text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1449

 80

STAT.]

PUBLIC LAW 89.789-NOV. 7, 1966

basin in Oklahoma and shall be appointed to four-year staggered terms. "D. A majority of the commissioners of each state and the commissioner or his alternate representing the United States, if so designated, must be present to constitute a quorum. In taking any commission action, each signatory state shall have a single vote representing the majority opinion of the commissioners of that state. " E. The salaries and personal expenses of each commissioner shall be paid by the government which he represents. All other expenses which are incurred by the commission incident to the administration of this compact shall be borne equally by the two states and shall be paid by the commission out of the 'Kansas-Oklahoma Arkansas river commission fund.' Such fund shall be initiated and maintained by equal payments of each state into the fund. Disbursements shall be made from said fund in such manner as may be authorized by the commission. Such fund shall not be subject to the audit and accounting procedures of the states; however, all receipts and disbursements of funds handled by the commission shall be audited by a qualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the annual report of the commission. "ARTICLE

XI

"A, The commission shall have the power to: (1) Employ such engineering, legal clerical and other personnel as in its judgment may be necessary for the performance of its functions under the compact; " (2) Enter into contracts with appropriate state or federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records, and for the preparation of reports; "(3) Establish and maintain an office for the conduct of its affairs; " (4) Adopt rules and regulations governing its operations; "(5) Cooperate with federal agencies in developing principles, consistent with the provisions of this compact and with federal policy, for the storage and release of water from all-federal capacities of federal reservoirs, both existing and future within the Arkansas river basin, for the purpose of assuring their operation in the best interests of the states and the United States; "(6) Permit either state, with the consent of the proper operating agencT^, to impound water, for such periods of time deemed necessary or desirable by the commission, in available reservoir storage capacity which is not designated as conservation or new conservation storage capacity for subsequent release and use for any purpose approved by the commission; " (7) Hold hearings and take testimony and receive evidence at such times and places as it deems necessary; "(8) Secure from the head of any department or agency of the federal or state government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable" by the department or agency to which the request is addressed; " (9) Print or otherwise reproduce and distribute all of its proceedings and reports. " B. The commission shall: (1) Cause to be established, maintained and operated such stream, reservoir, or other gaging stations as may be necessary for the proper administration of the compact; "(2) Collect, analyze and report on data as to stream flows, wat«r quality, conservation storage, and such other information as is necessary for the proper administration of the compact;

1413

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1450

 1414

PUBLIC LAW 89-789-NOV. 7, 1966

[80 STAT.

" (3) Perform all other functions required of it by the compact and do all things necessary, proper or convenient in the performance of its duties thereunder; dent^"*^' *° ^'^^^^' ^'(4:) Prepare and submit an annual report to the governor of such signatory state and to the president of the United States covering the activities of the commission for the preceding fiscal year, together with an accounting of all funds received and expended by it in the conduct of its work; "(5) Prepare and submit to the governor of each of the states of Kansas and Oklahoma an annual budget covering the anticipated expenses of the commission for the following fiscal year; "(6) Make available to the governor or any state agency of either state or to any authorized representatives of the United States, upon request, any information within its possession. "ARTICLE

XII

"A. Recognizing the present limited uses of the available water supplies of the Arkansas river basin in the two states and the uncertamties of their ultimate water needs, the states of Kansas and Oklahoma deem it imprudent and inadvisable to attempt at this time to make final allocations of the new conservation storage capacity which may ultimately be required in either state, and, by the limitations on storage capacity imposed herein, have not attempted to do so. Accordingly, after the expiration of 25 years following the effective date of this compact, the commission may review any provisions of the compact for the purpose of amending or supplementing the same, and shall meet for the consideration of such review on the request of the commissioners of either state; provided, that the provisions hereof shall remain in full force and effect until changed or amended by unanimous action of the states acting through their commissioners and until such changes are ratified by the legislatures of the respective states and consented to by the congress in the same manner as this compact is required to be ratified to become effective. " B. This compact may be terminated at any time by the appropriate action of the legislatures of both signatory states. "C. I n the event of amendment or termination of the compact, all rights established under the compact shall continue unimpaired. "ARTICLE

XIII

"Nothing in this compact shall be deemed: A. To impair or affect the powers, rights or obligations of the United States, or those claiming under its authority, in, over and to the waters of the Arkansas River Basin; " B. To interfere with or impair the right or power of either signatory state to regulate within its boundaries the appropriation, use and control of waters within that state not inconsistent with its obligations under this compact. "ARTICLE

XIV

"If any part or application of this compact should be declared invalid by a court of competent jurisdiction, all other provisions and applications of this compact shall remain in full force and effect. "ARTICLE

XV

"This compact shall become binding and obligatory when it shall have been ratified by the legislatures of each state and consented to by the congress of the United States, and when the congressional act con-

�

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


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1451

 80

STAT.]

PUBLIC LAW 89-789-NOV. 7, 1966

1415

senting to this compact includes the consent of congress to name and join the United States as a party in any litigation in the United States supreme court, if the United States is an indispensable party, and if the litigation arises out of this compact or its application, and if a signatory state is a party thereto. Notice of ratification by the legislature of each state shall be given by the governor of that state to the governor of the other state and to the president of the United States and the president is hereby requested to give notice to the governor of each state of consent by the congress of the United States. " I N WITNESS WHEREOF, The authorized representatives have executed three counterparts hereof each of which shall be and constitute an original, one of which shall be deposited in the archives of the department of state of the United States, and one of which shall be forwarded to the governor of each state. " D O N E at the City of Wichita, state of Kansas, this 31st day ot March, A.D. 1965 "APPROVED: "ROBERT L. S M I T H, "WARDEN L. NOE,

"Compact Representatives for the state of Kansas. "GEO. R. BENZ, " F R A N K RAAB,

"Compact Representatives for the state of Oklahoma. "TRIGG TWICHELL,

"Representative of the United States." (b) I n order to carry out the purposes of this section, and the purposes of article X V of this compact consented to by Congress by this section, the congressional consent to this compact includes and expressly gives the consent of Congress to have the United States of America named and joined as a party litigant in any litigation in the United States Supreme Court, if the United States of America is an indispensable party to such litigation, and if the litigation arises out of this compact, or its application, and if a signatory State to this compact is a party litigant, in the litigation. (c) The right to alter, amend, or repeal this section is expressly reserved. SEC. 108. (a) Subsection (b) of the first section of the Act entitled "An Act authorizing the city of Rock Island, Illinois, or its assigns, to construct, maintain, and operate a toll bridge across the Mississippi River at or near Rock Island, Illinois, and to a place at or near the city of Davenport, Iowa," approved March 18, 1938 (52 Stat. 110), as amended, is amended by striking out the comma after "foregoing" and inserting in lieu thereof the following: "(1) the construction of an additional span to increase the capacitp?^ of the bridge and (2)". (b) Subsection (c) of the first section of such Act of March 18, 1938, as amended, is amended by inserting before the period at the end thereof a comma and the following: "except that the construction of an additional span authorized as part of such reconstruction, enlargement, and extension shall be commenced not later than April 1, 1970, and shall be completed within three years after such date". (c) Nothing in this section or the amendments made by this section shall be construed to interfere with or delay future construction of a properly authorized bridge over the Mississippi River at or near the city of Davenport, Iowa. SEC. 109. (a) The consent of Congress is hereby granted to Duke Power Company, its successors and assigns, to construct, maintain, and operate a dam with overflow spillway crest at elevation 475 mean sea level across Savannah River between Anderson County, South Carolina, and Elbert County, Georgia, near Middleton Shoals, and

ton°bry^i^"'*'"^" ° " ^^* ^o Stat. 520.

^^ ^'^'- ^*^-

consb-uit°oTof^°" ^am.''

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1452

 1416

PUBLIC LAW 89-789-NOV. 7, 1966

[80 STAT.

about two hundre<l and iiiiiety-seven luileS above the mouth of said river, for the purpose of providing a pool for condenser water for a steam-electric plant. Construction on such dam shall not be commenced until the plans therefor have been submitted to and approved by the Chief of Engineers, United States Army, and by the Secretary of the Army, and when such plans have been approved by the Chief of Engineers and by the Secretary of the Army, there shall be no deviation from such plans either before or after completion of said dam unless the modification of such plans has previously beeii submitted to and approved by the Chief of Engineers and the Secretary of the Army. In approving the plans for said dam such conditions and stipulations may be imposed as the Chief of Engineers and the Secretary of the Army may deem necessary to protect the present and future interest of the United States. Nothing in this section shall be construed to authorize the use of such dam to develop water power or generate hydroelectric energy. The grantee and its successors shall hold and save the United States free from all claims arising from damage which may be sustained by the dam authorized in this section, or damage sustained by the appurtenances of the said dam, by reason of the future construction and operation by the United States of Hart well Dam and Reservoir or the Trotters Shoals Dam Post, p. 1420, and Reservoir authorized in section 203 of this Act, or any other Federal project upstream or downstream from the dam authorized by this section. In order to make feasible the dam and steam-electri(generating plant which Duke Power Company intends to construct, it is hereby expressly provided that, should such dam and plant be constructed, (1) no existing or future unit at Hartwell Reservoir will be operated to pump water from below Hartwell Dam back to Hartwell Reservoir, and (2) a volume of water per week equal to at least an average flow of one thousand five hundred cubic feet per second shall be discharged from Hartwell Reservoir. The Secretary of the Army, upon his finding that such discharges result in damages to Hartwell Reservoir, and after giving the company reasonable notice and opportunity to be heard, shall determine and fix a reasonable and equitable annual charge to be paid by the company to the United States as compensation for such damages. (b) The authority granted by this section shall cease and be deemed null and void unless the actual construction of the dam authorized by this section is commenced within twelve years and completed within fifteen years from the date of enactment of this Act. The authority granted by this section shall not be deemed a bar to, or grounds for delaying, the construction of the Trotters Shoals project authorized in section 203 of this Act. (c) The right to alter, amend, or repeal this section is hereby expressly reserved. PiirJira\^county, ^^^P' HO. The Secretary of the Army, acting through the Chief of Fia. ' Engineers, is hereby authorized and directed, in order to reduce future Navigation pro j- inamtenance costs of the authorized navigation project for Johns Pass, Pinellas County, Florida, to provide suitable protective measures over a frontage of approximately one thousand linear feet of shore along the north end of Treasure Island, at an estimated first cost for construction of approximately $100,000. Local interests shall contribute in cash 40 per centum of the first cost of construction; provide necessary lands, easements, and rights-of-way for construction and subsequent maintenance of the project; hold and save the United States free from damages that may be attributed to the project; bear all costs exceeding $500,000 Federal cost for the complete project, including the navigation channel. Local interests may be reimbursed

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1453

 80

STAT.]

PUBLIC LAW 89-789-NOV. 7, 1966

141?

for such protective measures as they may undertake in accordance with plans approved by the Chief of Engineers, subject to the above limitations. Funds authorized to carry out section 107 of the Eiver and Harbor Act of 1960, as amended, shall be available to carry out jgtiH^^ofsV this section. 33 USC 577. SEC. 111. (a) The Secretary of the Interior is hereby authorized to ^.Tbrfdlflnd''^'" provide for the construction, maintenance, and operation of a bridge, facilities. with visitor facilities, over the Washington Channel, from the vicinity of Tenth Street Southwest to East Potomac P a r k in Washington, District of Columbia, The structure may be so designed and constructed as to provide facilities for the accommodation of visitors to the Nation's Capital area, and to provide convenient and adequate access to East Potomac Park. (b) The Secretary may obtain and use such lands or interests therein owned, controlled, or administered by the District of Columbia, the District of Columbia Redevelopment Land Agency, the Corps of Engineers, or any other Government agency, with the prior consent of such agency or agencies, as he shall consider necessary for the construction and operation of said bridge, without cost or reimbursement. Before construction is commenced, the location and plans for the bridge shall be approved by the Chief of Engineers and the Secretary of the Army subject to such conditions as they may prescribe, in accordance with section 502(b) of the General Bridge Act of 1946 (33 U.S.C.525b). ^ ^ l^f^i^!tl: (c) The Secretary is authorized to enter into appropriate arrangements for the construction and operation of the bridge in accordance with the authority contained in section 3 of the Act of August 25, 1916 (39 Stat. 535), as amended, except that any such arrangements need ^^ "^^ ^' not be limited to a maximum term of thirty years. The bridge, at all times, shall be under the jurisdiction of the Secretary of the Interior, and shall be administered, operated, maintained, and policed as a part of the park system of the National Capital. (d) The Secretary of the Interior shall cooperate with other Federal and local agencies with respect to the construction and operation of the bridge by him and the construction and operation of associated facilities by such other Federal and local agencies including the District of Columbia Redevelopment Land Agency which shall enter into appropriate arrangements by negotiation or public bid to (i) lease all or part of the land bounded by Maine Avenue, Ninth Street and the Southwest Freeway, Southwest, to provide for the construction, maintenance and operation of a structured automobile parking facility designed to accommodate visitors to East Potomac P a r k and (ii) provide for the construction of (a) a public park or overlook, which park is to be maintained and operated by the National P a r k Service; and (b) roads providing access to the Tenth Street Mall from the Southwest Freeway and to and from Ninth Street, Southwest, which roads shall be maintained and operated by the District of Columbia. Any lease of the aforementioned area, executed by the District of Columbia Redevelopment Land Agency, shall provide appropriate easements for the construction, maintenance and operation of the aforesaid public park and roadways. Local agencies may enter into arrangements with the person, persons, corporation or corporations, as the Secretary may select pursuant to subsection (c) hereof for the construction and operation of necessary associated facilities otherwise authorized. (e)(1) There is hereby established an advisory committee, which mittt'^.^"'^^ '"""" shall be composed of the Chairman, National Capital Planning Com- Membership. mission; the Chairman, Commission of Fine A r t s; the President, Board of Commissioners of the District of Columbia; the Chief of Engineers, United States Army; the Chairman, District of Columbia

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1454

 1418

PUBLIC LAW 89.789-NOV. 7, 1966

[80 STAT.

Redevelopment Land Agency; and three members to be appointed by the Secretary of the Interior from among the residents of the Metropolitan Washington area. The ex-officio members of the Committee may be represented by their designees. (2) Members of the Committee shall serve without compensation, but the Secretary is authorized to pay any expenses reasonably incurred by the Committee in carrying out its responsibilities under this section. (3) The Secretary shall designate one member of the Committee to be Chairman. The Committee shall act and advise by the affirmative vote of a majority of its members. (4) The Secretary or his designee shall, from time to time, consult with and obtain the advice of the Committee with respect to matters relating to the design, construction, and operation of the bridge and any associated facilities. (f) The construction and operation of the bridge shall be at no expense to the Federal Government, and there are hereby authorized to be appropriated such sums as may be necessary for maintenance of the bridge and to carry out the other purposes of this section. Tau^ojjsa,^^ gj,^^ ]^]^2. The authorization of the comprehensive plan for the Alaiver, a., . bama-Coosa River and tributaries, as provided in the River and Harbor Act, approved March 2, 1945 (59 Stat. 10), as amended, insofar as it authorizes a development of the Crooked Creek site on the Tallapoosa River in Randolph County, Alabama, for electric power and other public purposes is hereby suspended to permit the development of the Tallapoosa River and tributaries by construction, operation, and maintenance of a dam located not more than fifteen miles below the confluence of the Tallapoosa and Little Tallapoosa Rivers and by other project works in accordance with the conditions of a license, if issued, pursuant to the provisions of the Federal Power Act (16 tlxjscjgia' U.S.C. 791(a)). If no application for license is made within two years after the date of the enactment of this section, or upon an order of the Federal Power Commission becoming final denying the application or applications for a license made within such two-year period, the authorization relating to the Crooked Creek site provided for in the Act, approved March 2, 1945 (59 Stat. 10), shall have the same status as it would have had if this section had not been enacted. Citation of title. SEC. 113. Title I of this Act may be cited as the "River and Harbor Act of 1966". TITLE II — F L O O D CONTROL ^3 USC yoU' 52 Stat. 1215. 33 USC 701C-1

l\ fiSn 7n 7."i ^ 33 USC 701-1.

SEC. 201. Section 3 of the Act approved June 22, 1936 (Public Law Numbered 738, Seventy-fourth Congress), as amended by section 2 of the Act approved June 28, 1938 (Public Law Numbered 761, Seventyfifth Congress), shall apply to all works authorized in this title except that for any channel improvement or channel rectification project, provisions (a), (b), and (c) of section 3 of said Act of June 22, 1936, shall apply thereto, except as otherwise provided by law. The authorization for any flood control project authorized by this Act requiring local cooperation shall expire five years from the date on which local interests are notified in writing by the Secretary of the Army or his designee of the requirements of local cooperation, unless said interests shall within said time furnish assurances satisfactory to the Secretary of the Army that the required cooperation will be furnished. SEC. 202. The provisions of section 1 of the Act of December 22, 1944 (Public Law Numbered 534, Seventy-eighth Congress, second session), shall govern with respect to projects authorized in this Act, and the procedures therein set forth with respect to plans, proposals,

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1455

 80

STAT.]

PUBLIC LAW 89-789-NOV. 7, 1966

or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto shall apply as if herein set forth in full. SEC. 203. The following works of improvement for the benefit of Projects. navigation and the control of destructive floodwaters and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers in accordance with the plans in the respective reports hereinafter designated and subject to the conditions set forth therein. The necessary plans, specifications, and preliminary work may be prosecuted on any project authorized in this title with funds from appropriations hereafter made for flood control so as to be ready for rapid inauguration of a construction program. The projects authorized in this title shall be initiated as expeditiously and prosecuted as vigorously as may be consistent with budgetary requirements. Penstocks and similar facilities adapted to possible future use in the development of hydroelectric power shall be installed in any dam authorized in this Act for construction by the Department of the Army when approved by the Secretary of the Army on the recommendation of the Chief of Engineers and the Federal Power Commission. M E R R I M A C K RIVER B A S I N

The project for North Nashua Kiver, Massachusetts, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 113, Eighty-ninth Congress, at an estimated cost of $15,816,000. The project for flood protection on the Sudbury River at Saxonville, Massachusetts, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 61, Eighty-ninth Congress, at an estimated cost of $1,300,000. LONG I S L A N D

SOUND

The project for flood protection on the Pequonnock River, Connecticut, is hereby authorized substantially as recommended by the Chief of Engineers in Senate Document Numbered 115, Eighty-ninth Congress, at an estimated cost of $5,000,000. MIDDLE A T L A N T I C

COASTAL AREA

The project for hurricane-flood control protection at Beaufort Inlet to Bogue Inlet, North Carolina, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 479, Eighty-ninth Congress, at an estimated cost of $320,000. The project for hurricane-flood control protection at Bogue Inlet to Moore Inlet, North Carolina, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 480, Eighty-ninth Congress, at an estimated cost of $1,249,000. The project for hurricane-flood control protection from Cape Fear to the North Carolina-South Carolina State line. North Carolina, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 511, Eighty-ninth Congress, at an estimated cost of $12,310,000. The project for hurricane-flood control protection for Mainland Areas, North Carolina, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House

1419

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1456

 1420

PUBLIC LAW 89-789-NOV. 7, 1%6

[80 STAT.

Document Numbered 475, Eighty-ninth Congress, at an estimated cost of $2,048,000. The project for hurricane-flood control protection for the Outer Banks—Virginia State line to Hatteras, North Carolina, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 476, Eightyninth Congress, at an estimated cost of $6,652,000. SAVANNAH

BITER

BASIN

The project for construction of the Trotters Shoals Reservoir on the Savannah River, Georgia and South Carolina, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 52, Eighty-ninth Congress, at an estimated cost of $84,900,000. Nothing in this Act shall be construed to authorize inclusion of pumped storage power in this project. LOWER M I S S I S S I P P I RIVER B A S I N

Project modifica^ h e projcct for flood control and improvement of the lower Missis^°33 USC 702a. sippl River, adopted by the Act of May 15, 1928 (45 Stat. 534) as 70 2m, amended and modified by subsequent Acts of Congress, including the 79 Stat. 1073. Flood Coutrol Act of 1965 (Public Law 89-298), is hereby further modified and expanded to include the following items: (1) The project for flood protection in the Teche-Vermilion Basins, Louisiana, substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 524, Eightyninth Congress, at an estimated cost of $5,100,000. (2) Bank revetment for the protection of existing industrial facilities along the river below Baton Rouge, Louisiana, where, in the discretion of the Chief of Engineers, such bank protection is justified. ARKANSAS A N D RED RIVERS

The project for water quality control in the Arkansas and Red River Basin, Texas, Oklahoma, and Kansas, designated as Part I is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 110, Eightyninth Congress, at an estimated cost of $46,400,000. Actual construction of the part I works shall not be initiated until the related and supporting works of part II have been authorized by Congress. O U A C H I T A RIVER

79 Stat. 1077.

BASIN

The project for Bayou Bartholomew, Arkansas and Louisiana, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 506, Eighty-ninth Congress, at an estimated cost of $9,360,000. The project of or flood protection on the Ouachita River at Monroe, Loulslaua, authorized in section 204 of the Flood Control Act of 1965, is hereby modified to provide for construction in accordance with plan B in House Document Numbered 328, Eighty-eighth Congress, at an estimated cost of $1,160,000. U P P E R M I S S I S S I P P I RIVER B A S I N

The project for flood protection on the Mississippi River between river mile 195 and mile 300, Illinois and Missouri, is hereby authorized substantially in accordance with the recommendations of the Chief of

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1457

 80

STAT.]

PUBLIC LAW 89-789-NOV. 7, 1966

1421

Engineers in House Document Numbered 510, P2ighty-ninth Congress, at an estimated cost of $7,193,000. OHIO

RIVP:R

BASIN

The project for Little Sandy River and Tygarts Creek, Kentucky, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 517, Eighty-ninth Congress, at an estimated cost of $15,000,000. The project for Taylorsville Reservoir, Salt River, Kentucky, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 502, Eighty-ninth Congress, at an estimated cost of $24,800,000. The project for Stonewall Jackson Reservoir, West Fork River, West Virginia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 109, Eighty-ninth Congress, at an estimated cost of $34,500,000. M E R A M E C RIVER B A S I N

The project for flood protection and other purposes in the Meramec River Basin, Missouri, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 525, Eighty-ninth Congress, at an estimated cost of $4:5,971,000: Provided, That construction of this project shall •...? <,

•^

^

T\

• 1

^

^

ir

J

not be initiated until the President has approved a report prepared by the Secretary of the Army reexamining the basis on which the project was formulated and the arrangements for cost sharing. GREAT L A K E S B A S I N

The project for flood protection on the Maumee River at Ottawa, Ohio, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 485, Eighty-ninth Congress, at an estimated cost of $3,413,000. The project for flood protection on Red Creek, Monroe County, New York, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 107, Eighty-ninth Congress, at an estimated cost of $1,430,000. P A J A R O RIVER B A S I N

The project for flood protection on the Pajaro River, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 491, Eighty-ninth Congress, at an estimated cost of $11,890,000. K L A M A T H RIVER BASIN

The project for flood protection on the Klamath River at and in the vicinity of Klamath, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 478, Eighty-ninth Congress, at an estimated cost of $2,460,000. COLUMBIA RIVER B A S I N

The project for flood protection on the Boise River, vicinity of Boise, Idaho, is hereby authorized substantially in accordance with the rec65-300 0-67—92

Presidential app r o v a l of report.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1458

 1422

PUBLIC LAW 89-789-NOV. 7, 1966

[80 STAT.

ommendations of the Chief of Engineers in House Document Numbered 486, Eighty-ninth Congress, at an estimated cost of $1,576,000. SACRAMENTO RIVER BASIN

The project for Marysville Dam and Reservoir, Yuba River Basin, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 501, Eighty-ninth Congress, at an estimated cost of $132,900,000. RUSSIAN RIVER BASIN

The project for Knights Valley, Russian River Basin, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 518, Eighty-ninth Congress, at an estimated cost of $166,800,000. SKAGIT RIVER BASIN

San Francisco Bay area. 76 Stat. 1191.

Libby Dam and Reservoir project, Mont. School facilities.

Flood hazards, etc., studies. 33 USC 709a.

The project for flood protection on the Skagit River, Washington, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 483, Eighty-ninth Congress, at an estimated cost of $5,804,000. SEC. 204. The second paragraph under the heading "San Francisco Bay Area" in section 203 of the Flood Control Act of 1962 is hereby amended to read as follows: "The project for Corte Madera Creek, Marin County, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 545, Eighty-seventh Congress, at an estimated cost of $7,790,000. Local interests shall contribute in cash 1.5 per centum of the Federal construction cost of the Ross Valley Unit, a contribution presently estimated at $110,000." SEC. 205. The Secretary of the Army acting through the Chief of Engineers is authorized to provide such school facilities as he may deem necessary for the education of dependents of persons engaged on the construction of the Libby Dam and Reservoir project, Montana, and to pay for the same from any funds available for such project. When he determines it to be in the public interest, the Secretary, acting through the Chief of Engineers, may enter into cooperative arrangements with local agencies for the operation of such Government facilities, for the expansion of local facilities at Federal expense, and for contributions by the Federal Government to cover the increased cost to local agencies of providing the educational services required by the Government. SEC. 206. Section 206 of the Flood Control Act of 1960 (74 Stat. 500) is amended to read as follows: "SEC. 206. (a) I n recognition of the increasing use and development of the flood plains of the rivers of the United States and of the need for information on flood hazards to serve as a guide to such development, and as a basis for avoiding future flood hazards by regulation of use by States and political subdivisions thereof, and to assure that Federal departments and agencies may take proper cognizance of flood hazards, the Secretary of the Army, through the Chief of Engineers, is hereby authorized to compile and disseminate information on floods and flood damages, including identification of areas subject to inundation by floods of various magnitudes and frequencies, and general criteria for guidance of Federal and non-Federal interests and agencies in the use of flood plain areas; and to provide advice

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1459

 80 STAT.]

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

1423

to other Fecleial ajjeiicies and local interests for their use in planning io ameliorate the flood hazard. Surveys and guides will be made for States and political subdivisions thereof only upon the request of a State or a political subdivision thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and approval. " (b) The Secretary of the Army is authorized to expend Jiot to Appropriation. exceed $7,000,000 per fiscal year for the compilation and dissemination of information under this section." SEC. 207. The project for the improvement of the Mississippi Eiver tribufin^T^"^^^^^ below Cape Girardeau with respect to the West Tennessee tributaries, Gas lines, reauthorized in the Flood Control Act of 1948, is hereby modified to ^°g2*s°at ii78 provide that the Secretary of the Army, acting through the Chief of Engineers, shall, subsequent to enactment of this Act, relocate at Federal expense all gas transmission lines required to be relocated by this project, or at his discretion, reimburse local interests for such I'elocations made by them. SEC. 208. Section 2 of the Act of June 28, 1879 (21 Stat. 37; 8H Mississippi U.S.C. 642), is amended (1) by inserting in the third sentence thereof ^•onl,l°1'^'^' after "and the commissioners appointed under this Act" a comma appointment, etc. the following: "except those appointed from civil life," and (2) by adding at the end thereof the following new sentence: "Each commissioner appointed from civil life after the date of enactment of this sentence shall be appointed for a term of nine years." SEC. 209. The Secretary of the Army is hereby authorized and n^foVc^ntroTand directed to cause surveys for flood control and allied purposes, includ- amed purposes. ing channel and major drainage improvements, and floods aggravated by or due to wind or tidal effects, to be made under the direction of the Chief of Engineers, in drainage areas of the United States and its territorial possessions, which include the localities specifically named in this section. After the regular or formal reports made on any Reports to consurvey authorized by this section are submitted to Congress, no sup- ^'•^^^• plemental or additional report or estimate shall be made unless authorized by law except that the Secretary of the Army may cause a review of any examination or survey to be made and a report thereon submitted to Congress, if such review is required by the national defense or by changed physical or economic conditions. Watersheds and streams of Puerto Rico and the Virgin Islands, with respect to a framework plan for developing water resources of the region. Watersheds and streams within the alluvial valley of the Mississippi River below Cairo, Illinois, with respect to a framework plan for developing water resources of the region. Watersheds and streams draining into the Great Lakes including the lake areas within the United States, and into the St. Lawrence River at points within the United States with respect to a framework plan for developing water resources of the region. The Souris River and the Red River of the north and tributaries within the United States, including adjacent streams in Minnesota draining into Canada, with respect to a framework plan for developing water resources of the region. The Arkansas, White, and Red Rivers and tributaries, exclusive of their drainage lying in the alluvial valley of the Mississippi River, with respect to a framework plan for developing water resources of t he region. Watersheds and streams and their tributaries which drain into the Gulf of Mexico along the coastline of Texas, exclusive of the Rio

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1460

 1424

Lower M i s s i s sippi. Availability of funds. 79 Stat. 1077.

E e l River, Calif., reimbursement for protective works.

Citation of title.

PUBLIC LAW 89-790-NOV. 7, 1966

[80 STAT.

Grande River, with respect to a framework plan for developing water resources of the region. Watersheds and streams of Hawaii, with respect to a framework plan for developing water resources of the region. Watersheds and streams of Alaska, with respect to a framework plan for developing water resources of the region. Great South Bay, New York, including the waters of adjoining lesser bays and inlets with respect to water utilization and control. Such investigations and study shall include, but not be limited to, navigation, fisheries, flood control, control of noxious weeds, water pollution, water quality control, beach erosion, and recreation. Cibolo Creek, in and near the community of Presidio, Texas. Pacific Palisades Area at and in the vicinity of Los Angeles County, California, study of landslides, soil erosion, surface and subsurface drainage conditions, flood control and seismic disturbances. Such study to be made in cooperation with the United States Geological Survey of the Department of the Interior. S p r m g Valley Creek, Sweetwater River, California. SEC. 210. The last sentence of the first paragraph under the heading "Lower Mississippi River Basin" in section 204 of the Flood Control Act of 1965 is hereby amended to read as follows: "The monetary authorization for the lower Mississippi River project authorized by this Act shall be combined with the overall monetary authorization heretofore made available for prosecution of the entire lower Mississippi River and tributaries project and be available for application to any portion of the entire project." SEC. 211. The Secretary of the Army shall reimburse any common carrier by railroad for the cost of protective works constructed by such carrier during the year 1966 along the banks of the Eel River, California, to deter recurrence of damage to land banks by floods or high waters, but such reimbursement shall not exceed $1,200,000. SEC. 212. Title II of this Act may be cited as the "Flood Control Act of 1966". Approved November 7, 1966.

Public Law 89-790 November 7, 1966 [ H. R. 14604]

AN ACT T<» siuthori/H ii study <»f facilities and services to pe furnished visitors and students coniintr to the Nation's Capital.

Be it enactejl by the Sermte iind House of Representatives of the Nation's Capital, United States of Amenca m CongresH anHewhled^ That there is hereby "'stud" commis-^" Created a Study Commission which shall make a full and complete sion. investigation and study of sites and plans to provide facilities and services for visitors and students coming to the Nation's Capital. Such study may include provision for the following activities and services: (1) exhibits, lectures, films, and displays for informing, instructing, and orienting visitors respecting the history, growth, development of the Nation, the Nation's Capital, and the organization and oj^eration of the Federal Government in all its branches; (2) exhibits and displays by the individual States, territories, possessions, and the District of Columbia with respect to their history, resources, scenic attractions, and other appropriate matters;

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1461

 80 STAT.]

PUBLIC LAW 89-790-NOV. 7, 1966

(8) providing information and assistance to visitor's to facilitate their enjoyment and appreciation of the Nation's Capital and its historic and cultural resources; (4) providing specialized information and assistance to foreign visitors to facilitate and encourage their travel throughout the United States; (5) providing special services to visiting student groups, Including scheduling, registration, and coordination of tours; and (6) providing auxiliary services such as parking, local trans{X)rtation, and information centers at strategic locations necessary for the convenience of visitors. SEC. 2. (a) The Study (Commission shall be composed of the Secretary of the Interior, the Administrator of General Services, the Secretary of the Smithsonian Institution, the Chairman of the Council on the Arts and Humanities, the Chairman of the National Capital PlanJiing (commission, the Chairman of the Commission of Fine Arts, six Members of the Senate, three from each party, to be appointed by the President of the Senate, and six Members of the House of Representatives, three from each party, to be appointed by the Speaker of the House of Representatives, and three additional members appointed by the President, at least two of whom shall not be officers of the Federal Government. Non-Federal members shall serve at the pleasure of the President. The Secretary of the Interior shall be the Chairman of the Study Commission. The Study Commission shall jneet at the call of the Chairman. (b) Members of the Study Commission who are not officers oiemployees of the Federal or District Government shall be entitled to jeceive compensation in accordance with section 15 of the 'Act of August 2,1S46 (5 LLS.C. 55a), and travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-z) for persons in the Government service employed intermittently. (c) The Director of the National Park Service, in consultation with the Administrator of the General Services Administration shall proA'ide necessary staff and facilities to assist the Commission in carrying out its duties under this Act. SEC. 3. The Commission shall report the results of its study and investigation to Congress not later than September 15, 1967. Such report shall include its recommendations as to a, site or sites for the facilities to be provided together with preliminary plans, specifications, and architectural drawings for such facilities and the estimated cost of the recommended sites and facilities. SEC. 4. There is authorized to be appropriated not to exceed $60,000 to carry out this Act. Approved November 7, 1966.

1425

Members.

Compensation.

60 Stat. 810.

Report to Congress.

Appropriation.

�


text: Dictionary of National Biography, 1885-1900/William III


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1462

 1426

PUBLIC LAW 89-791-NOV. 7, 1966

[80 STAT.

Public Law 89-791 November 7, 1966 [H. R. 1 6 9 5 8 ]

District of Columbia Public Education Act.

AN ACT

To authorize the establishment in the District of Columbia of a public college of arts and sciences and a vocational and technical institute. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Public Education Act". TITLE I—FEDERAL CITY COLLEGE

Definitions

SEC. 101. As used in this title— (1) The term "Federal City College" means the public college of arts and sciences established pursuant to this title. Such college shall be organized and administered to provide (A) a four-year program in the liberal arts and sciences acceptable toward a bachelor of arts degree, including courses in teacher education; (B) a two-year program (i) which is acceptable for full credit toward a bachelor's degree or for a degree of associate in arts, and which may include courses in business education, secretarial training, and business administration, or (ii) in engineering, mathematics or the physical and biological sciences which is designed to prepare a student to work as a technician or at a semiprofessional level in engineering, sciences, or other technical fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge; (C) educational programs of study as may be acceptable for a master's degree; and (D) courses on an individual, noncredit basis to those desiring to further their education without seeking a degree. (2) The term "Commissioners" means the Board of Commissioners of the District of Columbia. (3) The term "Board" means the Board of Higher Education established in section 102 of this title. (4) The term "Board of Education" means the Board of Education of the District of Columbia established by section 2 of the Act 34 Stat. 316 of June 30, 1906 (D.C. Code, sec. 31-101). 45 Stat. 1139; SEC. 102. (a) The Federal City College shall be under the control 71 Stat. 340 Control by Board of a Board of Higher Education, which shall consist of nine members igher uca- ^^ whom uot less than five shall have been residents of the District of Columbia for a period of not less than three years immediately prior to their appointments. The members of the Board (including all members appointed to fill vacancies on such Board) shall be appointed by the Commissioners. The members of the Board shall select a chairman from among their number. Such members shall be appointed for terms of three years; except that the terms of office of the members first taking office shall expire, as designated by the Commissioners at the time of appointment, three at the end of one year, three at the end of two years, and three at the end of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of that term. Members of the Board shall serve without compensation, but may be reimbursed for their travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons serving the Ante, p. 499. Government without compensation. Removal for (b) The Commissioner shall have the power to remove any member of the Board at any time for adequate cause, which relates to his character or to his efficiency as a member, after notice and opportunity for hearing. Personal liabil (c) The members of the Board shall not be personally liable in ity, exemption. damages for any official action of the Board in which such members

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1463

 80

STAT.]

PUBLIC LAW 89-791-NOV. 7, 1966

1427

participate, nor shall they be liable for any costs that may be taxed against them or the Board on account of any such official action by them as members of the Board, but such costs shall be charged to the District of Columbia and paid as other costs are paid in suits against the municipality; nor shall the Board or any of its members be required to give any bond or security for costs or damages on any appeal whatever. SEC. 103. (a) The Board is vested with the following powers and jy^°J^^'"^ ^"'^ duties: (1) To develop detailed plans for and to establish, organize, and operate in the District of Columbia the Federal City College. (2) To establish policies, standards, and requirements governing admission, programs, graduation (including the award of degrees) and general administration of the Federal City College. (3) To appoint and compensate, without regard to the civil po^nf^tm" ^^ service laws or chapter 51 and subchapter III of chapter 53 of title 5, United States Code, a president for the Federal City College. (4) To employ and compensate such officers as it determines necessary for the Federal City College, and such educational employees for the Federal City College as the president thereof may recommend in writing. Such officers and educational employees may be employed and compensated without regard to— (A) the civil service laws, (B) chapter 61 and subchapter III of chapter 53 of title 5, United States Code (relating to classification of positions ^^^^^' ^^' '*^' in Government service), (C) sections 6301 through 6305 and 6307 through 6311 of title 5, United States Code (relating to annual and sick, ^"'e, p. si6. leave for Federal employees), (D) chapter 15 and sections 7324 through 7327 of title 5, United States Code (relating to political activities of Gov- 52^"'^' ^P* '**'^' ernment employees), (E) section 3323 and subchapter III of chapter 81 of title Ante, 5, United States Code (relating to civil service retirement), 564. p p. 422, and (F) sections 3326, 3501, 3502, 5531 through 5533, and 6303 of title 5, United States Code (relating to dual pay and Ante, p. 423. dual employment), but the employment and compensation of such officers and educational employees shall be subject to— (i) sections 7902, 8101 through 8138, and 8145 through 8150 of title 5, United States Code, and sections 292 and 1920 ^"'^' P- ^30. through 1922 of title 18, United States Code (relating to gio"'^'"'' ^°^' compensation for work inj uries), (ii) chapter 87 of title 5, United States Code (relating to Ante, p. 592. Government employees group life insurance), (iii) chapter 89 of title 5, United States Code (relating to Ante, p. 599. health insurance for Government employees), and (iv) sections 1302, 2108, 3305, 3306, 3308 through 3320, 3351, 3363, 3364, 3501 through 3504, 7511, 7512, and 7701 of title 5, United States Code (relating to veteran's preference). Ante, p. 401. Subject to the approval of the Commissioners, the compensation uigg^^*^^ schedschedules for such officers and employees shall be fixed and ad- Periodic adjustjusted from time to time consistent with the public interest and in ment. accordance with rates for comparable types of positions in like institutions of higher education. Salary levels shall be determined based on duties, responsibilities, and qualifications. The Board, upon the recommendations of the president of the college, shall

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1464

 1428

PUBLIC LAW 89-791-NOV. 7, 1966

Noneducational employees.

Tuition.

Appropriation estimates. Trust fund account.

[80 STAT.

establish, with the approval of the Commissioners and ^yithout regard to the provisions of any other law, retirement and leave systems for such officers and employees which shall be comparable to such systems in like institutions of higher education. (5) To employ and compensate noneducational employees of the Board and of the Federal City College in accordance with— (A) the civil service laws, (B) chapter 51 and subchapter III of chapter 53 of title 5, United States Code (relating to classification of positions in government service), (C) section 3323 and subchapter III of chapter 81 of title 5, United States Code (relating to civil service retirement), (D) sections 7902, 8101 through 8138, and 8145 through 8150 of title 5, United States Code, and sections 292 and 1920 through 1922 of title 18, United States Code (relating to compensation for work injuries), (E) chapter 87 of title 5, United States Code (relating to government employees group life insurance), (F) chapter 89 of title 5, United States Code (relating to health insurance for government employees), (G) sections 1302, 2108, 3305, 3306, 3308 through 3320, 3351, 3363, 3364, 3501 through 3504, 7511, 7512, and 7701 of title 5, United States Code (relating to veteran's preference), and (H) any other laws applicable to noneducational employees of the Board of Education. (6) To fix, from time to time, tuition to be paid by students attending the Federal City College. Tuition charged nonresidents shall be fixed in such amounts as will, to the extent feasible, approximate the cost to the District of Columbia of the services for which such charge is imposed. Receipts from the tuition charged students attending the college shall be deposited to the credit of the General F u n d of the District of Columbia. (7) To fix, from time to time, fees to be paid by students attending the Federal City College. Receipts from such fees shall be deposited into a revolving fund in a private depository in the District, which fund shall oe available, without fiscal year limitation, for such purposes as the Board shall approve. The Board is authorized to make necessary rules respecting deposits into and withdrawals from such fund. (8) To transmit annually to the Commissioners estimates of the appropriation required for the Federal City College for the ensuing year. (9) To accept services and moneys, including gifts or endowments, from any source whatsoever, for use in carrying out the purposes of this title. Such moneys shall be deposited in the Treasury of the United States to the credit of a trust fund account which is hereby authorized and may be invested and reinvested as trust funds of the District of Columbia. The disbursement of the moneys from such trust funds shall be in such amounts, to such extent, and in such manner as the Board, in its judgment, may determine necessary to carry out the purposes of this title. (10) To submit to the Commissioners recommendations relating to legislation affecting the administration and programs of the Federal City College. (11) To make such rules and regulations as the Board deems necessary to carry out the purposes of this title.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1465

 80

STAT.]

PUBLIC LAW 89-791-NOV. 7, 1966

1429

D. C. (12) To assume control of the District of Columbia Teachers College,T e a c h e r s transfer. College established pursuant to the Act approved February 25, 1929 (D.C. Code, sec. 31-118), from the Board of Education at ^s Stat. ure. such time as may be mutually agreed upon by such Boards and approved by the Commissioners. A t such time, the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available for such Teachers College are authorized to be transferred to, and brought under the control of, such Board of Higher Education, except that the laboratory schools shall remain under the control and management, and the employees assigned to such schools shall remain subject to the supervision of, the Board of Education. The noneducational employees of the Teachers College at the time the control of such Teachers College is assumed by the Board of Higher Education, shall retain all benefits provided by any law applicable to noneducational employees of the Board of Education, and shall be subject to any benefits provided for noneducational employees of the Board of Higher Education. The educational employees of the Teachers College at the time the control of such College is assumed by the Board of Higher Education shall be subject to the same benefits provided for all educational employees of the Board of Higher Education pursuant to paragraph (4) of this subsection, except that such educational employees may elect, within ninety days of such time, to remain subject to the provisions of the Act entitled "An Act for the retirement of public school teachers in the District D. C. Code 31of Columbia", approved August 7, 1946 (60 Stat. 875). 721 et seq. (13) To provide for the crediting to educational employees of the Teachers College, pursuant to the leave system established for educational employees of the Board of Higher Education under this title, leave accumulated pursuant to the provisions of the District of Columbia Teachers' Leave Act of 1949. "c^^code^ii(b) A person shall, at the time of his registration to attend the egi'note." Federal City College, be considered to be a legal resident of the ^^^^^ resident. District of Columbia for purposes of paragraph (6) of subsection (a) i f (1) such person is domiciled in the District of Columbia on the date of such registration and has been so domiciled during all of the three-month period immediately preceding such date; and (2) in case such person on such date— (A) has not attained twenty-one years of age, (B) has not been relieved of the disabilities of minority by order of a court of competent jurisdiction, and (C) has a living parent or a court-appointed guardian or custodian, there is domiciled in the District of Columbia on such date an individual who is the parent or court-appointed guardian or custodian of such person, and Avho has been so domiciled for all of the three-month period immediately preceding such date. SEC. 104.. The Commissioners and the Board of Education may ^^^J'^" ^""^ ^^'^ furnish to the Board, upon request of such Board, such space and facilities in private buildings or in public buildings of the government of the District of Columbia, records, information, services, personnel, offices, and equipment as may be available and which are necessary to enable the Board properly to perform its functions under this title.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1466

 1430 Fiscal ability.

45 Stat. 1504.

License validity.

PUBLIC LAW 89-791-NOV. 7, 1966

[80 STAT.

SEC. 105. All obligations and disbursements foi* the purpose of this title shall be incurred, made, and accounted for in the same manner as other obligations and disbursements for the District of Columbia and, except as provided in paragraph (9) of section 103 of this title, under the direction and control of the Commissioners. SEC. 106. (a) Sections 586b-586e of subchapter 1 of chapter 18 of the Act of March 3, 1901 (D.C. Code, secs. 29-415—29-418), is amended (1) by striking out "Board of Education" wherever it appears in such subchapter and by inserting in lieu thereof "Board of Higher Education'-, and (2) by adding at the end thereof the following new section: SEC. 586g. As used in this subchapter, the term 'Board of Higher Education' means the Board of Higher Education established pursuant to title I of the District of Columbia Public Education Act."' (b) Nothing contained in the amendment made by this section shall be construed as affecting the validity of any license issued by the Board of Education prior to the date of the enactment of this title. TITLE II — W A S H I N G TO N T E C H N I C A L I N S T I T H TE

Definitions,

34 Stat. 316; 45 Stat. 1139; 71 Stat. 340. Control by Board of Vocational Education.

Ante, p. 499. Removal for

SEC. 201. As used in this title— (1) The term "Washington Technical Institute" means the vocational and technical school established pursuant to this title. Such institute shall provide (A) vocational and technical education designed to fit individuals for useful employment in recognized occupations; and (B) vocational ajid technical courses on an individual, noncredit basis. (2) The term "Commissioners" means the Board of Commissioners of the District of Columbia. (3) The term "Vocational Board" means the Board of Vocational Education established by section 202 of this title. (4) The term "Board of Education" means the Board of l^ducation of the District of Columbia established by section 2 of the Act of June 30, 1906 (D.C. Code, sec. 31-101). SEC. 202. (a) The Washington Technical Institute shall be under the control of a Board of Vocational Education which shall consist of nine members appointed by the President of the United States. Of the nine members, at least six shall be selected from industry. The members of the Vocational Board shall select a chairman from among their own number. The members of the Vocational Board shall be appointed for terms of three years; except that the terms of office of the members first taking office shall expire, as designated by the President at the time of appointment, three at the end of one year, three at the end of two years, and three at the end of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of that term. A vacancy in the Vocational Board shall be filled in the same manner as the original appointment was made. Members of the Vocational Board shall serve without compensation, but may be reimbursed for their travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons serving the Government without compensation. (b) The President of the United States may remove, in accordance with the provisions of this subsection, any member of the Vocational Board for adequate cause affecting his character and efficiency as a

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1467

 80

STAT.]

PUBLIC LAW 89-791-NOV. 7, 1966

member. If the President determines that, with respect to any such member, there is adequate cause affecting his character and efficiency as a member, the President may appoint a special investigating board, consisting of not more than three members, to consider the matter. The investigating board, in considering such matter, shall hold public hearings and, on the basis thereof, report to the President with respect to their findings of fact and recommendations. Following the receipt by him of such report, the President may remove such member from office. (c) The members of the Vocational Board shall not be personally liable in damages for any official action of the Vocational Board in which such members participate, nor shall they be liable for any costs that may be taxed against them or the Vocational Board on account of any such official action by them as members of the Vocational Board, but such costs shall be charged to the District of Columbia and paid as other costs are paid in suits against the municipality; nor shall the Vocational Board or any of its members be required to give any bond or security for costs or damages on any appeal whatever, SEC. 203. (a) The Board is hereby vested with the following powers and duties: (1) To develop detailed plans for and to establish, organize, and operate in the District of Columbia the Washington Technical Institute. (2) To establish policies, standards, and requirements governing admission, programs, graduation (including the award of degrees) and general administration of the Washington Technical Institute. (3) To appoint and compensate, without regard to the civil service laws or chapter 51 and subchapter III of chapter 53 of title 5, United States Code, a president for the Washington Technical Institute. (4) To employ and compensate such officers as it determines necessary for the Washington Technical Institute, and such educational employees for the Washington Technical Institute as the president thereof may recommend in writing. Such officers and educational employees may be employed and compensated without regard to— (A) the civil service laws, (B) chapter 51 and subchapter III of chapter 53 of title 5, United States Code (relating to classification of positions in Government service), (C) sections 6301 through 6305 and 6307 through 6311 of title 5, United States Code (relating to annual and sick leave for Federal employees), (D) chapter 15 and sections 7324 through 7327 of title 5, United States Code (relating to political activities of Government employees), (E) section 3323 and subchapter III of chapter 81 of title 5, United States Code (relating to civil service retirement), and (F) sections 3326, 3501, 3502, 5531 through 5533, and 6303 of title 5, United States Code (relating to dual pay and dual employment), but the employment and compensation of such officers and educational employees shall be subject to— (i) sections 7902, 8101 through 8138, and 8145 through 8150 of title 5, United States Code, and sections 292 and 1920

1431

^ ^^P"'* *°

. Personal uabii^ ^' ^''^™P*^°"-

^ u u X " ^"^

^^ntmJlT*^' ^^

"*"'®' P- '*'*3. Ante, p. sie. 53^"'*' ^^' '^°^' gg^"'^' ^^' '*^^' '^'®' ^- '^^^•

^ ' ^ ' P- " ° '

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1468

 1432 Ante, pp. 608, Ante, p. 592. Ante, p. 599.

Ante, p. 401.

uies^^*^^ ^'^^^'^ " Periodic adjustment,

Noneducational employees.

 * r"i"°n-

^**"'

PUBLIC LAW 89-791-NOV. 7, 1966

[80 STAT.

thiough 1922 of title 18, United States Code (relating to compensation for work injuries), (ii) chapter 87 of title 5, United States Code (relating to Government employees group life insurance), (iii) chapter 89 of title 5, United States Code (relating to health insurance for Government employees), and (iv) sections 1302, 2108, 3305, 3306, 3308 through 3320, 3351, 3363j 3364, 3501 through 3504, 7511, 7512, and 7701 of title 5, United States Code (relating to veteran's preference). Subject to the approval of the Commissioners, the compensation schedulcs for such officers and employees shall be fixed and adjusted from time to time consistent with the public interest and m accordance with rates for comparable types of positions in like technical institutes. Salary levels shall be detennined based on duties, responsibilities, and qualifications. The Vocational Board, upon the recommendations of the president of the Washington Technical Institute, shall establish, with the approval of the Commissioner and without regard to the provisions of any other law, retirement and leave systems for such officers and employees which shall be comparable to such systems in like technical institutes. (5) To employ and compensate noneducational employees of the Vocational Board and the Washington Technical Institute in accordance with— (A) the civil service laws, (B) chapter 51 and subchapter III of chapter 53 of title 5, United States Code (relating to classification of positions in Government service), (C) section 3323 and subchapter III of chapter 81 of title 5, United States Code (relating to civil service retirement), (D) sections 7902, 8101 through 8138, and 8145 through 8150 of title 5, United States Code, and sections 292 and 1920 through 1922 of title 18j United States Code (relating to compensation for work injuries), (E) chapter 87 of title 5, United States Code (relating to Government employees group life insurance), (F) chapter 89 of title 5, United States Code (relating to health insurance for Government employees), (G) sections 1302, 2108, 3305, 3306, 3308 through 3320, 3351, 3363, 3364, 3501 through 3504, 7511, 7512, and 7701 of title 5, United States Code (relating to veteran's preference), and (H) any other laws applicable to noneducational employees of the Board of Education. (6) To fix, from time to time, tuition to be paid by students attending the Washington Technical Institute. Tuition charged nonresidents shall be fixed in such amounts as will, to the extent feasible, approximate the cost to the District of Columbia of the services for which such charge is imposed. Receipts from the tuition charged students attending the institute shall be deposited to the credit of the general fund of the District of Columbia. (7) Tofix, from time to time, fees to be paid by students attending the Washington Technical Institute. Receipts from such fees shall be deposited into a revolving fund in a private depository in the District, which fund shall be available, without fiscal year

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1469

 80

STAT.]

PUBLIC LAW 89.791-NOV. 7, 1966

1433

limitation, for such purposes as the Vocational Board shall approve. The Vocational Board is authorized to make necessary rules respecting deposits into and withdrawals from such fund. (8) To transmit annually to the Commissioners estimates of Appropriation the appropriation required for the Washington Technical Institute for the ensuing year. (9) To accept services and moneys, including gifts or endow- '^'•"^* ^""'^ ments, from any source whatsoever, for use in carrying out the purposes of the title. Such moneys shall be deposited in the Treasury of the United States to the credit of a trust fund account which is hereby authorized and may be invested and reinvested as trust funds of the District of Columbia. The disbursement of the moneys from such trust funds shall be in such amounts, to such extent, and in such manner as the Vocational Board, in its judgment, may determine necessary to carry out the purposes of this title. (10) To submit to the Commissioners recommendations relating to legislation affecting the administration and programs of the Washington Technical Institute. (11) To make such rules and regulations as the Vocational Board deems necessary to carry out the purposes of this title. (b) A person shall, at the time of his registration to attend the ^^^ai resident. Washington Technical Institute, be considered to be a legal resident of the District of Columbia for purposes of paragraph (6) of subsection (a) if— (1) such person is domiciled in the District of Columbia on the date of such registration and has been so domiciled during all of the three-month period immediately preceding such date; and (2) in case such person on such date— (A) has not attained twenty-one years of a^e, (B) has not been relieved of the disabilities of minority by order of a court of competent jurisdiction, and (C) has a living parent or a court-appointed guardian or custodian, there is domiciled in the District of Columbia on such date an individual who is the parent or court-appointed guardian or custodian of such person, and who has been so domiciled for all of the three-month period immediately preceding such date. SEC. 204. The Commissioners and the Board of Education may f^ff,^"^^"'^ furnish to the Vocational Board, upon request of such Board, such facilities. space and facilities in private buildings or in public buildings of the government of the District of Columbia, records, information, services, personnel, offices, and equipment as may be available and which are necessary to enable the Vocational Board properly to perform its functions under this title. Fiscal SEC. 205. All obligations and disbursements for the purpose of this ability. accountitle shall be incurred, made, and accounted for in the same manner as other obligations and disbursements for the District of Columbia and, except as provided in paragraph (9) of section 203 of this title, under the direction and control of the Commissioners. TITLE III—AUTHORIZATION OF APPROPRIATIONS SEC. 301. (a) There is authorized to be appropriated from the revenues of the District of Columbia not to exceed $50,000,000 to carry out the purposes of titles I and II of this Act. The authorization made

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1470

 1434

Loan authorization. Ante, p. 857.

PUBLIC LAW 89-792-NOV. 7, 1966

[80 STAT.

by this subsection shall include any amounts made available pursuant to the amendment made by subsection (b) of this section. (b) Subsection (b) of the first section of the Act approved June (5, 1058 (D.C. (>ode, sec. i)-2'20(b)), is amended— (1) by striking out $250,000,000" in the first sentence and inserting in lieu thereof $290,000,000", and (2) by inserting immediately before the period at the end of the first sentence the following: "and (3) $40,000,000 of the principal amcmnt of loans authorized to be advanced pursuant to this subsection shall be utilized to carry out the purposes of titles 1 and II of the District of Columbia Public Education Act". Approved November 7, 1966.

Public Law 89-792 November 7, 1966 [ H. R. 16715]

Manpower Development and Training Amendments of 1966. 79 Stat. 76. 42 USC 2572b. 42 USC 2572c.

76 Stat. 25; 77 Stat. 422. 42 USC 2582.

Referral for training.

AN ACT To amend the Manpower Development and Training Act of 1962.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Manpower Development and Training Amendments of 1966". SEC. 2. (a) Section 104(a) of the Manpower Development and Training Act of 1962 (hereinafter referred to as "the Act") is amended by striking out "1967" and inserting in lieu thereof "1968". (b) Section 105 of the Act is amended by striking out "1967" where it appears in the first sentence and inserting in lieu thereof "1968", and by amending the last sentence thereof to read as follows: "Of the funds appropriated for a fiscal year to carry out this Act, not more than $300,000 may be used for purposes of this section." SEC. 3. (a) Section 202 of the Act is amended by redesignating subsection, (c) through (h), and all cross references thereto, as (d) through (i), respectively, and by inserting after subsection (b) the following new subsection: "(c) The Secretary of Labor shall provide, where appropriate, a special program of testing, counseling, selection, and referral of persons foirty-five years of age or older for occupational training and further schooling designed to meet the special problems faced by such persons in the labor market." (b) Section 202 of the Act is further amended by striking out the last subsection and inserting in lieu thereof the following new subsections: " ( ]) Whenever appropriate, the Secretary of Labor may also refer, fqr the attainment of basic education and communications and employment skills, those eligible persons who indicate their intention to and will, thereby be able to pursue, subsequently or concurrently, courses of occupational training of a type for which there appears to be a reasonable expectation of employment, or who have completed or do not need occupational training but do require such other preparation to render them employable. Such referrals shall be considered a referral for training within the meaning of this Act. " (k) The Secretary of Labor may enter into an agreement with the Secretary of Health, Education, and Welfare for the purpose of furthering the objectives of this Act by facilitating the provision of appropriate physical examinations, medical treatment, and prostheses for persons selected or otherwise eligible to be selected for training under this Act. The agreement may provide that where any such person cannot reasonably be expected to pay the cost of the services

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1471

 80

STAT.]

PUBLIC LAW 89-792-NOV. 7, 1966

and the services are not otherwise available without cost to him from any other resource in the community, there may be expended (from sums appropriated to carry out this title and pursuant to arrangements made by the Secretary of Health, Education, and Welfare) not more than an aggregate of $100 to provide such services to that person. If the Secretary of Health, Education, and Welfare is unable to arrange for the provision of services under this section, the Secretary of Labor may expend not more than an aggregate of $100 to provide such services to any one person. " (1) I n order to assist in providing qualified workers in areas or in occupations in which there are critical skill shortages the Secretary of Labor shall, in accordance with regulations prescribed by him, provide an experimental program for part-time training of persons, including employed persons, to meet such skill shortages." SEC. 4. (a) Section 203(c) of the Act is amended— (1) by striking out in the first sentence "two years" and inserting in lieu thereof "one year", (2) by striking out in the second sentence "not less than one year and" and inserting in lieu thereof "not less than one year or", and (3) by adding at the end thereof the following: "Notwithstanding any provision to the contrary in this subsection or in subsection (h), the Secretary may refer any individual who has completed a program under part B of title I of the Economic Opportunity Act of 1964 to training under this Act, and such individual may be paid a training allowance as provided in section 203(a) of this Act without regard to the requirements imposed on such payments by the preceding sentences of subsection (c) or by subsection (h) of this section. Such payments shall not exceed the average weekly gross unemployment compensation payment (including allowances for dependents) for a week of total unemployment in the State making such payments during the most recent fourcalendar-quarter period for which such data are available. Such persons shall not be deemed youths for the purpose of applying the provision under this subsection limiting the number of youths who may receive training allowances." (b) Section 203(h) of the Act is amended by inserting before the period at the end thereof the following: "unless the Secretary determines that there is good cause to permit an individual referred to further training to receive training allowances so that he may be prepared adequately for full-time employment." (c) Section 203 of the Act is amended by adding at the end thereof the following new subsections: " (j) To assure the maximum use of training opportunities, the Secretary of Labor is authorized to make, or cause to be made, advance payments of training allowances or a part thereof to individuals selected for training who, because of immediate financial needs for the maintenance of themselves or their dependents pending receipt of training allowances, would otherwise be unable to enter or continue training. The total advance payments to a trainee under this subsection outstanding at any time shall not exceed the amount of the average weekly gross unemployment compensation payment (including allowances for dependents) for a week of total unemployment in the State making such payments during the four-calendar-quarter period for which such data are available most immediately prior to the com-

1435

anils'"'"^ ^"°'^' ^"yStat. 422. ^2 USC 2583.

^a sta^ M|^^ 2736.

J^ f'^yg^^' 42 USC 2533.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1472

 1436

Ante, p. 1435.

42 USC 301, 6 0 1, 1201, 1351, 1381.

79 Stat. 78. 42 USC 2583. 4 2 U S e 3 0 1, 601, 1201, 1351, 1381.

76 Stat. 30. 42 USC 2601.

79 Stat. 78.

79 Stat. 7 5. 42 USC 2572. 42 USC 25812610a.

PUBLIC LAW 89-792-NOV. 7, 1966

[80 STAT.

mencement of training by such trainee. Such advance payments shall be repaid either through deductions from training allowances or through other arrangements with such trainee. " (k) Under such standards as the Secretary of Labor may find appropriate to achieve the purposes of subsection 202(1), an individual referred to part-time training under such section shall be paid an amount not to exceed $10 with respect to each week in which he is engaged in such training and such payment shall be in lieu of any other payments to which he may otherwise be entitled under this section. "(1)(1) No training allowance shall be paid to any person for any period for which a money payment has been made with respect to the need of that person under a State plan which has been approved under title I, IV, X, X IV, or X VI of the Social Security Act and which meets the requirements of the first sentence of paragraph (2) of this subsection. The Secretary of Labor is authorized to pay to any such person (A) such sums as the Secretary determines to be necessary to defray expenses of that person which are attributable to training pursuant to the provisions of this Act, and (B) a training incentive payment of not more than $20 per week; Persons receiving payments under the preceding sentence shall be counted for purposes of the third sentence of section 203(c) as though they were receiving training allowances. "(2) Notwithstanding the provisions of titles I, IV, X, X IV, and X VI of the Social Security Act, a State plan approved under any such title shall provide that no payment made to any person pursuant to paragraph (1) of this subsection shall be regarded (A) as income or resources of that person in determining his need under such approved State plan, or (B) as income or resources of any other person in determining the need of that other person under such approved State plan. No funds to which a State is otherwise entitled under title I, IV, X, X IV, or X VI of the Social Security Act for any period before the first month beginning after the adjournment of the State's first regular legislative session which adjourns more than sixty days after the enactment of this subsection shall be withheld by reason of any action taken pursuant to a State statute which prevents such State from complying with the requirements of this paragraph." SEC. 5. (a) Section 231 of the Manpower Development and Training Act is amended by striking out "vocational" in the first sentence, and by striking out the last sentence of such section and inserting the following in lieu thereof: "The Secretary of Health, Education, and Welfare shall give preference to training and education provided through State vocational education agencies and other State education agencies. However, in any case in which he determines that it would permit persons to begin their training or education within a shorter period of time, or permit the needed training or education to be provided more economically, or more effectively, he may provide the needed training or education by agreement or contract made directly with public or private training or educational facilities or through such other arrangements as he deems necessary to give full effect to this Act." (b) The third sentence of section 231 is amended by adding, after the words "with respect to private institutions", the words "or programs carried out in conjunction with programs or projects under section 102(6)". SEC. 6. (a) Title II of the Act is amended by adding at the end thereof the following:

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1473

 80 STAT.]

PUBLIC LAW 89-792-NOV. 7, 1966

1437

"PART D—CORRECTIONAL INSTITUTIONS

"SEC. 251. Without regard to any other provision of this title or section 301 of this Act, the Secretary of Labor shall, during the period ending June 30, 1969, develop and carry out experimental and demonstration programs of training and education for persons in correctional institutions who are in need thereof to obtain employment upon release. Arrangements for such education and training shall be made by the Secretary of Health, Education, and Welfare after consultation with the appropriate area manpower development and training advisory committee. Programs under this part shall be conducted through agreements with officials of Federal, State, and local correctional institutions. To the fullest extent practicable, the Secretary of Labor shall utilize the available services of other Federal departments and agencies. Programs under this part may include vocational education; special job development and placement activities; prevocational, basic, and secondary education, and counseling, where appropriate; supportive and followup services and such other assistance as is deemed necessary." (b) Section 304 of the Act is amended by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following new subsection: " (d) For the purpose of carrj^ing out part D of title II, there are hereby authorized to be appropriated for the fiscal year ending June 30, 1968, and for the fiscal year ending June 30, 1969, such amounts as may be necessary." SEC. 7. Section 301 of the Act is amended by inserting "parts A and B of" before "title II " in the first sentence, by striking out the words "make such apportionment" in the first sentence and inserting in lieu thereof "apportion 80 per centum of the funds available for such purposes", and by inserting after the first sentence the following new sentence: "The remaining 20 per centum may be expended by the Secretary of Labor and the Secretary of Health, Education, and Welfare as they find necessary or appropriate to carry out the purposes of title II." SEC. 8. (a) Section 309 of the Act is repealed. (b) Part B of title II of the Act is amended by adding at the end thereof the following new section: °

J^ J'^^- ^^^^ ^"^™-

76 Stat. 30. 42 USC 2611.

?6 s^ta!.' 32 42 USC 2619. '•^ use 2601, 2602.

li

ANNUAL REPORT

"SEC. 233. Prior to April first of each year, the Secretary of Health, Education, and Welfare shall make an annual report to Congress. Such report shall contain an evaluation of the programs under section 231, the need for continuing such programs, and recommendations for improvement. The reports shall also contain progress reports on the vocational training study which will be conducted under the supervision of the Secretary during 1966 and 1967." Approved November 7, 1966. 65-300 0-67—93

76 Stat. 30. 42 USC 2611.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1474

 1438

PUBLIC LAW 89-793-NOV. 8, 1966

[80 STAT.

Public Law 89-793 November 8, 1966 [ H. R. 9167]

Narcotic Addict Rehabilitation Act of 1966.

AN ACT To amend title 18 of the United States Code to enable the courts to deal more effectively with the problem of narcotic addiction, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That titles I, II, III, and IV of this Act may be cited as the "Narcotic Addict Rehabilitation Act of 1966". DECLARATION OF POLICY

SEC. 2. I t is the policy of the Congress that certain persons charged with or convicted of violating Federal criminal laws, who are determined to be addicted to narcotic drugs, and likely to be rehabilitated through treatment, should, in lieu of prosecution or sentencing, be civilly committed for confinement and treatment designed to effect their restoration to health, and return to society as useful members. I t is the further policy of the Congress that certain persons addicted to narcotic drugs who are not charged with the commission of any offense should be afforded the opportunity, through civil commitment, for treatment, in order that they may be rehabilitated and returned to society as useful members and in order that society may be protected more effectively from crime and delinquency which result from narcotic addiction. TITLE I—CIVIL COMMITMENT IN L I E U O F PROSECUTION 62 Stat. 869.

SEC. 101. Title 28 of the United States Code is amended by adding after chapter 173 thereof the following new chapter: "Chapter 175. Civil Commitment and Rehabilitation of Narcotic Addicts "Sec. "2901. Definitions. Discretionary authority of court; examination, report, and determination "2902. by court; termination of civil commitment. "2903. Authority and responsibilities of the Surgeon General; institutional custody; aftercare; maximum period of civil commitment; credit toward sentence. "2904. Civil commitment not a conviction; use of test results. "2905. Delegation of functions by Surgeon General; use of Federal, State, and private facilities. "2906. Absence of offer by the court to a defendant of an election, tinder section 2902(a) or any determination as to civil commitment, not reviewable on appeal or otherwise.

68A Stat. 557; 74 Stat. 57. 26 USC 4731.

"§2901. Definitions "As used in this chapter— " (a) 'Addict' means any individual who habitually uses any narcotic drug as defined by section 4731 of the Internal Revenue Code of 1954, as amended, so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of such narcotic drugs as to have lost the power of self-control with reference to his addiction. "(b) 'Surgeon General' means the Surgeon General of the Public Health Service. "(c) 'Crime of violence' includes voluntary manslaughter, murder, rape, mayhem, kidnaping, robbery, burglary or housebreaking in the nighttime, extortion accompanied hj threats of violence, assault with a dangerous weapon or assault with intent to commit any offense punishable by imprisonment for more than one year, arson punishable

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1475

 80

STAT.]

PUBLIC LAW 89.793-NOV. 8, 1966

as a felony, or an attempt or conspiracy to commit any of the foregoing offenses. " (d) 'Treatment' includes confinement and treatment in an institution and under supervised aftercare in the community and includes, but is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by correcting his antisocial tendencies and ending his dependence on addicting drugs and his susceptibility to addiction. "(e) 'Felony' includes any offense in violation of a law of the United States classified as a felony under section 1 of title 18 of the United States Code, and further includes any offense in violation of a law of any State, any possession or territory of the United States, the District of Columbia, the Canal Zone, or the Commonwealth of Puerto Rico, which at the time of the offense was classified as a felony by the law of the place where that offense was committed. " (f) 'Conviction' and 'convicted' mean the final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere, but do not include a final judgment which has been expunged by pardon, reversed, set aside or otherwise rendered nugatory. " (g) 'Eligible individual' means any individual who is charged with an offense against the United States, but does not include— "(1) an individual charged with a crime of violence, " (2) an individual charged with unlawfully importing, selling, or conspiring to import or sell, a narcotic drug. "(3) an individual against whom there is pending a prior charge of a felony which has not been finally determined or who is on probation or whose sentence following conviction on such a charge, including any time on parole or mandatory release, has not been fully served: Provided, That an individual on probation, parole, or mandatory release shall be included if the authority authorized to require his return to custody consents to his commitment. "(4) an individual who has been convicted of a felony on two or more occasions. "(5) an individual who has been civilly committed under this Act, under the District of Columbia Code, or any State proceeding because of narcotic addiction on three or more occasions. "§2902. Discretionary authority of court; examination, report, and determination by court; termination of civil commitment " (a) If the United States district court believes that an eligible individual is an addict, the court may advise him at his first appearance or thereafter at the sole discretion of the court that the prosecution of the criminal charge will be held in abeyance if he elects to submit to an immediate examination to determine whether he is an addict and is likely to be rehabilitated through treatment. In offering an individual an election, the court shall advise him that if he elects to be examined, he will be confined during the examination for a period not to exceed sixty days; that if he is determined to be an addict who is likely to be rehabilitated, he will be civilly committed to the Surgeon General for treatment; that he may not voluntarily withdraw from the examination or any treatment which may follow; that the treatment may last for thirty-six months; that during treatment, he will be confined in an institution and, at the discretion of the Surgeon General, he may be conditionally released for supervised aftercare treatment in the community; and that if he successfully completes treatment the charge will be dismissed, but if he does not, prosecution on the charge will be resumed. An individual upon being advised

1439

62 Stat. 684.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1476

 1440

62 Stat. 734; 77 Stat. 834.

PUBLIC LAW 89-793-NOV. 8, 1966

[80 STAT.

that he may elect to submit to an examination shall be permitted a maximum of five days within which to make his election. Except on a showing that a timely election could not have been made, an individual shall be barred from an election after the prescribed period. An individual who elects civil commitment shall be placed in the custody of the Attorney General or the Surgeon General, as the court directs, for an examination by the Surgeon General during a period not to exceed thirty dajs. This period may, upon notice to the court and the appropriate United States attorney, be extended by the Surgeon General for an additional thirty days. "(b) The Surgeon General shall report to the court the results of the examination and recommend whether the individual should be civilly committed. A copy of the report shall be made available to the individual and the United States attorney. If the court, acting on the report and other information coming to its attention, determines that the individual is not an addict or is an addict not likely to be rehabilitated through treatment, the individual shall be held to answer the abeyant charge. If the court determines that the individual is an addict and is likely to be rehabilitated through treatment, the court shall commit him to the custody of the Surgeon General for treatment, except that no individual shall be committed under this chapter if the Surgeon General certifies that adequate facilities or personnel for treatment are unavailable. "(c) Whenever an individual is committed to the custody of the Surgeon General for treatment under this chapter the criminal charge against him shall be continued without final disposition and shall be dismissed if the Surgeon General certifies to the court that the individual has successfully completed the treatment program. On receipt of such certification, the court shall discharge the individual from custody and dismiss the charge against him. If prior to such certification the Surgeon General determines that the individual cannot be further treated as a medical problem, he shall advise the court. The court shall thereupon terminate the commitment, and the pending criminal proceeding shall be resumed. " (d) An individual committed for examination or treatment shall not be released on bail or on his own recognizance. "(e) Whoever escapes or attempts to escape while committed to institutional custody for examination or treatment, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to the penalties provided in sectlous 751 and 752 of title 18, United States Code. '

"§2903. Authority and responsibilities of the Surgeon General; institutional custody; aftercare; maximum period of civil commitment; credit toward sentence " (a) An individual who is committed to the custody of the Surgeon General for treatment under this chapter shall not be conditionally released from institutional custody until the Surgeon General determines that he has made sufficient progress to warrant release to a supervisory aftercare authority. If the Surgeon General is unable to make such a determination at the expiration of twenty-four months after the commencement of institutional custody, he shall advise the court and the appropriate United States attorney whether treatment should be continued. The court may affirm the commitment or terminate it and resume the pending criminal proceeding. " (b) A n individual who is conditionally released from institutional custody shall, while on release, remain in the legal custody of the Surgeon General and shall report for such supervised aftercare treatment as the Surgeon General directs. He shall be subject to home visits

�