscal year ending after June 30, 1968, such portions of the funds made available under this subsection as the Secretary may determine, but not exceeding 1 per centum thereof, shall be available to the Secretary for evaluation (directly or by grants or contracts) of the program authorized by this subsection"'. RESEARCH CONTRACT

79 Stat. 448.

SEC. 9. Paragraph (h) of section 301 of the Public Health Service \(,^ (42 TJ.S.C. 241) is amended by striking out "two succeeding fiscal years" and by inserting in lieu thereof "five succeeding fiscal years"'. MEDICAL

58 Stat. 697.

80 Stat. 600.

AtTTIIORmr

CARE

FOR FEDERAL E M P L O Y E E S Al^ REMOTE SERVICE

STATIONS OF

THE

SEC. 10. (a) Section 324 of the Public Health Service Act (42 U.S.C. 251) is amended by inserting " (a) " immediately after "SEC. 324." and by redesignating clauses (a) through (d) of such section, and references thereto, as clauses (1) through (4). (b) Section 324 of such Aot is further amended by adding at the end thereof the following new subsection: " (b) The Secretary is authorized to provide medical, surgical, and dental treatment and hospitalization and optometric care for Federal employees (as defined in section 8901(1) of title 5 of the United States Code) and their dependents at remote medical facilities of the Public Health Service where such care and treatment are not otherwise available. Such employees and their dependents who are not entitled to this care and treatment under any other provision of law shall be charged for it at rates established by the Secretary to i*eflect the reavSonable cost

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of providing the care and treatment. Any payments pursuant to the preceding sentence shall be credited to the applicable appropriation to the Public Health Service for the year in which such payments are received." (c) Paragraph (7) of subsection (a) of section 322 of such Act is amended to read as follows: "(7) Seamen-trainees, while participating in maritime training programs to develop or enhance their employability in the maritime industry; and".

541

58 Stat. 696. 42 USC 249.

PROJECTS FOR H O S P I T A L E X P E R I M E X T A T I O N, LOANS FOR INCREASED COSTS

SEC. 11. Title VI of the Public Health Service Act is amended by H J'g^^' ^^l: inserting immediately after section 623 the following new section: 29lo. '"LOANS FOR CERTAIN H O S P I T A L E X P E R I M E N T A T I O N PROJECTS

"SEC. 623A. (a) In order to alleviate hardship on any recipient of a grant under section 636 of this title (as in effect immediately before the enactment of the Hospital and Medical Facilities Amendments of 1964) for a project for the construction of an experimental or demonstration facility having as its specific purpose the application of novel means for the reduction of hospital costs with respect to which there has been a substantial increase in the cost of such construction (over the estimated cost of such project on the basis of which such grant was made) through no fault of such recipient, the Secretary is authorized to make a loan to such recipient not exceeding 66% per centum of such increased costs, as determined by the Secretary, if the Secretary determines that such recipient is unable to obtain such an amount for such purpose from other public or private sources. " (b) Any such loan shall be made only on the basis of an application submitted to the Secretary in such form and containing such information and assurances as he may prescribe. "(c) Each such loan shall bear interest at the rate of 21^ per centum per annum on the unpaid balance thereof and shall be repayable over a period determined by the Secretary to be appropriate, but not exceeding fifty years. "(d) There are hereby authorized to be appropriated $3,500,000 to carry out the provisions of this section."

63 Stat. 900; 75 Stat. 825. 42 USC 291n note. 78 Stat. 447. 42 USC 291 note.

Interest.

Appropriation.

MINOR OR TECHNICAL AMENDMENTS

SEC. 12. (a) Section 806(c)(1) of the Public Health Service Act (42 U.S.C. 296e(c)(1)) is amended by inserting after "from a loan fund established pursuant to section 822" the following: "or from sums paid by the Secretary from the revolving fund created by section 827(d), or a nursing educational opportunity grant payment made pursuant to section 862". (b) The second sentence of section 312 of such Act (42 U.S.C. 244) is amended by inserting "and officials of other State or local public or private agencies, institutions, or organizations" after "such health authorities". (c) Section 725(a) of such Act (42 U.S.C. 293e(a)) is amended by striking out "twelve" and inserting in lieu thereof "thirteen". (d) Section 314(f) of such Act is amended by— (1) inserting "for" before "the expenses of travel" in paragraph (5); (2) striking out "Service" and inserting in lieu thereof "Department" in paragraphs (6) and (8).

Nurse training. 78 Stat. 9 12.

80 Stat. 1234. 42 USC 297f. 80 Stat. 1237. 42 USC 293C-1. Health conferences. 60 Stat. 424. Advisory council, membership. 77 Stat. 169. P e r s o n n e l interchange with States. 80 Stat. 1186. 42 USC 246.

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 542 "Training center for allied health professions." 80 Stat. 1228. 42 USC 295h-4. Effective date.

PUBLIC LAW 90-175-DEC. 5, 1967

[81 STAT.

(e) Section 795(1)(A) (ii) of such Act is amended to read as follows: "'(ii) of education in optometric technology, dental hygiene, or curriculunis as are specified by regulation, and". (f) The amendment made by subsection (a) shall be effective as of Xovember 3, 1966. COMPREHENSIVE SURVEY

Report to gress.

SEC. 14, The Secretary of Health, Education, and Welfare, in consultation and cooperation with other officials of the Federal Government and of the States, shall make a comprehensive survey of the incidence and location of serious hunger and malnutrition and health problems incident thereto in the United States and shall report his findings and recommendations for dealing with these conditions to the Congress within six months from the date of enactment of this section. MEANING OF SECRETARY

SEC. 15. As used in the amendments made by this Act, the term "Secretary" means the Secretary of Health, Education, and Welfare. Approved December 5, 1967.

Public Law 90-175 December 5, 1967 [S. 1031]

Peace Corps. Appropriation authorization. 80 Stat. 764. 22 USC 2502.

AN ACT To amend further the Peace Corps Act (75 Stat. 612), as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3(b) of the Peace Corps Act, as amended, which authorizes appropriations to carry out the purposes of that Act, is amended by striking out "1967" and "$110,000,000" and substituting "1968" and "$115,700,000", respectively. Approved December 5, 1967.

Public Law 90-176 December 6, 1967

[H. R. 2529]

Washington Channel waterfront.

D.C Code 5-723.

AN ACT rp^j amend the Act of September 8, 1960, relating to the Washington Channel waterfront.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (1) the first sentence of section 4(b) of the Act entitled "An Act to authorize the Commissioners of the District of Columbia on behalf of the United States to transfer from the United States to the District of Columbia Kedevelopment Land Agency title to certain real property in said District", approved September 8, 1960 (74 Stat. 872), is amended by striking out "by reason of the enactment of the joint resolution approved August 28, 1958 (72 Stat. 983; Public Law 85-821),". (2) The second sentence of section 4(b) of such Act is amended by striking out "by reason of the operation of such joint resolution approved August 28, 1958,". (3) Section 4(b) of such Act is amended by inserting after the first sentence thereof the following: "The priority of opportunity created by this section is a personal right of the owners of businesses displaced. I n the event of the death of any such owner of any such displaced business, the spouse of such owner, or, if there is no spouse,

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Rh be trusted, shall we unite the offices of judge and jury, so wisely divided by the constitution, and trust implicitly to Lord Mansfield?—Are the judges of the court of King's Bench more likely to be unbiassed and impartial than twelve yeomen, burgesses, or gentlemen, taken indifferently from the county at large?—Or, in short, shall there be no decision, until we have instituted a tribunal from which no possible abuse or inconvenience whatsoever call arise?—If I am not grossly mistaken, these questions carry a decisive answer along with them.

cleared the freedom of the press from a restraint equally unnecessary and illegal, I return to the use which has been made of it in the present publication.

reflections, I confess, are not justified in theory, nor upon any general principles. To know how well they are deserved, and how justly they have been applied, we must have the evidence of facts before us. We must be conversant with the Scots in private life, and observe their principles of acting to us, and to each other;—the characteristic prudence, the selfish nationality, the indefatigable smile, the persevering assiduity,


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the children of such owner shall be entitled to exercise the priority of such owner in accordance with the provisions of this section, but in no event shall any such priority be otherwise transferable: Provided, hoice'ver^ That the spouse or the children, as the case may be, shall have no greater priority than the priority holder would have had if living. For purposes of exercising such priority, the spouse or children, as the case may be, shall be deemed to be owner of such business concern so displaced." (4) The last sentence in section 4(b) of such Act is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "except that if after the end of such one-hundred-and-eighty-day period the Agency shall change the terms under which real property is to be leased, or the redevelopment plan for the area described in the first section of this Act is changed so as to affect the economic value of the leasehold, the Agency shall in writing notify each such owner of the change or changes so made and give ' to such owner so notified a period of sixty days within which to advise the Agency in writing of his intention and to demonstrate his ability to proceed as aforesaid." (5) Section 4 of such Act is amended by adding at the end thereof the following new subsection: " (c)(1) Notwithstanding any other provision of law, whenever, pursuant to subsection (b), the Agency offers leaseholds to persons entitled to a priority of opportunity to lease under the provisions of this section, the annual rent prescribed in such lease shall not exceed an amount which is the greater of— " (A) an amount equal to 6 per centum of the residual value of the land for the prescribed use to which any owner of a displaced business concern shall put such land under such lease; " (B) the annual amount which the Agency shall be required to pay in principal and interest on a forty-year loan of an amount equal to the residual value of the land under such lease which value is the residual value of the land which was determined by. the Agency, in accordance with this subsection, and on the basis of which such land was initially leased under this section; or " (C) the sum of (i) the amount determined under subparagraph (A) or (B) of this paragraph, whichever is greater, and (ii) 50 per centum of the product of the occupancy cost factor for the class and character of the busine-ss of such lessee times the amount by which the lessee's actual annual gross sales income exceeds the estimated gross sales income (for the class and character of the displaced business) used by the Agency in determining the residual value of the land leased to such lessee. I n the case of any land which the Agency leases under this section, the annual rent prescribed by the Agency in the lease of such land shall not, during the forty-three-year period beginning on the date such land was first leased by the Agency under this section, be less than the amount determined under subparagraph (B) of this paragraph. I n the case of any land which the Agency leases under this section to a displaced business, the residual value of such land—" (I) may be redetermined by the Agency after the expiration of twenty-five years from the date such land was first leased by the Agency and at the end of each ten-year period thereafter, or " ( II) shall be redetermined by the Agency if at the end of the twenty-five-year period from the date such land was first leased by the Agency or at the end of each ten-year period thereafter, the lessee requests the Agency to redetermine such residual value. The residual value of such land shall make due allowance for the cost to the owner of the displaced business of all improvements and public 85-622 0-68—37

543

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D.C. Code 472601 et seq. 63 Stat. 119.

PUBLIC LAW 90-177-DEC. 6, 1967

[81 STAT.

charges on such land, and shall not exceed the maximum fair use value economically feasible to permit the restablishment of a business of the class and character of such displaced business. "(2) Each business holding a lease under this Act shall furnish annually to the Agency (on such date as the Agency may by regulation prescribe) a copy of the sales tax return filed by such business under the District of Columbia Sales Tax Act, which copy was furnished to the business under section 138(a) of such Act (D.C. Code, sec. 47-2615(a))." Approved December 6, 1967.

Public Law 90-177 December 6, 1967 [S. 706]

Shipping Act, amendment. 39 Stat. 737.

AN ACT To rtiueiul section 27 of the Shipping!: Act, 1!)1.

Be it eMaeted by the Senate and House of Repre>ientatives of the United States of America in Congress assembled, That section 27 of the Shipping Act (46 U.S.C. 826) be amended by deleting the ijresent section and substituting therefor the following: "SEC. 27. (a) I n all proceedings under section 22 of this Act, depositions, written interrogatories, and discovery procedure shall be available under rules and regulations issued by the Federal Maritime Commission, which rules and regulations shall, to the extent practicable, be in conformity with the rules applicable in civil proceedings in the district courts of the United States. I n such proceedings, the Commission may by subpena compel the attendance of witnesses and the production of books, papers, documents, and other evidence, in such manner and to such an extent as the Commission may by rule or regulation require. Attendance of witnesses and the production of books, papers, documents, and other evidence in response to subpena may be required from any place in the United States at any designated place of hearing, and persons so acting under the direction of the Commission and witnesses shall, unless employees of the Commission, be entitled to the same fees and mileage as in the courts of the United States. " (b) Obedience to this section shall, on application by the Commission, be enforced as are orders of the Commission other than for the payment of money." Approved December 6, 1967.

Public Law 90-178 December 8, 1967 [H. R. 8582]

D. C Court of Appeals judges, i n c r e a s e number. 77 Stat. 484.

AN ACT To amend chapter 7 of title 11 of the District of Columbia Code to increase the number of associate judges on the District of Columbia Court of Appeals from two to five, and for other purposea.

Be it enacted by the Senate and House of Represe^itatives of the United States of America in Congress assembled, SECTION 1. Subchapter I of chapter 7 of title 11 of the District of Columbia Code is amended as follows: (1) Section 11-702(a) is amended by striking out "two*' and inserting in lieu thereof "five". (2) Subsection (c) of section 11-703 is amended to read as follows: "(c) Two judges shall constitute a quorum of a division of the court, and four judges shall constitute a quorum of the court sitting in banc."

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545

(3)(A) The following new section shall be added at the end: "§11-705. Assignment of judges; divisions; hearings " (a) Judges of the court shall sit on the court and its divisions in such order and at such times as the court directs. " (b)(1) Cases and controversies shall be heard and determined by divisions of the court unless a hearing or rehearing before the court in banc is ordered. Each division of the court shall consist of three judges. ''(2) A hearing before the court in banc may be ordered by a majority of the judges of the court in regular active service. The court in banc for a hearing shall consist of the judges of the court in regular active service. "'(3) A rehearing before the court in banc may be ordered by a majority of the judges of the court in regular active service. The court in banc for a rehearing shall consist of the judges of the court in regular active service, except that a retired judge may sit as a judge of the court in banc in the rehearing of a case or controversy if he sat on the court or a division of the court at the original hearing thereof." (B) The table of sections is amended by adding at the end the following new item: "11-705. Assignment of judges; divisions; hearings."

SEC. 2. (a) The first sentence of section 17-301 (b) of the District of Columbia Code is amended by striking out "the chief judge and the associate judges" and inserting in lieu thereof "three judges. (b) The fourth sentence of such section is amended by striking out "all the judges are of the opinion that an" and inserting in lieu thereof "the three judges are of the opinion that the". Approved December 8, 1967.

77 Stat. 613.

Public Law 90-179 AN ACT To establish a.Judge Advocate General's Corps in the Xavy, and for other l>tir poses.

December 8, 1967 [H. R. 12910]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That chapter 47 of ^^^' ^^TCocate title 10, United States Code, is amended as follows: General's corps. (1) Section 801(11) is amended to read as follows: Establishment. "(11) 'Law specialist' means a commissioned officer of the Coast oefinmons. Guard designated for special duty (law)." (2) The following new clause is added at the end of section 801: "(13) 'Judge advocate' means an officer of the Judge Advocate General's Corps of the Army or the Navy or an officer of the Air Force or the Marine Corps who is designated as a judge advocate." (3) Section 806(a) is amended by deleting the first sentence and inserting the following sentences in place thereof: "The assignment for duty of judge advocates of the Army, Xavy, and Air Force and law specialists of the Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of M'hich they are members. The assignment for duty of judge advocates of the Marine Corps shall be made by direction of the Commandant of the Marine Corps." (4) Section 815(e) is amended by striking out the words "Army or Air Force, a law specialist of the Navy" in the last sentence and substituting in place thereof the words "Army, Navy, Air Force, or Marine Corps".

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 546 70Astat. 46.

8o^sfat^*ii'2o^°'

S"p'^-

PUBLIC LAW 90-179-DEC. 8, 1967

[81 STAT.

(5) gection 827(b)(1) is amended by strikinjr out the words ''or the Air Force, or a law specialist of the Xavy or" and inserting in place thereof the words ", Navy, Air Force, or Marine Corps or a law specialist of the". (6) Section 865(c) is amended by striking out the words "or the Air Force, a law specialist of the Navy" and inserting in place thereof the words ", Navy, Air Force, or Marine Corps". (7) Section 936(a)(1) is amended by deleting the words "and the Air Force" and inserting in place thereof the words ", Navy, Air Force, and Marine Corps". SEC. 2. Chapter 513 of title 10, United States Code, is amended as follows: (1) Section 5148 is amended— (A) by amending the catchline to read: "§5148. Judge Advocate General's Corps: Office of the Judge Advocate General; Judge Advocate General; appointment, term, emoluments, duties"; (B) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (d), respectively, and inserting the following new subsection: " (a) The Judge Advocate General's Corps is a Staff Corps of the Navy, and shall be organized in accordance with regulations prescribed by the Secretary of the Navy."; and (C) by striking out, in subsection (b) as redesignated, in the third sentence, the word "officers" and inserting in place thereof the words "judge advocates". (2) Section 5149 is amended to read as follows: "§5149. Office of the Judge Advocate General: Deputy Judge Advocate General; Assistant Judge Advocates General " (a) A judge advocate of the Navy or Marine Corps who has the qualifications prescribed for the Judge AdAOcate General in section 5148(b) of this title shall be detailed as Deputy Judge Advocate General of the Navy. While so serving he is entitled to the rank and grade of rear admiral (upper half) or major general, as appropriate, unless entitled to a higher rank or grade under another provision of law. The Deputy Judge Advocate General is entitled to the same privileges of retirement as provided for chiefs of bureaus in section 5133 of this title. " (b) An officer of the Judge Advocate General's Corps who has the qualifications prescribed for the Judge Advocate General in section 5148(b) of this title may be detailed as Assistant Judge Advocate General of the Navy. While so serving he is entitled to the rank and grade of rear admiral (lower half), unless entitled to a higher rank or grade under another provision of law. An officer who is retired while serving as Assistant Judge Advocate General of the Navy under this subsection or who, after serving at least twelve months as Assistant Judge Advocate General of the Navy, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank and grade of rear admiral (lower half). If he is retired as a rear admiral, he is entitled to retired pay in the lower half of that grade, unless entitled to higher pay under another provision of law. "(c) A judge advocate of the Marine Corps who has the qualifications prescribed for the Judge Advocate General in section 4158(b) of this title may be detailed as Assistant Judge Advocate General of the Navy. While so serving he is entitled to the rank and grade of brigadier general, miless entitled to a higher rank or grade under another pro-

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 81

STAT.]

PUBLIC LAW 90-179-DEC. 8, 1967

547

vision of law. An officer who is retired while serving as Assistant Judge Advocate General of the Navy under this subsection or who, after serving at least twelve months as Assistant Judge Advocate General of the Navy, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank and grade of brigadier general. If he is retired as a brigadier general, he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law. " (d) When there is a vacancy in the Office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases. "(e) When subsection (d) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the Assistant Judge Advocates General, in the order directed by the Secretary of the Navy, shall perform the duties of the Judge Advocate General."' (.S) The analysis is amended by amending the items relating to sections 5148 and 5149 to read as follows: "5148. Judge Advocate General's Corps: OflSce of the Judge Advocate General; Judge Advocate General; appointment, term, emoluments, duties. '••5149. Office of the Judge Advocate General: Deputy.Judge Advocate General; Assistant Judge Advocates General."

SEC. 3. Section 5404 of title 10, United States Code, is amended by adding the following new subsection at the end thereof: "(c) The Secretary of the Navy, as of January 1 of each year, shall establish the authorized strength of the active list of the Navy in officers in the Judge Advocate General's Corps." SEC. 4. Section 5508(b) of title 10, United States Code, is amended— (1) by inserting the following new clause after clause (5): " (6) Officers in the Judge Advocate General's Corps,"'; and (2) by renumbering clauses (6), (T),and (8) as clauses "(T)'*, " (8)", and " (9)", respectively. SEC. 5. Chapter 539 of title 10, United States Code, is amended as follows: (1) The following new section is added after section 5578: "§ 5578a. Regular Navy; Judge Advocate General's Corps " (a) Original appointments to the active list of the Navy in the Judge Advocate General's Corps may be made from persons who— "(1) are at least twenty-one and under thirty-five years of age; "(2) are graduates of an accredited law school or are members of the bar of a Federal court or the highest court of a State; and "(3) have physical, mental, and moral qualifications satisfactory to the Secretary of the Navy. For the purposes of determining lineal position, permanent grade, seniority in permanent grade, and eligibility for promotion, an officer appointed in the Judge Advocate General s Corps shall be credited with the amount of service prescribed by the Secretary of the Navy, but not less than three years. "(b) Under such regulations as the Secretary of the Navy may prescribe, appointments to the active list of the Navy in the Judge Advocate General's Corps may be made from officers of the Navy, including the Naval Reserve, in the line or in another staff corps. Notwithstanding any other law, an officer appointed under this subsection shall have a running mate assigned to him under regulations to be prescribed by the Secretary of the Navy." (2) Section 5587(c) is amended by striking out "law,'".

70A Stat. 297.

7OA Stat. 322.

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xxvi the everlasting profession of a discreet and moderate resentment.—If the instance were not too important for an experiment, it might not be amiss to confide a little in their integrity.—Without any abstract reasoning upon causes and effects, we shall soon be convinced, by experience, that the Scots transplanted from their own country, are always a distinct and separate body from the people who receive them. In other settlements, they only love themselves;—in England, they cordially love themselves, and as cordially hate their neighbours. For the remainder of their good qualities I must appeal to the reader's observation, unless he will accept of my Lord Barrington's authority in a letter to the late Lord Melcombe, published by Mr. Lee, he expresses himself with a truth and accuracy not very common in his Lordship's lucubrations.—"And Cockburn, like most of his countrymen, is as abject to those above him, as he is insolent to those below him."—I am far from meaning to impeach the articles of the union. If the true spirit of those articles were religiously adhered to, we should not see such a multitude of Scotch commoners in the lower-house, as representatives of English boroughs, while not a single Scotch borough is ever represented by an Englishman. We should not see


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 548

72 Stat. 1495.

PUBLIC LAW 90-179-DEC. 8, 1967

[81 STAT.

(3) The following new section is added after section 5587: "§ 5587a. Regular Marine Corps: judge advocates '' (a) With the approval of the Secretary of the Navy, any officer on the active list of the Marine Corps who is qualified under section 827(b) of this title may, upon his application, be designated as a judge advocate. " (b) For the purposes of determining lineal position, permanent grade, seniority in permanent grade, and eligibility for promotion, a person appointed to the active list of the Marine Corps with a view to designation as a judge advocate may be credited with the amount of service prescribed by the Secretary of the Navy, but not more than three years." (4) Section 5600(b) Is amended— (A) by adding at the end of clause (1) the words " (D) Judge Advocate General's Corps—3 years;"; (B) by striking out clause (2); and (C) by renumbering clause (3) as clause (2). (5) The following new items are inserted in the analysis: "5578a. Regular Navy: Judge Advocate General's Corps." "5587a. Regular Marine Corps: judge advocates."

r/st'^at^lssf^^'

76 Stat. 454.

SEC. 6. Section 5762 of title 10, United States Code, is amended as follows: (1) Section 5762(d) is amended by inserting the words "Judge Advocate General's Corps," after the words "Medical Corps,". (2) The following new subsection is added at the end: " (f) The Secretary shall furnish the appropriate selection board convened under chapter 543 of this title with the number of officers that may be recommended for promotion to the grade of captain or commander in the Judge Advocate General's Corps. This number, determined by the Secretary as of the date the selection board is convened— "(1) may not exceed the total number of officers of the Judge Advocate General's Corps in the promotion zone for the grade concerned; and " (2) may not be less than the product of the number of officers of the Judge Advocate General's Corps in the promotion zone and a fraction, of which the numerator is the number of male line officers, not restricted in the performance of duty, placed upon the promotion list pursuant to the report of the comparable board for the selection of line officers convened in the same fiscal year, and the denominator is the number of male line officers, not restricted in the performance of duty, in the promotion zone considered by that board." g^c. 7. Section 202 of title 37, United States Code, is amended as follows: (1) Subsection (g) is amended by inserting the words "or as Deputy Judge Advocate General of the Navy,'" after the word "Navy"', (2) Subsection (h) is amended— (A) by striking out "or" at the end of clause (6); (B) by redesignating clause (7) as clause (8); and (C) by adding immediately after clause (6) a new clause as follows: " (7) Deputy Judge Advocate General of the Navy; or''. (3) Subsection (i) is amended by striking out clause (3) thereof and by renumbering clauses (4) and (5) as clauses (3) and (4), respectively. (4) The following new subsection is added at the end: "(k) Unless appointed to a higher grade under another provision

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 81 STAT.]

549

PUBLIC LAW 90-179-DEC. 8, 1967

of law, an officer of the Navy or Marine Corps serving as Assistant Judge Advocate General of the Xavy is entitled to the basic pay of a rear admiral (lower half) or brigadier general, as appropriate." SEC. 8. (a) In this section "law specialist'' means a line officer on the active or retired list of the Regular Navy or of the Naval Reserve designated for special duty (law) or a line officer of the Naval Reserve assigned a numerical designator indicating a special duty officer (law). (b) All law specialists in the Navy are redesignated as judge advocates in the Judge Advocate General's Corps of the Navy. Each law specialist of the Navy who is on a promotion list on the day before the effective date of this Act shall be placed on the appropriate promotion list for the Judge Advocate General's Corps and shall be eligible for promotion when the officer who is to be his running mate in the next higher grade becomes eligible for promotion in that grade. SEC. 9. Nothing in this Act shall operate to terminate or reduce the term of an officer who was serving as Deputy and Assistant Judge Advocate General of the Navy on the day before the effective date of this Act or to deprive him of the rank, pay, allowances, or retirement privileges to which he was then entitled. Notwithstanding any other provision of law", an officer who was so serving on the day before the effective date of this Act shall be deemed to be detailed as Deputy Judge Advocate General, pursuant to section 5149 of title 10, United States Code, as amended by this Act, and, in addition to rights and benefits then accrued, to be entitled to the rank and retirement benefits authorized by that section. For the purposes of determining his eligibility for the retirement benefits authorized by section 5149 of title 10, United States Code, as amended by this Act, an officer who is serving as Deputy Judge Advocate General on the effective date of this Act shall be credited with all service performed under appointment or detail as Deputy and Assistant Judge Advocate General before the effective date of this Act. SEC. 10. This Act does not affect rights accrued, duties matured, or proceedings commenced before its effective date. Redesignation of an officer under section 8(b) of this Act shall not operate to change the computation of his service for any purpose. SEC. 11. Notwithstanding any other provision of law, all proAdsions of law applicable to a male officer in the Judge Advocate GeneraFs Corps of the Navy, including the Naval Reserve, are applicable to a woman officer in that corps. SEC. 12. Title 10, United States Code, is amended by inserting the words ", the Judge Advocate General's Corps," after the words ''the Medical Corps" in section 5652a and by inserting the words "the Judge Advocate General's Corps," after the words "the Medical Corps," in sections 5581, 5702(b), 5708(c)(1), 5753(b), 5896(a)(8) and (4), 5897(c)(1), and 6378(b)(7). Approved December 8, 1967.

" Law specialist."

Redesignation in the J u d g e Advocate G e n e r a l ' s Corps, Navy.

Ante,

p. 546.

Applicability for women naval officers.

72 Stat. 1495.

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PUBLIC LAW 90-180-DEC. 8, 1967

[81 STAT.

Public Law 90-180 December 8, 1967 [H. R. 13606]

Military Construction Appropriation Act, 1968.

AN ACT Making appropriations for military constnic-tion for the Department of Defense for the tiscal year ending June 30, 1968, and for other purposes.

Be it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 19H8, for military construction functions administered by the Department of Defense, and for other purposes, namely: MILITARY CONSTRUCTION, A R M Y

72 Stat. 1459, 1460.

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $372,228,000, to remain available until expended: Provided, That the unexpended balance of funds as determined by the Secretary of Defense, heretofore allocated or transferred to the Secretary of Defense from appropriations for "Military assistance'' to support construction, may be transferred to this appropriation. MILITARY CONSTRUCTION. XAVY

78 Stat. 1034.

For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, in Public Law 88-637, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $486,661,000, to remain available until expended. * MILITARY CONSTRUCTION, A I R FORCE

For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, in sections 2673 and 2675 of title 10, United States Code, $400,662,000, to remain available until expended. MILITARY CONSITJUCTION, DEFENSE AGENCIES

For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Office of Civil Defense), as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $114,540,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation "Research, development, test, and evaluation. Defense Agencies'' as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate.

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PUBLIC LAW 90-180-DEC. 8, 1967

551

MILITARY COXSTKUCTIDX. ARMY XATIOXAL G I A R D

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $3,000,000, ,

'

.

•^ 11

.^^

1 J

to remain available until expended. MILITARY CoNSTRucmoN,

' ^ '

'

'

A I R NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $9,500,000, to remain available until expended. MILITARY

CoNsntucnoN.

ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $3,000,000, to remain available until expended. MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $5,000,000, to remain available until expended. MILITARY CONSTRUCTION, A I R FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $3,900,000, to remain available until expended. LORAN STATIONS, DEFENSE

For construction of additional loran stations by the Coast Guard, $3,600,000, to remain available until expended: Provided, That this appropriation may be transferred on approval of the Secretary of I)efense to the appropriation, "Acquisition, construction, and improvements". Coast Guard. FAMILY HOUSING, DEFENSE

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $671,271,000, to be obligated and expended in the Family Housing Management Account established

7OA Stat. 120. 10 USC 2231.

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 552 76 Stat. 236. 42 USC 1594a-l.

PUBLIC LAW 90-180-DEC. 8, 1967

[81 STAT.

pursuant to section 501(a) of Public Law 87-554, in not to exceed the following amounts: For the Army: (Construction, $32,447,000; Operation, maintenance, $131,010,000: Debt payment, $46,852,000. For the Navy and Marine Corps: Construction, $65,430,000; Operation, maintenance, $77,525,000: Debt payments, $31,999,000. For the Air Force: Construction, $55,944,000; Operation, maintenance, $136,192,000; Debt payment, $87,989,000. For Defense agencies: Construction, $610,000; Operation, maintenance, $5,273,000. Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended. HOMEOWNERS ASSISTANCE F U N D, DEFENSE

80 Stat. 1291. 42 USC 3374.

For use in the Homeowners Assistance F u n d established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89-754, approved November 3, 1966), $20,000,000. GENERAL PROVISIONS

P r i o r appropriations.

contracts.

Expediting costs.

Bakery facilities, etc.

Motor v e h i c l e hire. A c c e s s roads.

72 Stat. 9 0 8.

SEC. 101. Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the first session of the Ninetieth Congress. SEC. 102. None of the funds appropriated in this Act shall be exf>ended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. SEC. 103. None of the funds appropriated in this Act shall be expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices. SEC. 104. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or dry cleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 105. Funds appropriated to the Department of Defense for construction are hereby made available for hire of passenger motor vehicles. SEC. 106. Funds appropriated to the Department of Defense for construction may be used for advances to the Bureau of Public Roads, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.

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 81 STAT.]

PUBLIC LAW 90-181-DEC. 8, 1967

SEC. 107. None of the funds appropriated in this Act nniy be used to be^in construction of new bases inside the Continental Ignited States for which specific appropriations have not been made. SEC. 108. No part of the funds contained in this Act shall be used for the construction of hospitals or composite medical facilities in the United States which do not provide facilities for obstetrical services. SEC. 109. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, (b) purchases negotiated by the Attorney General or his designee, and (c) where the estimated value is less than $25,000. SEC. 110. None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 111. None of the funds appropriated in this Act shall be used to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation acts. SEC. 112. This Act may be cited as the "Military Construction Appropriation Act, 1968". Approved December 8, 1967.

553 New b a s e s.

Obstetrical services. Land easements.

Foreign projects.

Family housing limitation.

Short title.

Public Law 90-181 AN ACT To Krinit the consent of Congress to the Wheeling Creek Wsiterslied Protection and F'lood Prevention District Contract.

December i\, 1967 [S.2514]

Be it enacted by the !^en(tte and House of Ueprexetdat'ire^ of the I rated States of America in Congre-HH aHHembled^ That the consent ofWheeling PCreek Watershed r o Congress is given to the interstate compact rehiting to the Wheeling tection and Flood Prevention D i (^reek Watershed Protection and Flood Prevention District between trict Compact.s the Commonwealth of Pennsylvania and the State of West Virginia, ratified by the Commonwealth of Pennsylvania in an Act approved by the Governor of such Commonwealth on August 2, 1967, and by the State of West Virginia in an Act approved by the (jovernor of such State on March 1, 1967. Such compact reads as follows: " W H E E L I N G ( l i E E K W A T E K S H E D PRTE(^TIN A N D F L O O D P R E V E N T I O N DISTKK^T (X)MPACT "ARTICLE L RECITATION OF REASONS FOR COMPACT. ''Whereas, Wheeling Creek, a tributary of the Ohio River, arises in Pennsylvania, flows through Washington and Greene (\)unties of that commonwealth, enters the State of West Virginia, flows through Marshall and Ohio Counties, West Virginia, and empties into the Ohio River at Wheeling, West Virginia; and "Whereas, The inhabitants of Marshall and Ohio Counties, West Virginia, and, also, but to a much lesser degree, the inhabitants of Washington and Greene Counties, Pennsylvania, living along Wheeling Creek have over the years experienced loss of life and property from flooding of that stream; and

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Rh English peerages given to Scotch ladies, or to the elder sorts of Scotch peers, and the number of sixteen doubled and trebled by a scandalous evasion of the act of union.—If it should ever be thought adviseable to dissolve an act, the violation or observance of which is invariably directed by the advantage and interest of the Scots, I shall say very sincerely with Sir Edward Coke, "When poor England stood alone, and had not the access of another kingdom, and yet had more and as potent enemies as it now hath, yet the King of England prevailed."

opinion may now be expected from me, upon a point of equal delicacy to the writer, and hazard to the printer. When the character of the chief magistrate is in question, more must be understood than may be safely expressed. If it be really a part of our constitution, and not a mere dictum of the law, that the King can do no wrong, it is not the only instance, in the wisest of human institutions, where theory is at variance with practice.—That the sovereign of this country is not amenable to any form of trial known to the laws, is unquestionable. But exemption


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PUBLIC LAW 90-181-DEC. 8, 1967

[81 STAT.

"Whereas, Surveys made by the Soil Conservation Service of the Ignited States Department of Agriculture indicate that the inhabitants of the four counties named can best be protected from the floodinjr of Wheeling Creek by flood prevention dams constructed thereon with some of the dams being located on the upper reaches of the stream and its tributaries in the Commonwealth of Pennsylvania; and "Whereas, The federal Watershed Protection and Flood Prevention -^^^ of 1954, as amended, authorizes, under certain circumstances, federal assistance to local organizations in preparing and carrying out undertakings for flood prevention and the conservation, development, utilization and disposal of water in watershed or subwatershed areas; and "Whereas, No local organization within the meaning of the federal act aforesaid established by or organized under the laws of West Virginia is competent under state laws to acquire land for, construct, and operate with or without federal assistance flood prevention facilities in the Commonwealth of Pennsylvania, and it appears that no such local organization established by or organized under the laws of the Commonwealth of Pennsylvania can justify the expenditure of locally raised funds to construct and operate flood prevention facilities which will benefit primarily the inhabitants of the neighboring State of West Virginia; and "Whereas, Facilities erected on the upper reaches of Wheeling Creek and its tributaries for flood control and prevention can nevertheless have a recreational value for the citizens of both West Virginia and Pennsylvania and particularly the citizens of Ohio and Marshall Counties. West Virginia, and Washington and Greene Counties, Pennsylvania; accordingly, for purposes of promoting that potential, as well as providing a vehicle or means whereby federal assistance may be enlisted for the protection of citizens of her neighboring State of West Virginia from the flooding of Wheeling (^reek, the ConnnonweaUh of l*eunsylvania joins with the State of West Virginia in negotiating and ratifying this compact; now" therefore, "ARTICLE IL WHEELING CREEK WATERSHED PROTECTION A N D FLOOD PREVENTION DISTRICT CREATED. "The Connnonwealth of Pennsylvania and the State of West Virginia hereby create as an agency and instrumentality of the governments thereof a district to be known as the 'Wheeling (Veek Watershed Protection and Flood Prevention District,' hereinafter called the district, which shall embrace all territory in the Commonwealth of Pennsylvania and the State of West Virginia, the water in which flows ultimately into Wheeling Creek or its tributaries. "ARTICLE IIL WHEELING CREEK WATERSHED PROTECTION A N D FLOOD PREVENTION COMMISSION CREATED. "The Connnonwealth of Pennsylvania and the State of West Virginia hereby create as the governing body of the district the 'Wheeling O e e k AVatershed Protection and Flood Prevention Connnissicm,' hereinafter called the commission, which shall be a body corporate, with the powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the General Assembly of Pennsylvania and the Legislature of West Virginia or by act or acts of the Congress of the United States. "ARTICLE IV. COMPOSITION OF COMMISSION. "The commission shall consist of Ave commissioners from Pennsylvania and five commissioners from West Virginia, each of whom shall

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be a citizen of the commonwealth or state from which he is appointed. The commissioners from the commonwealth and from the state shall be chosen in the manner and for the terms provided by the laws of the commonwealth or state from which they shall be appointed, and any commissioner may be removed or suspended from office as provided by the law of the commonwealth or state from which he shall be appointed. Vacancies on the commission shall be filled in the manner provided by the laws of the commonwealth or state amon^ whose representation on the commission the vacancy occurs. "The conunissioners shall serve without compensation from the commission, but they shall be paid by the commission their actual expenses incurred and incident to the performance of their duties. "ARTICLE V. ORGANIZATION OF COMMISSION. "The commission shall meet and organize within sixty days after the effective date of this compact, shall elect from its number a chairman and vice chairman, and shall appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert and other assistants as may be required to carry the provisions of this compact into effect, and shall determine their qualifications and fix their duties and compensation. I t shall adopt a seal and suitable bylaws, and shall adopt and promulgate rules and regulations for its management and control. I t may establish and maintain one or more offices within the district for the transaction of its business, and may meet at any time or place. The presence of three commissioners from the Commonwealth of Pennsylvania and three commissioners from the State of West Virginia shall constitute a quorum, and a majority vote of the (piorum shall be iiecessary to pass upon matters before the connuission. "ARTICLE VL POWERS AND DUTIES. "The commission is hereby authorized and empowered: "(a) To be and serve in the capacity of a local organization within the meaning of the AVatershed Protection and Flood Prevention Act of the eighty-third Congress of the United States, second session. (Public Law 566), approved August 4, 1954, as from time to time 68 Stat. 16 USC amended, and in that capacity the commission shall have the following note. authority and powers: "(1) To apply for and receive federal financial and other assistance in preparing and carrying out plans for works of improvement as that term is defined in said federal act, as from time to time amended, hereinafter referred to as works of improvement, and to apply for and receive federal financial and other assistance under the aforementioned or other federal acts in preparing and carrying out plans for public fish and wildlife or recreational development in connection with works of improvement, including the construction and operation of all facilities which may be necessary or incident to such works of improvement and public fish and wildlife or recreational development in connection therewith. "(2) To acquire, or with respect to interests in land to be acquired by condemnation, provide assurances satisfactory to the secretary of agriculture of the Ignited States or other agent or agency of the United States that the commission will acquire such land, easements, or rights-of-way as will be needed in connection with works of improvement, and public fish and wildlife or recreational development and facilities in connecticm with works of improvement, installed with federal assistance. "(3) To agree to operate and maintain any reservoir or other area included in a plan for works of improvement or public fish and wildlife or recreational development and facilities. "(4) To assume all or such proportionate share, as is determined by the secretary of agriculture of the Ignited States or other agent or

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[81 STAT.

agency of the United States, of the costs of installing any works of improvements, involving federal assistance, which is applicable to the agricultural phases of the conservation, development, utilization, and disposal of water or for tish and wildlife or recreational development and facilities or to purposes other than flood prevention and features relating thereto. "(5) To make arrangements satisfactory to the secretary of agriculture of the United States or other agent or agency of the Imited States for defraying costs of operating and maintaining works of improvement and public fish and wildlife or recreational development and facilities in connection with works of improvement: Provided, That such arrangements shall be based solely upon contributions, allotments or commitments of funds to the district or commission. " (6) To acquire, or provide assurance that landowners or water users have acquired, such water rights, pursuant to the law of the commonwealth or state applicable thereto, as may be needed in the installation and operation of the works of improvement and public fish and wildlife or recreational development and facilities in connection with works of improvement. "(7) To cooperate with soil conservation districts in obtaining agreements to carry out reconnnended soil conservatif)n measures and proper farm plans from owners of land situated in the drainage area above each retention reservoir to be installed with or without federal assistance. • "(8) To ajjply for and receive federal loans or advancements to finance the local share of costs of carrying out works of improvement and public fish and wildlife or recreational development and facilities in connection with works of improvement, and to submit a plan of repayment satisfactory to the secretary of agriculture or other agent or agency of the United States for any loan or advancement: Provided, That such plan of repayment shall be based solely upon contributions, allotments or commitments of funds to the district or commission. "(9) To cooperate, and enter into agreements with, the secretary of agriculture of the United States or other agent or agency of the United States, and to do all other things required, not inconsistent with the provisions of this compact and the laws of the Commonwealth of Pennsylvania and the State of West Virginia, to obtain maximum federal financial assistance for works of improvement and public fish and wildlife or recreational development and facilities in connection with such works of improvement. "(b) To acquire within the district, land, easements, rights-of-way and other property rights as may be needed in connection with works of improvement and public fish and wildlife or recreational development and facilities in connection with such works of improvement and to make studies respecting, and to plan, construct, maintain and operate, works of improvement within the district and public fish and wildlife or recreational development and facilities in connection with such works of improvement. " (c) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, eminent domain, or otherwise, any property, real or personal, or rights therein, for any of the purjjoses specified in this article of the compact: Provided, That eminent domain proceedings shall be instituted and prosecuted in the manner and forums provided by the laws of the commonwealth or state in which the property or property rights proceeded against are situate: Provided, however, That no property now or hereafter vested in or held by the Commonwealth of Pennsylvania or the State of West Virginia, or by any county, city, town, A'illage, district, township, municipality or other political subdivision thereof shall be taken by the district

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without the consent of the commonwealth, state or political subdivision which owns the same. " (d) To maintain, administer and improve any properties acquired, to charge fees for use of, and receive income from, such properties and to expend such income in carrying out the purposes and provisions of this compact, and to lease any of its property or interests therein in accordance with the following provisions and requirements: The board of commissioners of the County of Ohio, West Virginia, the county court of Marshall County, West Virginia, the board of commissioners of Greene County, Pennsylvania, and the board of commissioners of Washington County, Pennsylvania, shall each have the option of leasing from the commission for such period as the lessee may specify all or any part of the works of improvement and the public fish and wildlife and recreational development and facilities in connection with works of improvement located within their respective counties upon the following terms and conditions: (a) That in each such lease the lessee in consideration thereof pay to the lessor the sum of one dollar and agree to fully maintain at its (the lessee's) expense all works of improvement and all such development and facilities in connection therewith located within the county of the lessee in accordance with the requirements of the AVatershed Protection and Flood Prevention Act of the eighty-third Congress of the United States, second session, (Public Law 566)., approved August 4, 1954, as from ^^ Stat. eee. 16 time to time amended, and all agreements and work plans made or note. u s e 1001 formulated thereunder with respect to such works of improvement and such development and facilities in connection therewith located within the county of the lessee, and that for failure of the lessee to comply M'ith such agreement, the lessor shall be given the right in the lease agreement to cancel the lease upon thirty days written notice to the lessee; (b) that any such lease not be inconsistent with the provisions, or impair the purposes, of this compact; and (c) that any such lease be approved by the secretary of agriculture of the United States or other federal agent or agencies having authority to extend approval under the provisions of said act and agreements and works plan made or formulated thereunder. In the event the board of commissioners or county court of any one of the four counties named does not, within six months from the completion of the works of improvement and all such development and facilities in connection therewith located in such county, elect in writing transmitted to the commission to exercise the option given to it by the foregoing provisions, or in the event such option is exercised and the lease to such board of commissioners or county court is subsequently cancelled because of violation of the provision of the lease by the lessee, or in the event such option is exercised and the board of commissioners or county court subsequently chooses not to renew its lease, the commissioners may lease all or any part of the works of improvement and all such development and facilities in connection therewith located within such county to any other lessee which the commission may choose, and upon such terms as may be agreed upon, provided (a) that any such lease be approved by the" board of commissioners or county court of the county in which any part or all of the works of improvement and all such development and facilities in connection therewith are located; (b) that any such lease not be inconsistent with the provisions, or impair the purposes of this compact; (c) that any such lease be approved by the secretary of agriculture of the United States or other federal agent or agencies having authority to extend approval under the provisions of said act and agreements and work plans made or formulated thereunder; and the option of leasing in the board of commissioners of the County of Ohio, West Virginia, the county court of Marshall (\)unty. West Virginia, the board of commissioners of Greene County, Pennsylvania,

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[81 STAT.

and the board of commissioners of Washington County, Pennsylvania, shall include the rij^ht to sublease on the same terms and conditions set out in this paragraph designated (d) to any individual, corporation, municipal subdivision or municipal authority without the approval of the Wheeling Creek Watershed Protection and Flood Prevention (Commission. "(e) To enter into contracts and other arrangements with agencies of the United States, with persons, firms or corporations, including both public and private corporations, with the government of the state and the government of the commonwealth, or any department or agency of the United States, the state or the commonwealth, with governmental divisions, with soil conservation, drainage, flood control, soil erosion or other improvement districts in the state or the commonwealth, for cooperation or assistance in constructing, improving, operating or maintaining works of improvement within the district, and public fish and wildlife or recreational development and facilities in connection with works of improvement, or in preventing floods, damage from sediment deposited by floodwaters, or in clearance of stream beds, or in conserving, developing, utilizing and disposing of water in the district, or for making surveys, investigations or reports thereof. "(f) To apply for, receive and use grants-in-aid, donations and contributions from any source or sources, and to accept and use, consistent with the purposes of this compact, bequests, devises, gifts and donations from any person, firm, corporation, state, commonwealth or agency or political subdivision thereof. "(g) To do any and all things necessary or convenient for the pvirpose of promoting, developing and advancing the pvirposes of said district herein set forth, and in promoting, developing and advancing the recreational development and facilities incidental to the works of improvement that shall be constructed to achieve said purposes. " (h) To delegate any authority ^iven to it by law to any of its agents or employees, and to exceed its funds in the execution of the powers and authority herein given. "ARTICLE VII. FISCAL A F F A I R S. "The commission shall subihit at the appropriate or designated time to the board of commissioners of the County of Ohio, West Virginia, the county court of Marshall County, West Virginia, the board of commissioners of Greene County, Pennsylvania, and the board of commissioners of Washington County, Pennsylvania, an annual budget of its estimated expenditure, which budget shall contain specific recommendations of the amount or amounts to be appropriated by each of the named governing bodies. "The commission shall not incur any obligation prior to the commitment or allotment of funds by the named gOA^erning bodies or by other sources adequate to meet the same, "The commission shall keep acxiurate accounts of all receipts and disbursements, which accounts shall be open for inspection at any reasonable time and shall be subject to audit by representatives of contributing political subdivisions and of the Commonwealth of Pennsylvania and State of West Virginia. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its by-laws: Provided, That all receipts and disbursements of the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be transmitted to each contributor of funds to the district or commission. "ARTICLE VIIL EXEMPTION FROM T A X E S AND F E E S. "The district and the property belonging to the district shall be exempt from the payment of all taxes or fees imposed by the Common-

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wealth of Pennsylvania or the State of West Virginia and by any agency and political subdivision thereof. /'ARTICLE IX. EFFECTIVE DATE OF COMPACT. "This compact shall become effective upon ratification by the General Assembly of the Commonwealth of Pennsylvania and the Legislature of the State of West Virginia and upon approval by the Congress of the United States." SEC. 2. (a) The consent granted by this Act does not include advance consent for any additional powers that may hereafter be conferred upon the Wheeling Creek Watershed Protection and Flood Prevention Commission by the General Assembly of Pennsylvania and the Legislature of AVest Virginia. (b) The Congress and any of its connnittees shall have the right to re(piire the disclosure and furnishing of such information by the TMieeling Creek Wate>i'shed Protection and Flood Prevention Commission as they may deem appropriate and shall have access to all books, records, and papers of the Commission. (c) The I'iglit to alter, amend, or repeal this Act is expressly j-eserved. Approved December 8, 1967.

Public Law 90-182 AN ACT

To provide long-term leasing for the Gila River Indian Reservation.

December 8, 1967

[H. R. 2154]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the- ^"dians. Act of August 9, 1955 (69 Stat. 539), as amended, is hereby amended leased. as follows: After the words "Pyramid Lake Reservation,-' insert the 25 USC 415. words "the Gila Elver Reservation,". Approved December 8, 1967.

Public Law 90-183 AN ACT

December 110, 1967

To amend section 509 of the Merchant Marine Act, 1936, to provide for _^_Jfll^_l] construction aid for certain passenger vessels operating on the inland rivers and waterways.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress a'^sembled., That section 509 P a s s e n g e r v e s of the Merchant Marine Act, 1936 (46 U.S.C. 1159), is amended by trade"''°"'"'" inserting immediately after the words "fourteen knots," the follow- ,/^,^*^*4^^;°°°' ing: "or in the case of a passenger vessel operating solely on the 66 Stat. 7 6 1. inland rivers and waterways which is designed to be of not less than one thousand gross tons and to be capable of sustained speed of not less than eight knots,". Approved December 10, 1967.

85-622 0-68—38

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[81 STAT.

Public Law 90-184 December 10, 1967

[H. R. 4920]

Indians. Long-term leases.

^^

ACT

rJ^^y aiueiid the Act of August 9, 1955, to authorize longer term leases of Indian lands on the San Carlos Apache Reservation in Arizona.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sentence of section 1 of the Act of August 9, 1955 (69 Stat. 539), as amended (25 U.S.C. 415), is hereby further amended by inserting the \yords "the San Carlos Apache Reservation," after the words "the Fort Mojave Reservation,". Approved December 10, 1967,

Public Law 90-185 December 11, 1967 [S. J. R e s. 35]

I n t e r s t a t e oil and g a s compact. E x t e n s i o n and renewal.

49 Stat. 939.

77 Stat. 145.

JOINT RESOLUTION Consenting to an extension and renewal of the interstate compact to conserve oil and gas.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to an extension and renewal for a period of two years from September 1, li967, to September 1, 1969, of the interstate compact to conserve oil and gas, which was signed in the city of Dallas, Texas, the 16th day of February, 1935, by the representatives of Oklahoma, Texas, California, and New" Mexico, and at the same time and place was signed by the representatives, as a recommendation for approval to the Governors and Legislatures of the States of Arkansas, Colorado, Illinois, Kansas, and Michigan, and which prior to August 27, 1935, was presented to and approved by the Legislatures and Governors of the States of New Mexico, Kansas, Oklahoma, Illinois, Colorado, and Texas, and which so approved by the six States last above-named was deposited in the Department of State of the United States, and thereafter was consented to by the Congress in Public Resolution Numbered 64, Seventy-fourth Congress, approved August 27, 1935, for a period of two years, and thereafter was extended by the representatives of the compacting States and consented to by the Congress for successive periods, without interruption, the last extension being for the period from September 1, 1963, to September 1, 1967, consented to by Congress by Public Law Numbered 88-115, Eighty-eighth Congress, approved September 6, 1963. The agreement to extend and renew said compact for a period of four years from September 1, 1967, to September 1, 1971, duly executed by representatives of the States of Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma. Pennsylvania, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming, has been deposited in the Department of State of the United States, and reads as follows: " A N AGREEMENT To EXTEND THE INTERSTATE COMPACT TO CONSERVE O I L AND GAS

"Whereas, on the 16th day of February, 1935, in the City of Dallas, Texas, there was executed 'An Interstate Compact To Conserve Oil and Gas' which was thereafter formally ratified and approved by the States of Oklahoma, Texas, New Mexico, Illinois, Colorado, and Kansas, the original of which is now on deposit with the Department of State of the United States, a true copy of which follows:

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xxvii from punishment is a singular privilege annexed to the royal character, and no way excludes the possibility of deserving it. How long, and to what extent, a King of England may be protected by the forms when he violates the spirit, of the constitution, deserves to be considered. A mistake in this matter proved fatal to Charles and his son.—For my own part, far from thinking that the King can do no wrong, far from suffering myself to be deterred or imposed upon by the language of forms, in opposition to the substantial evidence of truth, if it were my misfortune to live under the inauspicious reign of a prince, whose whole life was employed in one base, contemptible struggle with the free spirit of his people, or in the detestable endeavour to corrupt their moral principles, I would not scruple to declare to him,—"Sir, you alone are the author of the greatest wrong to your subjects and to yourself. Instead of reigning in the hearts of your people, instead of commanding their lives and fortunes through the medium of their affections, has not the strength of the crown, whether influence or prerogative, been uniformly exerted, for eleven years together, to support a narrow pitiful system of government, which defeats itself, and answers no one purpose of real power,