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803

(b) Section 506, which relates to conditions of eligibility, is amend- 76^|tat^*25*/^'' ed by adding at the end thereof the following new subsection: 22 USC 2314. "(e) From and after the sixtieth day after the date of enactment of the Foreign Assistance Act of 1966, no assistance shall be provided under this chapter to any country to which sales are made under title I of the Agricultural Trade Development and Assistance Act of 1954 f^jfc^iTcf *-' until such country has entered into an agreement to permit the use of 1709. foreign currencies accruing to the United States under such title I to procure equipment, materials, facilities, and services for the common defense including internal security, in accordance with the provisions of section 104(c) of such title I." (c) Section 508, which relates to reimbursements, is amended by 22 USC 23le. adding at the end thereof the following new sentence: "Such amounts of the appropriations made available under this part (including unliquidated balances of funds heretofore obligated for financing sales and guarantees) as may be determined by the President shall be transferred to, and merged with, the separate fund account." (d) Section 510(a), which relates to special authority, is amended ^9 sta^ ess^ by striking out "1966" each place it appears and inserting in lieu thereof in each such place "1967". (e) Section 512, which relates to restrictions on military aid to ^^ ^^^ ^^'-°' Africa, is amended by striking out "fiscal year 1966" and inserting in lieu thereof "each fiscal year". (f) A t the end of such chapter 2, add the following new section: " SEC. 514. ADMINISTRATION OF SALES AND EXCHANGE PROGRAMS I N VOLVING DEFENSE ARTICLES AND SERVICES,—(a) Programs for the sale

or exchange of defense articles or defense services under this chapter shall be administered so as to encourage regional arms control and disarmament agreements and so as to discourage arms races. "(b) I n order to further encourage regional arms control and disarmament agreements and discourage arms races in the American Republics, notwithstanding the provisions of section 511(a) of this Act, the total value of military assistance and sales (other than training) under this Act or in accordance with section 7307 of title 10, United States Code, for American Republics in any fiscal year shall not exceed $85,000,000, of which $25,000,000 may be used for assistance on a cost-sharing basis to an inter-American military force under the control of the Organization of American States: Provided, That the cost of defense articles supplied for use by elements of the InterAmerican Peace Force in the Dominican Republic shall not be charged against the $85,000,000 limitation provided by this subsection."

22 USC 2319. in^jf^^*4,'^'l^*

10 USC 7307.

PART III

CHAPTER 1—GENERAL PROVISIONS SEC. 301. Chapter 1 of part III of the For e i ^ Assistance Act of 1961, as amended, which relates to general provisions, is amended as follows: (a) Section 601, which relates to encouragement of free enterprise yoyta^'Voil"'' and private participation, is amended as follows: 22 USC 2351. (1) I n subsection (b), immediately after paragraph (1), insert the following new paragraph: "(2) establish an effective system for obtaining adequate information with respect to the activities of, and opportunities for, nongovernmental participation in the development process, and for utilizing such information in the planning, direction, and execution of programs carried out under this Act, and in the coordination of such programs with the ever-increasing developmental activities of nongovernmental United States institutions;".

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 804 75 Stat. 438; 77 Stat. 385. 22 USC 2351.

International Private Invests ment Advisory Council on Foreign Aid.

60 Stat. 808; 75 Stat. 339, 340.

7 5 Stat. 439. 22 USC 2354.

68 Stat. 454. 7 USC 1691 note.

22 USC 2358.

Ante, p. 74.

PUBLIC LAW 89-583-SEPT. 19, 1966

[80

STAT.

(2) I n subsection (b), redesignate paragraphs (2), (8), (4), (5), and (6) as paragraphs (3), (4), (5), (6), and (7), respectively. (3) I n subsection (b), strike out "and" at the end of paragraph (6), as so redesignated by paragraph (2) of this subsection; strike out the period at the end of paragraph (7), as so redesignated by paragraph (2) of this subsection, and insert in lieu thereof a semicolon; and at the end thereof add the following new paragraph: "(8) utilize wherever practicable the services of United States private enterprise on a cost-plus incentive fee contract basis to provide the necessary skills to develop and operate a specific project or program of assistance in a less developed friendly country or area in any case in which direct private investment is not readily encouraged, and provide where appropriate for the transfer of equity ownership in such project or program to private investors at the earliest feasible time. (4) Subsection (c) is amended to read as follows: " (c)(1) There is hereby established an International Private Investment Advisory Council on Foreign Aid to be composed of such number of leading American business specialislts as may be selected, from time to time, by the Administrator of the Agency for International Development for the purpose of carrying out the provisions of this subsection. The members of the Council shall serve at the pleasure of the Administrator, who shall designate one member to serve as Chairman. "(2) I t shall be the duty of the Council, at the request of the Administrator, to make recommendations to the Administrator with respect to particular aspects of programs and activities under this Act where private enterprise can play a contributing role and to act as liaison for the Administrator to involve specific private enterprises in such programs and activities, "(3) The members of the Advisory Council shall receive no compensation for their services but shall be entitled to reimbursement in accordance with section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for travel and other expenses incurred by them in the performance of their functions under this subsection. "(4) The expenses of the Advisory Council shall be paid by the Administrator from funds otherwise available under this Act." (b) Section 604, which relates to procurement, is amended as follows: (1) Subsection (c), which relates to procurement of agricultural commodities, is amended by striking out the word "surplus" each time it appears and by inserting "or product thereof available for disposition under the Agricultural Trade Development and Assistance Act of 1954, as amended," after the word "commodity" the first time it appears. (2) Add the following new subsection: "(e) No funds made available under this Act shall be used for the procurement of any agricultural commodity or product thereof outside the United States when the domestic price of such commodity is less than parity." (c) Section 608(a), which relates to advance acquisition of property, is amended by inserting "(including personnel costs)" immediately after "costs" the first place it appears in the first sentence. (d) Section 610(b), which relates to transfer between accounts, is amended by striking out the last sentence and inserting in lieu thereof the following: "Not to exceed $5,000,000 of the funds appropriated under section 402 of this Act for any fiscal year may be transferred to and consolidated with appropriations made under section 637(a) of this Act for the same fiscal year, subject to the further limitation

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that funds so transferred shall be available solely for additional administrative expenses incurred in connection with programs in Vietnam." (e) Section 612, which relates to the use of foreign currencies, is amended by adding a new subsection as follows: "(c) I n addition to funds otherwise available, excess foreign currencies, as defined in subsection (b), may be made available to friendly foreign governments and to private, nonprofit United States organizations to carry out voluntary family planning programs in countries which request such assistance. No such program shall be assisted unless the President has received assurances that in the administration of such program the recipient will take reasonable precautions to insure that no person receives any family planning assistance or supplies unless he desires such services. The excess foreign currencies made available under this subsection shall not, in any one year, exceed 5 per centum of the aggregate of all excess foreign currencies. As used in this subsection, the term 'voluntary family planning program' includes, but is not limited to, demographic studies, medical and psychological research, personnel training, the construction and staffing of clinics and rural health centers, specialized training of doctors and paramedical personnel, the manufacture of medical supplies, and the dissemination of family planning information, medical assistance, and supplies to individuals who desire such assistance." (f) Section 614(a) which relates to special authorities, is amended by adding at the end thereof the following new sentence: "The limitation contained in the preceding sentence shall not apply to any country which is a victim of active Communist or Communist-supported aggression." (g) Section 614(c), which relates to special authorities, is amended by adding at the end thereof the following: "The President shall promptly and fully inform the Speaker of the House of Representatives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection." (h) Section 620, which relates to prohibitions against furnishing assistance, is amended as follows: (1) The first sentence of subsection (i) is amended to read as follows: "No assistance shall be provided under this or any other Act, and no sales shall be made under the Agricultural Trade Development and Assistance Act of 1954, to any country which the President determines is engaging in or preparing for aggressive military efforts, or which hereafter is officially represented at any international conference when that representation includes the planning of activities involving insurrection or subversion, which military efforts, insurrection, or subversion, are directed against— "(1) the United States, "(2) any country receiving assistance under this or any other Act, or "(3) any country to which sales are made under the Agricultural Trade Development and Assistance Act of 1954, until the President determines that such military efforts or preparations have ceased, or such representation has ceased, and he reports to the Congress that he has received assurances satisfactory to him

805

22 u*sc 2362. Excess foreign currencies.

22 u*sc 2 ( * 35 4

co^g^es*s.*°

77 Stat. 387. 22 USC 2370.

7^;fsc*'i69i' note.

co^^^resV°

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 806

77 Stat. 3 88. 22 USC 2370.

22 USC 2318.

22 USC 2181.

79 Stat. 659. Countries assisting North Vietnam.

6 5 Stat. 645. 22 USC 1611laild.

Assistance to United Arab Republic. Report to Congress.

Countries in default of payments.

PUBLIC LAW 89-583-SEPT. 19, 1966

[80

STAT.

that such military efforts or preparations will not be renewed, or that such representation will not be renewed or repeated." (2) Subsection (k) is amended to read as follows: " (k) Without the express approval of Congress, no assistance shall be furnished under this Act to any country for construction of any. productive enterprise with respect to which the aggregate value of assistance to be furnished by the United States will exceed $100,000,000. Except as otherwise provided in section 510, no military assistance shall be furnished to any country under this Act for carrying out any program, with respect to which the aggregate value of assistance to be furnished beginning July 1, 1966, by the United States will exceed $100,000,000 unless such program has been included in the presentation to the Congress during its consideration of authorizations for appropriations under this Act or of appropriations pursuant to authorizations contained in this Act. No provision of this or any other Act shall be construed to authorize the President to waive the provisions of this subsection." (3) Subsection (1) is amended to read as follows: " (1) The President shall consider denying assistance under this Act to the government of any less developed country which, after December 31, 1966, has failed to enter into an agreement with the President to institute the investment guaranty program under section 221(b)(1) of this Act, providing protection against the specific risks of inconvertibility under subparagraph (A), and expropriation or confiscation under subparagraph (B), of such section 221(b)(1)." (4) Subsection (n) is amended to read as follows: " (n) I n view of the aggression of North Vietnam, no assistance shall be furnished under this Act to any country which has failed to take appropriate steps, not later than sixty days after the date of enactment of the Foreign Assistance Act of 1966— " (A) to prevent ships or aircraft under its registry from transporting to North Vietnam— '(i) any items of economic assistance, " (ii) any items which are, for the purposes of title I of the Mutual Defense Assistance Control Act of 1951, as amended, arms, ammunition and implements of war, atomic energy materials, petroleum, transportation materials of strategic value, or items of primary strategic significance used in the production of arms, ammunition, and implements of war, or " (iii) any other equipment, materials, or commodities; and " (B) to prevent ships or aircraft under its registry from transporting any equipment, materials, or commodities from North Vietnam." (5) At the end of such section 620, add the following new subsections: " (p) No assistance shall be furnished under this Act to the United Arab Republic unless the President finds and reports within thirty days of such finding to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives that such assistance is essential to the national interest of the United States, and further that such assistance will neither directly nor indirectly assist aggressive actions by the United Arab Republic. " (q) No assistance shall be furnished under this Act to any country which is in default, during a period in excess of six calendar months,

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in payment to the United States of principal or interest on any loan made to such country under this Act, unless such country meets its obligations under the loan or unless the President determines that assistance to such country is in the national interest and notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate of such determination. " (r) No recipient of a loan made under the authority of this Act, any part of which is outstanding on or after the date of enactment of this subsection, shall be relieved of liability for the repayment of any part of the principal of or interest on such loan."

807

Notification of °"8'"«ss.

CHAPTER 2—ADMINISTRATIVE PROVISIONS SEC. 302. Chapter 2 of part III of the Foreign Assistance Act of 1961, as amended, which relates to administrative provisions, is amended as follows: (a) Section 622, which relates to coordination with foreign policy, ^s Stat. 446; is amended as follows: 22*u*sc2382. (1) Subsection (b) is amended by striking out "(including any civic action and sales program)'' and substituting "(including civic action) or sales programs". (2) Subsection (c) is amended by striking all after "general direction of" and substituting "economic assistance and military assistance and sales programs, including but not limited to determining whether there shall be a military assistance (including civic action) or sales program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby." (b) Section 624(d), which relates to the Inspector General, Foreign 76 Stat. 262. Assistance, is amended by adding at the end thereof the following new ^^ "^^ ^^^'^' paragraph: " (8) Whenever the Inspector General, Foreign Assistance, deems it appropriate in carrying out his duties under this Act, he may from time to time notify the head of any agency primarily responsible for administering any program with respect to which the Inspector General, Foreign Assistance, has responsibilities under paragraph (2) of this subsection that all internal audit, end-use inspection, and management inspection reports submitted to the head of such agency or mission in the field in connection with such program from any geographic areas designated by the Inspector General, Foreign Assistance, shall be submitted simultaneously to the Inspector General, Foreign Assistance. The head of each such agency shall cooperate with the Inspector General, Foreign Assistance, in carrying out the provisions of this paragraph," (c) Section 634, which relates to reports and information, is 22 USC 2394. amended by adding at the end thereof the following new subsection: " (f) The Secretary of the Treasury shall transmit to the Speaker of Report to the House of Representatives and to the Committee on Foreign Rela- ^°"8ress. tions of the Senate semiannual reports showing as of June 30 and December 31 of each year the repayment status of each loan theretofore made under authority of this Act any part of the principal or interest of which remains unpaid on the date of the report." (d) Section 635(h), which relates to general authorities, is amended 22 USC 2395. by inserting "(except development loans)" immediately after " II, V, and VI".

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 808 79 Stat. 661. 22 USC 2397.

PUBLIC LAW 89-584-SEPT. 19, 1966

[80

STAT.

(e) Section 637(a), which relates to administrative expenses, is amended by striking out "1966 not to exceed $54,240,000" and inserting in lieu thereof "1967 not to exceed $55,813,500". Approved September 19, 1966. Public Law 89-584

September 19, 1966 [S. 2747]

Lower Rio Grande. Agreement with Mexico.

Appropriation.

AN ACT To authorize conclusion of an agreement with Mexico for joint measures for solution of the Lower Rio Grande salinity problem.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized, notwithstanding any other provision of law and subject to the conditions provided in this Act, to conclude an agreement or agreements with the appropriate official dr officials of the Government of the United Mexican States for the construction, operation, and maintenance by the United Mexic?in States under the supervision of the International Boundary and Water Commission, United States and Mexico, of a drainage conveyance canal through Mexican territory for the discharge of waters of El Morillo and other drains in the United Mexican States into the Gulf of Mexico in the manner, and having substantially the characteristics, described in said Commission's minute numbered 223, dated November 30, 1965. The agreement or agreements shall provide that the costs of construction, including costs of design and right-of-way and the costs of operation and maintenance, shall be equally divided between the United Mexican States and the United States. Before concluding the agreement or agreements, the Secretary of State shall receive satisfactory assurances from private citizens or a responsible local group that they or it will pay to the United States Treasury one-half of the actual United States costs of such construction, including costs of design and right-of-way, and one-half of the actual costs of operation and maintenance allocated under such agreement or agreements to the United States. Payments to the United States Treasury under this section shall be covered into the Treasury as miscellaneous receipts. SEC. 2. To defray costs that accrue to the United States under the agreement or agreements referred to in the first section of this Act for the construction, operation, and maintenance of drainage conveyance canal projects, there are authorized to be appropriated to the Department oi State for use of the United States Section, International Boundary and Water Commission, United States and Mgxico, the following amounts: (1) Not to exceed $690,000 for costs of construction. (2) Upon completion of construction, not to exceed $20,000 annually for costs of operation and maintenance. Approved September 19, 1966.

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PUBLIC LAW 89.586-SEPT. 19, 1966

809

Public Law 89-585 AN ACT

September 19, 1966

To amend section 4 of the District of Columbia Income and Franchise Tax Act of 1947.

[H. R. 8058]

Be it enacted by the Senate and House of Representatives of the D.C. United States of America in Congress assembled, That paragraph (2) and F r aIncome nchise of section 4(h) of title I of the District of Columbia Income and Tax Act of 1947, "" ^ - - • _. _ _ ... mendment. Franchise Tax Act of 1947, as amended (D.C. Code, sec. 47-1551c(h)), ^'"endment. 62 Stat. 207. is amended to read as follows: "(2) Sales of tangible personal property by a corporation or unincorporated business which— " (A) has or maintains an office, warehouse, or other place of business in the District, or " (B) has an officer, agent, or representative having an office or other place of business in the District, during the taxable year for the sole purpose of dealing with the United States for commercial or noncommercial purposes or of dealing with the District or persons for noncommercial purposes; but each such corporation and unincorporated business which does business in the District with the United States shall be subject to the licensing provisions in title X IV of this article." olc^c^od^e 4V SEC. 2. The amendment made by the first section of this Act shall 1591 to47-i59if. apply with respect to taxable years ending on or after the date of the enactment of this Act. Approved September 19, 1966.

Public Law 89-586 AN ACT

September 19, 1966

To amend the Consolidated Farmers Home Administration Act of 1961 to authorize loans by the Secretary of Agriculture on leasehold interests in Hawaii, and for other puriwses.

1 ^ ^^-^^ ^-

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That only for the Hawaii. e s t a t e Farm real period of time commencing with the date of enactment of this Act loans on leased and ending on June 30, 1968, section 343 of the Consolidated Farmers ^^"gStat. 632 Home Administration Act of 1961, as amended (7 U.S.C. 1991), is amended by striking the word "and" before the figure " (2) " in said section and by striking the period at the end thereof and inserting a comma and the following: "and (3) the term 'owner-operator' shall in the State of Hawaii include the lessee-operator of real property in any case in which the Secretary determines that the land cannot be acquired in fee simple by the applicant, adequate security is provided for the loan, and there is a reasonable probability of accomplishing the objectives and repayment of the loan: Provided, That item (3) shall be applicable to lessee-operators of Hawaiian Homes Commission lands only when and to the extent that it is possible for such lessee-operators to meet the conditions therein set out." Approved September 19, 1966.

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PUBLIC LAW 89-587-SEPT. 19, 1966

Public Law 89-587

[80 STAT.

J?'

September 19, 1966

AN ACT

[H. R. 1066]

rp^ amend section 11-1701 of the District of Columbia Code to increase the retirement salaries of certain retired judges.

D.c. Keurea juagcB, Retired judges salary adjust- '

T s Stat. 1055.

Retf°^^'=tive pro vision.

\^if^n\^^^'

5 USC 2268.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a), section 11-1701 (a)(3) of the District of Columbia Code is amended to read as follows: "(3) Any judge receiving retirement salary under the provisions of this subsection or under the provisions of this section as it existed immediately prior to its amendment by the District of Columbia Judges Retirement Act of 1964 may perform such judicial duties as may be requested by the chief judge of the District of Columbia Court of General Sessions, or the chief judge of the District of Columbia Court of Appeals, or the chief judge of the Juvenile Court of the District of Columbia, in any of such courts, but in no event shall any such retired judge be permitted to render such service for a total of more than sixty court days in any calendar year after his retirement. Any such judge so receiving such retirement salary shall be entitled, for any period for which he performs full-time judicial duties under this paragraph, to receive the salary of the office in which he performs such duties, but there shall be deducted from such salary an amount equal to his retirement salary for such period. No deduction shall be "withheld for health benefits. Federal employee's life insurance, or retirement purposes from any salary paid to any such judge while performing full-time judicial duties under this paragraph. The performance of such duties shall not operate to create an additional retirement, change a retirement, or create an annuity for or in any manner affect the annuity of any survivor." (I3) XT^J judge referred to in paragraph (3) of subsection (a) of section 11-1701 of the District of Columbia Code who, while receiving retirement salary under the provisions of such subsection or under (he provisions of such section as it existed immediately prior to its amendment by the District of Columbia Judges Retirement Act of 1964, performed judicial duty pursuant to such paragraph or such section during calendar year 1964, 1965, or 1966, shall be entitled to receive salary in accordance with the provisions of such paragraph for such duty so performed for not more than sixty court days during any such calendar year. SEC. 2. (a) Section 11-1701 of the District of Columbia Code is further amended by adding at the end thereof the following new subsection: "(e)(1) The retirement salary of any judge receiving such salary on the date of enactment of this subsection under the provisions of this section as it existed immediately prior to its amendment by the District of Columbia Judges Retirement Act of 1964 is hereby increased, in the case of any such judge who retired during calendar year 1956, by 11.1 per centum, and, in the case of any such judge who retired during calendar year 1960, by 6.1 per centum. "(2) The retirement salary of any judge, or the annuity of any person based upon the service of any such judge, who, on the effective date of any increase which hereafter becomes payable under the provisions of section 18(b) of the Civil Service Retirement Act, as amended, is receiving such salary or annuity (i) under the provisions of this section, or (ii) under the provisions of this section as it existed prior to its amendment by the District of Columbia Judges Retirement Act of 1964, shall be increased on such effective date by a per-

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PUBLIC LAW 89-590-SEPT. 19, 1966

centage equal to the percentage of such increase under section 18 of the Civil Service Retirement Act, as amended." (b) The increases in compensation authorized by the amendment made by this section shall be retroactive to December 1, 1965. Approved September 19, 1966.

79 Stat. 8 40. 5 USC 2268.

Public Law 89-588 AN ACT

September 19, 1966

To repeal certain provisions of the Act of January 21, 1929 (45 Stat 1091), as amended.

1^^- ^^66]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress ossemMed^ That sections 3, 4, 5, 6, and 7 of the Act of January 21, 1929 (45 Stat. 1091), as amended, are hereby repealed. Approved September 19, 1966.

Alaska. Agriculture College and School of Mines.

Public Law 89-589 ,AN ACT To amend section 502 of the Merchant Marine Act, 1936, relating to construction differential subsidies.

September 19, 1966

[s. 2858]

Be it enacted by the Senate and House of Representatives of the Vessels. United States of America in Congress assembled, That the proviso in Construction the second sentence of subsection (b) of section 502 of the Merchant subsidy, extenMarine'Act, 1936, as amended (46 tj.S.C. 1152(b)), is amended by ^ion. striking out "June 30, 1966"', and inserting in lieu thereof "June 30, 7/stat°*5i9^°°' 1968''. Approved September 19, 1966. Public Law 89-590 AN ACT

September 19, 1966

To amend section 2241 of title 28, United States Code, with respect to the jurisdiction and venue of applications for writs of habeas corpus by persons in custody under judgments and sentences of State courts.

l^^' ^^^^'^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2241 ^^- Courts, of title 28, United States Code, is amended by inserting therein at the jurisdrc^uon°I^T' end thereof an additional subsection reading as follows: venue. " (d) Where an application for a writ of habeas corpus is made ^^ ^*°'* ^^^' by a person in custody under the judgment and sentence of a State court of a State which contains two or more Federal judicial districts, the application may be filed in the district court for the district wherein such person is in custody or in the district court for the district within which the State court was held which convicted and sentenced him and each of such district courts shall have concurrent jurisdiction to entertain the application. The district court for the district wherein such an application is filed in the exercise of its discretion and in furtherance of justice may transfer the application to the other district court for hearing and determination." Approved September 19, 1966.

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PUBLIC LAW 89-591-SEPT. 19, 1966

Public Law 89-591

' '

[80 STAT.

'

September 19, 1966

AN ACT

[H. R. 11087]

T^ amend the District of Columbia Income and Franchise Tax Act of 1947, as amended, and the District of Columbia Business Corporation Act, as amended, with respect to certain foreign corporations.

Be it enacted by the Senate and House of Representatives of the D.c. United States of America in Congress assembled, That section 2(b) Foreign corporationV,''reai'^r^p- of title III of the District of Columbia Income and Franchise Tax erty investments. Act of 1947, as amended (61 Stat. 335, art. I, title III, sec. 2, as amended by 62 Stat. 207, ch. 246, sec. 3; 63 Stat. 130, ch. 146, title IV, secs. 403, 420; 71 Stat. 605, Public Law 85-281, secs. 1, 3; and 74 Stat. 219, Public Law 86-522, sec. 1; D.C. Code 47-1557a(b)), is amended by adding at the end thereof the following new paragraph: " (17) FOREIGN CORPORATION REAL PROPERTY INVESTMENT INCOME.—

Income derived by a foreign corporation authorized to invest in loans secured by real estate, which does not maintain any office, officer, agent, representative or employees for the purpose of making, maintaining, or liquidating such investment, in the District of Columbia, provided that the only activities of such foreign corporation in the District of Columbia, other than those of a liaison employee, are one or more of the following: " (A) the acquisition of loans (including the negotiation thereof) secured by mortgages or deeds of trust on real property, including leaseholds, situated in the District of Columbia pursuant to commitment agreements or arrangements made prior to or following the origination or creation of such loans: Provided, however, That nothing herein shall be deemed to permit servicing other than as permitted by subparagraph (D) of this paragraph ( 1 7); " (B) the physical inspection and appraisal of property in the District of Columbia as security for mortgages or deed of trust; " (C) the ownership, modification, renewal, extension, transfer, or foreclosure of such loans, or the acceptance of substitute additional obligors thereon; " (D) the making, collecting, and servicing of loans solely through a person authorized to engage in the District of Columbia in the business of servicing real estate loans for investors; " (E) maintaining or defending any action or suit or any administrative or arbitration proceeding arising as a result of such loans; " (F) the acquisition of title to property which is the security for such a loan m the event of default on such loan, either by foreclosure, sale, or agreement in lieu thereof; " (G) pendiiigliquidation of its investment within such period, not to exceed one year, as the Commissioners may by regulation prescribe, operating, maintaining, renting or otherwise dealing with, selling or disposing of, real property acquired by foreclosure, sale, or by agreement in lieu thereof: Provided, That if, upon the expiration of the period prescribed by the Commissioners, such property has not been sold or otherwise disposed of, such foreign corporation shall be subject to tax on all of the income derived by the corporation arising out of its ownership of such property, but such liability shall not be construed as affecting the exclusion from gross income of income from other loans made or acquired by it m accordance with this paragraph (17). "Income derived from the ownership of real property and not excludible from gross income as provided in this paragraph (17) shall

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PUBLIC LAW 89-591-SEPT. 19, 1966

813

be reported to the Commissioners by the person servicing the corporation's loans in the District of Columbia or by a participating bank in the District of Columbia at such times and in such manner, together with such information, as the Commissioners may by regulation require, and if there be no such person servicing loans or participating bank, then the corporation shall itself make such report of income including any other income derived from District of Columbia sources which is includible in gross income under this article. Any person or Penalty. corporation who shall fail to report such income to the Commissioners, as herein provided, shall be guilty of a misdemeanor and shall be fined not more than $500. "As used herein, the term 'liaison employee' shall mean a person 1"^^^^,^°" ^"'" who does not engage in or make, maintain, or liquidate any investment of the foreign corporation and who is engaged by the foreign corporation solely for the purpose of establishing and maintaining contacts with governments and international bodies and agencies thereof; arranging conferences for, receiving and furnishing legislative publications and other information or material of interest to, transmitting information for, and arranging transportation or other accommodations for, officers or other personnel of such foreign corporation within, or to and from, the District of Columbia," SEC. 2. Section 99 of the District of Columbia Business Corporation Act (68 Stat. 219, ch. 269, sec. 99; D.C. Code 29-933) is amended by adding at the end thereof the following new subsections: "(c) No foreign corporation having income from loans excluded from gross income under section 2(b) (17) of title III of the District of Columbia Income and Franchise Tax Act of 1947, as amended, ^'®' P- ^^2. shall be subject to the provisions of this Act. " (d) Nothing in subsection (c) of this section shall be construed as affecting the amenability of a foreign corporation to the service of any process, notice, or demand to which such corporation would be amenable without reference to the provisions of such subsection (c). " (e)(1) Any foreign corporation having income from loans excluded from gross income under section 2(b) (17) of title III of the District of Columbia Income and Franchise Tax Act of 1947, as amended, shall be deemed to have waived any immunity to service of process and suit in the courts of the District of Columbia. Any such foreign corporation shall appoint and maintain in the District of Columbia an agent for service of process, and shall register with the Commissioners of the District of Columbia the address of its principal office and the name and address of its agent for service of process in the District of Columbia, including any changes in such addresses. "(2) Whenever any such foreign corporation does not have an agent for service of process or such agent cannot be found with reasonable diligence at his registered address, then the Commissioners of the District of Columbia shall be the agent for service of process for such corporation. Service of process on the Commissioners shall be made by delivery to, and leaving with them, or with any person having charge of their office, duplicate copies of the process, together with a fee, the amount of which shall be fixed from time to time by the Commissioners but not in excess of $5. In the event of such service the Commissioners shall immediately cause one of such copies to be forwarded by certified or registered mail, addressed to such foreign corporation at its principal office as it appears on the records of the Commissioners. Any such service shall be returnable in not less than thirty days, unless the rules of the court issuing such process prescribe another period, in which case such prescribed period shall govern. "(3) Nothing contained in this subsection shall limit or affect the right to serve any process, notice of demand required or permitted 65-300 0-67—54

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 814

Penalty.

Foreign poration."

Ante, p. 812.

Effective date.

PUBLIC LAW 89-592-SEPT. 19, 1966

[80

STAT.

by law to be served on a foreign corporation in any other manner now or hereafter permitted by law. "(4) Any foreign corporation which fails to comply with the requirements of paragraph (1) of this subsection shall be guilty of a misdemeanor and shall be fined not more than $500. "(5) The Commissioners of the District of Columbia are authorized to make such rules and regulations as may be necessary to carry out the purpose of this subsection. " (f) As used herein, the term 'foreign corporation' having income from loans excluded from gross income under section 2(b) (17) of title III of the District of Columbia Income and Franchise Tax Act of 1947, as amended, shall include any foreign corporation subject to a tax only as a result of activities contemplated by subparagraph (G) of section 2(b) (17) of title III of such Act." SEC. 3. This Act shall take effect on the date of its enactment. Approved September 19, 1966.

Public Law 89-592 September 19, 1966 [S. 33 54]

Indians. Loans. 25 USC 70n-l.

AN ACT To amend the law establishing the revolving fund for expert assistance loans to Indian tribes. Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the appropriation authorization in section 1 of the Act of November 4, 1963 (77 Stat. 301), is hereby amended by changing "$900,000" to "$1,800,000". Approved September 19, 1966.

Js?>f.

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 80 STAT. ]

PUBLIC LAW 89.593-SEPT. 20, 1966

815

Public Law 89-593 AN ACT

September 20, 1966

To revise postal rates on certain fourth-class mail, and for other purposes.

[H. R. 14904]

Be it enacted by the Senate and House of Representatives of the Postal rates United States of America in Congress assembled, That (a) chapter certain fourth- on 67 of title 39, United States Code, is amended by adding at the end class mail. 74 Stat. 673. thereof the following new sections: "§4556. Postage rates on parcel post " (a) Except as otherwise provided in this section and subject to section 4558 of this title, the rates of postage on fourth-class Post, p. 816. parcel post are based on the zones described in section 4553 of this title in accordance with the following table: [Cents per parcel] Zones Pounds

Local delivery 1st and 2d

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50. 51 52. 53 54 56 66 67 58 59 60 61 62 63 64 65 66 67 68 69 70

40 40 46 46 46 50 50 55 65 55 60 60 65 65 65 70 70 75 75 75 80 80 85 85 86 90 90 95 95 95 100 100 100 105 106 110 110 110 115 115 116 120 120 125 125 125 130 130 130 135 135 140 140 140 146 145 150 150 150 166 155 155 160 160 166 166 165 170 170

50 55 60 65 70 80 86 90 96 100 106 110 115 120 125 130 135 140 140 145 150 156 160 160 165 170 176 180 180 185 190 195 195 200 206 210 216 216 220 225 230 230 235 240 245 250 260 255 260 266 265 270 270 275 280 280 285 290 290 295 300 300 305 305 310 315 316 320 326

3d 50 60 65 70 80 85 90 95 105 110 115 120 130 135 140 145 150 160 165 170 175 180 185 190 196 196 200 206 210 215 220 225 230 235 240 246 250 256 260 265 270 275 275 280 285 290 295 300 306 310 315 320 325 330 335 340 345 360 350 356 360 365 370 375 380 386 390 395 400

4th 55 66 76 80 90 100 106 116 120 130 136 146 150 160 165 176 180 190 195 205 210 215 220 230 235 240 260 255 260 265 275 280 286 290 300 305 310 320 325 330 335 345 350 366 366 370 376 380 390 395 400 406 410 420 425 430 435 440 450 465 460 466 470 480 485 490 495 500 510

5th 60 75 85 96 106 115 130 140 160 160 170 180 190 200 210 220 230 240 250 260 266 275 285 290 300 310 320 325 335 345 350 360 370 375 386 395 405 410 420 430 436 445 455 460 470 480 490 495 605 515 520 630 535 546 565 660 570 675 585 595 600 610 615 625 635 640 660 665 665

f.th 70 85 100 110 125 140 150 166 175 190 200 210 225 235 245 260 270 285 295 305 316 330 340 350 360 370 385 395 405 415 425 440 450 460 470 480 495 605 516 526 536 550 580 570 580 590 605 615 625 635 645 660 670 680 690 700 716 726 735 746 766 770 780 790 800 810 826 836 846

7th 75 95 110 130 146 160 175 190 210 225 240 265 270 285 300 315 330 346 360 375 390 405 415 430 446 460 475 485 600 616 530 545 556 570 586 600 615 625 640 656 670 685 695 710 725 740 755 765 780 795 805 820 836 845 860 870 885 900 910 925 935 950 965 976 990 1,000 1,015 1,030 1,040

8th 80 106 126 145 165 185 200 220 240 260 275 295 310 330 345 365 380

400 415 435 460 465 485 500 520 535 660 570 585 605 620 636 655 670 690 705 720

740 765 770 790 806 820 835 860 870 886 903

915 930 950 965 980 995 1,010 1,030 1,045 1,060 1,075 1,090 1,110 1,125 1,140 1,155 1,170 1,190 1,205 1,220 1,235

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PUBLIC LAW 89-593-SEPT. 20, 1966

[80

STAT.

" (b) Subject to section 4558 of this title, parcels weighing less than ten pounds and. measuring more than eighty-four inches but not more than one hundred inches in length and girth combined are subject to a minimum postage rate equal to the postage rate for a ten-pound parcel for the zone to which the parcel is addressed. "(c) Subject to section 4558 of this title, the postage rate on ^old mailed within Alaska or from Alaska to other States and possessions of the United States, including the Canal Zone and the Trust Territory of the Pacific Islands, and the Commonwealth of Puerto Rico is 2 cents for each ounce or fraction thereof regardless of zones. "§4557. Postage rates on catalogs " (a) Subject to section 4558 of this title, the rates of postage on fourth-class catalogs, having twenty-four or more pages at least twenty-two of which are printed and weighing sixteen ounces or more but not exceeding ten pounds, are based on the zones described in section 4553 of this title in accordance with the following table: 'CATALOGS Zones " W e i g h t (pounds) Local

1.6 2 2.5 3 3.5 4 4.5 5 6 7 8 9 10

-

--

Cents 23 24 25 26 27 28 29 30 32 34 36 38 39

1 and 2 Cents 29 30 32 33 35 36 38 39 42 46 48 51 64

3

4

Cents 30 32 33 35 37 39 41 42 46 50 53 57 60

5

Cents 31 33 36 38 40 42 45 46 51 66 60 65 69

6

Cents 33 36 39 42 44 47 50 53 59 64 70 76 81

7

Cents 35 39 42 46 49 63 56 60 67 74 81 88 95

8

Cents 38 42 46 51 55 69 64 68 77 85 94 104 112

Cents 41 46 51 57 62 67 72 77 88 98 109 119 129

"(b) Subject to section 4558 of this title, the rates of postage on catalogs conforming to subsection (a) of this section, when mailed in quantities of not less than three hundred individually addressed pieces at one time and when prepared and mailed in accordance with conditions established by the Postmaster General, consist of a piece rate in addition to a bulk rate per pound, based on the zones described in section 4553 of this title, in accordance with the following table: Piece r a t e

1 and 23 4 5 6 7 8

-

-

--

--

-

Bullc p o u n d rate

Cents

"Zone

Cents 17 21 21 21 21 21 21 22

1.9 3.0 3.6 4.6 5.7 7 1 8.7 10 4

"§4558. Reformation of conditions of mailability " (a) Whenever the Postmaster General finds that, as a continuing situation,— "(1) the acceptance, as fourth-class mail, of mail matter otherwise legally acceptable in the mails is being prevented, or "(2) the revenue from the fourth-class mail service is less than the cost of such service or that the revenue from such service is greater than the cost thereof, or

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 80 STAT. ]

PUBLIC LAW 89-593-SEPT. 20, 1966

"(3) any other condition exists with respect to the fourth-class mail service which is impairing the efficient and economical operation of such service, by reason of— " (A) the rates of postage on fourth-class mail (other than the rates prescribed by sections 4422, 4554, and 4651 to 4654, inclusive, of this title), or " (B) the classification of articles mailable as fourth-class mail, or " (C) the postal zone structure or the method used in establishing such structure, or " (D) any other condition of mailability as fourth-class mail (other than size and weight limits), he shall file with the Interstate Commerce Commission a request to— "(i) increase or decrease, as he deems advisable, any rate or rates of postage on fourth-class mail (other than the rates prescribed by sections 4422, 4554, and 4651 to 4654, inclusive, of this title), or "(ii) reform any condition or conditions of mailability within the purview of subparagraphs (B), (C), and (D) of this subsection, or "(iii) take both such actions. " (b) The request of the Postmaster General under subsection (a) of this section for an increase or decrease in any rate or rates of postage or for reformation of any other condition or conditions of mailability, or both, shall be deemed approved on the thirtieth day following the date on which the Postmaster General files such request with the Interstate Commerce Commission, and shall become effective in accordance with the terms of the request, unless, prior to the expiration of such thirtieth day— "(1) such request is rejected by the Commission, or "(2) the Commission orders an investigation of such request. If final determination by the Commission, on the basis of such investigation, is not made prior to the expiration of the one hundred and eightieth day after the date of the filing of such request with the Commission, such request shall be deemed approved at the close of such one hundred and eightieth day and shall become effective in accordance with its terms. "§4559. Certification on fourth-class mail revenue-cost relationship "The Postmaster General shall not withdraw from the general fund of the Treasury any funds appropriated to the Department for any fiscal year, until he has certified in writing to the Secretary of the Treasury that— "(1) he has reason to believe that the revenues from the rates of postage on fourth-class mail (other than fourth-class mail for which the rates are prescribed by sections 4422, 4554, and 4651 to 4654, inclusive, of this title) will not be greater than the costs thereof by more than 4 per centum and will not be less than the costs thereof by more than 4 per centum; or "(2) he has filed with the Interstate Commerce Commission a request for the establishment or reformation of rates or other conditions of mailability, or both, in accordance with section 4558 of this title, with the objective that the revenues of such fourthclass mail will not be greater than the costs thereof by more than 4 per centum, or will not be less than the costs thereof by more than 4 per centum; or

817

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PUBLIC LAW 89-593-SEPT. 20, 1966

[80 STAT.

"(3) the volume data published in the most recent Cost Ascertainment Report does not reflect increases in the volume of fourthclass mail from changes in law, including changes which have not become effective, which in the opinion of the Postmaster General would have resulted in revenues of fourth-class mail (other than that for which rates are prescribed by sections 4422,4554 and 4651 to 4654 inclusive, of this title) not greater than the costs thereof by more than 4 per centum, or not less than the costs thereof by more than 4 per centum, had such changes in law been in effect for the period covered by such Cost Ascertainment Report. Certificates required by this subsection shall be based on the volume data published in the most recent Cost Ascertainment Report of the Department,". (b) The table of contents of such chapter 67 is amended by adding at the end thereof the following: "4556. "4557. "4558. "4559.

Postage rates on parcel post. Postage rates on catalogs. Reformation of conditions of mailability. Certification on fourth-class mail revenue-cost relationship.".

7rsut.^67r'

SEC. 2. (a) Section 4553 of title 39, United States Code, is amended by adding at the end thereof the following new subsections: "(c) The Postmaster General shall use units of area containing postal sectional center facilities as the basis of a postal zone as described in subsection (b) of this section. The zone shall be measured from the center of the unit of arek containing the dispatching sectional center facility. A post office of mailing and a post office of delivery shall have the same zone relationship as their respective sectional center facilities, but this sentence shall not cause two post offices to be regarded as within the same local zone. " (d) I n addition to the eight zones described in subsections (b) and (c) of this section, there is a local zone as defined by the Postmaster General from time to time. "(e) The foregoing provisions of this section are subject to section

Ante. p. 816.

4553 of t h i s title. ".

7 4 Stat. 66 5.

(b) Section 4303(d)(1) of title 39, United States Code, is amended by striking out "established for fourth class mail" and inserting in lieu thereof "described in section 4553, or prescribed pursuant to section 4558, of this title". (c) Section 4359(e)(3) of title 39, United States Code, is amended by striking out "established for fourth class mail" and inserting in lieu thereof "described in section 4553, or prescribed pursuant to section 4558, of this title". (d) Section 4554(a)(1) of title 39, United States Code, is amended to read as follows: "(1) complete books consisting wholly of reading matter or scholarly bibliography or reading matter with incidental blank spaces for notations and containing no advertising matter other than incidental announcements of books except additions, supplements, fillers, or similar matter which are mailed thereafter and which are intended to replace or add to material in the complete book originally mailed;". g^^ 3 gggtion 4552 of title 39, United States Code, is amended to read as follows: " (a) Except as provided in subsection (c), the minimum weight of fourth class mail is sixteen ounces, and the maximum weight is forty pounds in the first and second zones and in any other zones— "(1) twenty-five pounds on matter mailed on or after July 1, 1967, but before July 1, 1968; ,,, „, _

76 Stat. 445.

74 Stat. 674.

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 80 STAT. ]

PUBLIC LAW 89-593-SEPT. 20, 1966

" (2) thirty pounds on matter mailed on or after July 1, 1968, but before July 1, 1969; and "(3) forty pounds on matter mailed on or after July 1, 1969. "(b) Except as provided in subsection (c), the maximum size of fourth class mail is— "(1) seventy-two inches in girth and length combined on matter mailed before July 1, 1970; "(2) seventy-eight inches in girth and length combined on matter mailed on or after July 1, 1970, but before July 1, 1971; and "(3) eighty-four inches in girth and length combined on matter mailed on or after July 1, 1971. "(c) The maximum size on fourth class mail is one hundred inches in girth and length combined, and the maximum weight is seventy pounds for parcels— "(1) mailed at, or addressed for delivery at, a second-, third-, or fourth-class post office or on a rural or star route; "(2) containing baby fowl, live plants, trees, shrubs, or agricultural commodities but not the manufactured products of those commodities; "(3) consisting of books, films, and other materials mailed under section 4554 of this title; "(4) addressed to or mailed at any Armed Forces post office outside the fifty States; "(5) addressed to or mailed in the Commonwealth of Puerto Rico, the States of Alaska and Hawaii, or a possession of the United States including the Canal Zone and the Trust Territory of the Pacific Islands; and "(6) consisting of reproducers of sound reproduction records for the blind or parts thereof, and of braille writers and other appliances for the blind or parts thereof, mailed under section 4654 of this title.". SEC. 4. (a) The paragraph under the heading "GENERAL PROVISIONS" under the appropriations for the Post Office Department contained in chapter IV of the Supplemental Appropriation Act, 1951 (64 Stat. 1050), as amended by section 213 of the Postal Rate Increase Act, 1958 (72 Stat. 143; 31 U.S.C. 695), is repealed effective as of July 1, 1966. (b) Section 207(b) of the Act of February 28, 1925 (43 Stat. 1067), as amended by section 7 of the Act of May 29, 1928 (45 Stat. 942), is repealed as of the effective date of the first section of this Act. SEC. 5. (a) There is hereby established a commission to be known as the Advisory Commission on Parcel Distribution Services (hereinafter referred to as the "Commission"). (b) The Commission shall be composed of five members appointed by the President. Three members of the Commission shall constitute a quorum. The President shall designate one of the members to serve as Chairman of the Commission and one of the members to serve as Vice Chairman of the Commission. (c) I t shall be the duty of the Commission to make a full and complete study of small parcel distribution services, including parcel post, with a view to making recommendations with respect to— (1) the adequacy of existing services in terms of the needs of the consumer and the shipper; (2) the feasibility of integrating private and public small parcel distribution services through cooperative ventures; (3) methods of improving, coordinating, strengthening, expanding, and making more efficient the private distribution system;

819

Ante, p. 818.

Repeau.

^^^i use 695 note.

Advisory com Teforstr'ibutio'^ services,

mission o n P a i -

dil"i^biuo"^^ services, study.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/856

 820

Report to President and Congre s s.

Ante, p. 288.

5 USC 55a. Information from Federal agencies.

Compensation.

PUBLIC LAW 89-593-SEPT. 20, 1966

[80

STAT.

(4) simplification of the rate structure applicable to the parcel post system; (5) standardization of containers for parcel post shipments; (6) improvement of service under the parcel post system in terms of reliability, delivery, and handling of parcels; (7) the ability of the Post Office Department to handle parcels in excess of seventy-eight inches length and girth combined in an efficient, economical, and businesslike manner; (8) the effect that the size increases effective on July 1, 1971, will have on the financial stability and continued operation of common carriers primarily engaged in express service, and on such carriers' ability to maintain existing employee rights, privileges, levels, and conditions of employment; (9) the advisability in terms of the public interest and the needs of the consumer and the shipper generally to permit parcels in excess of seventy-eight inches in length and girth combined to be carried by parcel post; (10) the necessity for and type of protection to be afforded common carriers primarily engaged in express service and their employees if the Commission finds that it is in the public interest to permit the carriage by parcel post of parcels in excess of seventy-eight inches length and girth combined; (11) such other matters relating to small parcel distribution as the Commission may deem appropriate. (d) On on before January 1, 1968, the Commission shall submit to the President and the Congress an interim report concerning its activities during the preceding year, including such recommendations as it may deem appropriate. On or before January 1, 1969, the Commission shall submit to the President and the Congress its final report and recommendations. Such report shall include specific recommendations on the matters contained in paragraphs (8), (9), and (10) of subsection (c) of this section. If such Commission finds that the increases in parcel post size and weight limits established by this Act will seriously endanger the ability of common carriers primarily engaged in the express service to continue operations and are not in the public interest. Congress shall during the 91st Congress consider (lie advisability" of further legislation to eliminate the increase in size limitations on parcel post to take effect on July 1, 1971, established by this Act. (e) The Commission shall have the power to appoint and fix the compensation of an executive director and such other personnel as it deems advisable, in accordance with the provisions of the civil service laws and the Classification Act of 1949, as amended. The Commission may also procure, without regard to the civil service laws and the Classification iVct of 1949, as amended, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Act of August 2, 1946 (60 Stat. 810), but at rates not to exceed $100 per diem for individuals. (f) The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government information for the purposes of this section; and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information directly to the Commission upon request made by the Chairman of the Commission. (g) Members of the Commission shall each receive $100 per diem when engaged in the actual performance of duties vested in the Commission, including traveltime, and may receive travel expenses, includ-

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STAT.]

PUBLIC LAW 89-595- SEPT. 20, 1966

821

ing per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons 7 5'°t^lr*33^;'^!^o. in the Government service employed intermittently. (h) There are hereby authorized to be appropriated to the Commis- Appropriation. sion such sums, not to exceed $100,000 for any year, as may be necessary to carry out the provisions of this section. (i) The Commission shall cease to exist thirty days after the submission of the final report provided for in subsection (d). SEC. 6. This section and section 5 shall become effective on the date Effective dates. of enactment of this Act. The provisions of the first section and section 2 of this Act shall become effective on January 15, 1967. The provisions of section 3 of this Act shall become effective on July 1, 1967. Approved September 20, 1966.

Public Law 89-594 AN ACT September 20, 1966

Relating to credit life insurance and credit health and accident insurance with respect to student loans.

[H. R. IO823]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 10(2) D.c. Student in(d) of chapter V of the Life Insurance Act (D.C. Code, sec. 35-710 inVur^anceloans, crease. (2)(d)) is amended to read as follows: 64 Stat. 331. " (d) The amount of insurance on the life of any debtor shall at no time exceed the amount owed by him which is repayable in installments to the creditor or $10,000, whichever is less. Notwithstanding the immediately preceding provision, the amount of insurance with respect to a loan commitment incurred to defray educational costs of a student may be in an amount not exceeding the fixed amount committed to be loaned under the loan commitment less the amount of any repayments made on the loan." SEC. 2. Section 4 of the Act for the Regulation of Credit Life Insurance and Credit Accident and Health Insurance (D.C. Code, sec. 351604) is amended by adding at the end thereof the following new 76 Stat. 581. subsection: "(c) Notwithstanding subsections (a) and (b), the amount of any credit life insurance or credit accident and health insurance with respect to indebtedness incurred to defray educational costs of a student may include the part of a commitment that has not been advanced by the creditor." Approved September 20, 1966. Public Law 89-595 JOINT RESOLUTION

September 20, 1966

To delete the interest rate limitation on debentures issued by Federal intermediate credit banks.

[s. j. Res. 178]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sentence of section 203(b) of the Federal Farm Loan Act, as amended (12 U.S.C. 1042), relating to debentures issued by Federal intermediate credit banks, is amended by deleting ", not exceeding 6 per centum per annum" therefrom. Approved September 20, 1966.

Banks; debentures. Interest rate. 50 Stat. 715.

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PUBLIC LAW 89.596-SEPT. 20, 1966

[80

STAT.

Public Law 89-596 September 20, 1966 [S. 254]

Tualatin Federal reclamation project, Oreg.

43 USC 391 note.

Repayment period.

16 USC 460/12 note.

43 USC 485a.

43 USC 48 5h. Interest rate, determination by Secretary.

33 USC 701i-l.

AN ACT To authorize the Secretary of the Interior to construct, operate, and maintain the Tualatin Federal reclamation project, Oregon, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to supply irrigation water to approximately seventeen thousand acres of land in the Tualatin River Valley, Oregon, to develop municipal and industrial water supplies, to provide facilities for river regulation and control of floods, to enhance recreation opportunities, to provide for the conservation and development of fish and wildlife resources, and for other purposes, the Secretary of the Interior is authorized to construct, operate, and maintain the Tualatin Federal reclamation project in accordance with the Federal reclamation laws (Act of Jiine 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto). The principal features of the said project shall be a dam and reservoir on Scoggin Creek, canals, pumping plants and water distribution facilities. SEC, 2. Irrigation repayment contracts shall provide, with respect to any contract unit, for repayment of the irrigation construction costs assigned for repayment to the irrigators over a period of not more than fifty years exclusive of any development period authorized by law. Construction costs allocated to irrigation beyond the ability of the irrigators to repay during the repayment period shall be returned to the reclamation fund within said repayment period from revenues derived by the Secretary from the disposition of power marketed through the Bonneville Power Administration. Power and energy required for irrigation water pumping for the Tualatin project shall be made available by the Secretary from the Federal Columbia River power system at charges determined by him. SEC. 3. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Tualatin project shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 4. (a) Costs of the project allocated to municipal w:ater supply shall be repayable, with interest, by the municipal water users over a period of not more than fifty years from the date that water is first delivered for that purpose, pursuant to contracts with municipal corporations, or other organizations, as defined in section 2(g) of the Reclamation Project Act of 1039 (53 Stat. 1187). Contracts may be entered into with water users' organizations pursuant to the provisions of this Act without regard to the last sentence of subsection 9(c) of the Reclamation Project Act of 1939, supra. (b) The interest rate used for computing interest during construction and interest on the unpaid balance of the costs of the project allocated to municipal water supply shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is commenced, on the basis of the computed average interest rate payable hj the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue, and by adjusting such interest rate to the nearest multiple of one-eighth of 1 per centum if the computed average interest rate is not a multiple of one-eighth of 1 per centum. (c) Costs of the project allocatea to highway transportation shall be nonreimbursable in accordance with section 208 of the Flood Control Act of 1962 (76 Stat. 1196). SEC. 5. For a period of ten years from the date of enactment of this Act, no water shall be delivered to any water user on the Tualatin

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 80

STAT.]

PUBLIC LAW 89-597-SEPT. 21, 1966

project for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938, as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 6. There is hereby authorized to be appropriated for the construction of the Tualatin project the sum of $20,900,000 (January 1965 prices) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved therein, and, in addition thereto, such sums as may be required to operate and maintain said project. Approved September 20, 1966.

823 63 Stat. 1051. 7 USC 14'1 note.

62 Stat. 1251. 7 USC 1301, Appropriation.

Public Law 89-597 AN ACT To provide for the more flexible regulation of maximum rates of interest or dividends payable by banks and certain other financial institutions on deposits or share accounts, to authorize higher reserve requirements on time deposits at member banks, to authorize open market operations in agency issues by the Federal Reserve banks, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The Secretary of the Treasury, the Board of Governors of the Federal Reserve System, the Board of Directors of the Federal Deposit Insurance Corporation, and the Federal Home Loan Bank Board, in implementation of their respective powers under existing law and this Act, shall take action to bring about the reduction of interest rates to the maximum extent feasible in the light of prevailing money market and general economic conditions. RESERVES A N D RATE C E I L I N G S — M E M B E R

September 21, 1966 [H. R. 14026]

Banks. Interest rates, controls.

BANKS

SEC. 2. (a) Section 19 of the Federal Reserve Act is amended by striking the first six paragraphs (12 U.S.C. 461, 462, and 462b) and inserting: " (a) The Board is authorized for the purposes of this section to define the terms used in this section, to determine what shall be deemed a payment of interest, and to prescribe such regulations as it may deem necessary to effectuate the purposes of this section and to prevent evasions thereof. "(b) Every member bank shall maintain reserves against its deposits in such ratios as shall be determined by the affirmative vote of not less than four members of the Board within the following limitations: "(1) In the case of any member bank in a reserve city, the minimum reserve ratio for any demand deposit shall be not less than 10 per centum and not more than 22 per centum, except that the Board, either in individual cases or by regulation, on such basis as it may deem reasonable and appropriate in view of the character of business transacted by such bank, may make applicable the reserve ratios prescribed for banks not in reserve cities. "(2) In the case of any member bank not in a reserve city, the

40 Stat. 239.

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i2%ic%lh^'

fslMt. 715. 40 Stat. 504.

PUBLIC LAW 89.597-SEPT. 21, 1966

minimum reserve ratio for any demand deposit shall be not less than 7 per centum and not more than 14 per centum. "(3) I n the case of any deposit other than a demand deposit, the minimum reserve ratio shall be not less than 3 per centum and not more than 10 per centum. "(c) Reserves held by any member bank to meet the requirements imposed pursuant to subsection (b) of this section shall be in the form of— " (1) balances maintained for such purpose by such bank in the Federal Reserve bank of which it is a member, and "(2) the currency and coin held by such bank, or such part thereof as the Board may by regulation prescribe." (b) The paragraphs which, prior to the amendments made by this Act, were the seventh (12 U.S.C. 374a), eighth (12 U.S.C. 374, 463), ninth (12 U.S.C. 464), tenth (12 U.S.C. 465), eleventh (12 U.S.C. 466), twelfth (12 U.S.C. 37la), and thirteenth (12 U.S.C. 371b) paragraphs of section 19 of the Federal Reserve Act are respectively redesignated as subsections (d), (e), (f), (g), (h), (i), and (]) of that section. (c) Such section is further amended by striking the first sentence ^^ subsection (j) as redesignated (12 U.S.C. 371) and inserting: "The Board may from time to time, after consulting with the Board of Directors of the Federal Deposit Insurance Corporation and the Federal Home Loan Bank Board, limit by regulation the rates of interest which may be paid by member banks on time and savings deposits. The Board may prescribe different rate limitations for different classes of deposits, for deposits of different amounts or with different maturities or subject to different conditions regarding withdrawal or repayment, according to the nature or location of member banks or their depositors, or according to such other reasonable bases as the Board may deem desirable in the public interest." (^) '^^® 1.^* paragraph of such section (12 U.S.C. 462a-l) and the proviso in section 8 of the Second Liberty Bond Act (31 U.S.C. 771) are repealed. RATE C E I L I N G S — I N S U R E D N O N M E M B E R

64 Stat. 893.

[80 STAT.

BANKS

SEC. 3. The second and third sentences of section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) are amended to read as follows: "The Board of Directors may from time to time, after consulting with the Board of Governors of the Federal Reserve System and the Federal Home Loan Bank Board, limit by regulation the rates of interest or dividends that may be paid by insured nonmember banks (including insured mutual savings banks) on time and savings deposits. The Board of Directors may prescribe different rate limitations for different classes of deposits, for deposits of different amounts or with different maturities or subject to different conditions regarding withdrawal or repayment, according to the nature or location of insured nonmember banks or their depositors, or according to such other reasonable bases as the Board of Directors may deem desirable in the public interest." RATE C E I L I N G S — S A VI N G S AND LOAN ASSOCIATIONS

64 Stat. 257.

SEC. 4. The Federal Home Loan Bank Act is amended by adding after section 5A thereof (12 U.S.C. 1425a) the following new section: "SEC. 5 B. The Board may from time to time, after consulting with the Board of Governors of the Federal Reserve System and the Board of Directors of the Federal Deposit Insurance Corporation, limit by

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regulation the rates of interest or dividends on deposits, shares, or withdrawable accounts that may be paid by members, other than those the deposits of which are insured in accordance with the provisions of the Federal Deposit Insurance Act, and by institutions which are 12 us'c isii insured institutions as defined in section 401(a) of the National note. Housing Act. The Board may prescribe different rate limitations ^^ Stat. 1255. for different classes of deposits, shares, or withdrawable accounts, for deposits, shares, or withdrawable accounts of different amounts or with different maturities or subject to different conditions regarding withdrawal or repayment, according to the nature or location of such members or institutions or their depositors, shareholders, or withdrawable accountholders, or according to such other reasonable bases as the Board may deem desirable in the public interest." OUTSTANDING RATE

REGULATIONS

SEC. 5. Any regulation prescribed by the Board of Governors of the Federal Reserve System or the Board of Directors of the Federal Deposit Insurance Corporation with respect to the payment of deposits and interest thereon by members banks or insured nonmember banks which is in effect when this Act is enacted shall continue in effect unless and until it is modified or rescinded after consultation with the Board of Directors or the Board of Governors, as the case may be, and the Federal Home Loan Bank Board. OPEN MARKET

OPERATIONS

SEC. 6. Section 14(b) of the Federal Reserve Act (12 U.S.C. 355) is amended by inserting " (1) " immediately after " (b) " and by adding the following new paragraph at the end: "(2) To buy and sell in the open market, under the direction and regulations of the Federal Open Market Committee, any obligation which is a direct obligation of, or fully guaranteed as to principal and interest by, any agency of the United States," SEC. 7. The provisions of the preceding sections of this Act shall be effective only during the one-year period which begins on the date of enactment of this Act. Upon the expiration of such period, each provision of law amended by this Act is further amended to read as it did immediately prior to the enactment of this Act. Approved September 21, 1966.

38 Stat. 265.

Public Law 89-598 AN A P T ^i> ^v^x

Relating to the composition of the District of Columbia Court of General Sessions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11-902 (a) of the District of Columbia Code is amended by striking out "fifteen" and inserting in lieu thereof "twenty". Approved September 21, 1966.

September 21, 1966

[S- 2263]

^.c. 77 stat 487.

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[80

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Public Law 89-599 September 21, 1966 [S. 3051]

MissouriKansas interstate compact.

AN ACT Granting the consent of Congress to the compact between Missouri and Kansas creating the Kansas City Area Transportation District and the Kansas City Area Transportation Authority.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of section 2 of this Act, the Congress consents to the compact between the States of Missouri and Kansas which reads as follows: "COMPACT B E T W E E N M I S S O U R I A N D K A N S A S C R E A T ING THE KANSAS CITY AREA TRANSPORTATION DISTRICT AND THE KANSAS CITY AREA TRANSPORTATION AUTHORITY. "The States of Missouri and Kansas solemnly agree: "ARTICLE

I.

"They agree to and pledge, each to the other, faithful cooperation in the future planning and development of the Kansas City Area Transportation District, holding in high trust for the benefit of its people and of the Nation, the special blessings and natural advantages thereof. "ARTICLE II.

.-..r. s, r..,.:*....•-

•:

.-.-^J

"To that end, the two States create a district to be known as the Kansas City Area Transportation District (hereinafter referred to as 'The District'), which shall embrace the following territory: The Counties of Cass, Clay, Jackson and Platte in Missouri, and the Counties of Johnson, Leavenworth and Wyandotte in Kansas. "ARTICLE

III.

"There is created the Kansas City Area Transportation Authority of the Kansas City Area Transportation District (hereinafter referred to as the 'Authority'), which shall be a body corporate and politic and a political subdivision of the States of Missouri and Kansas. "The Authority shall have the following powers: "(1) To acquire by gift, purchase or lease and to plan, construct, operate and maintain, or to lease to others for operation and maintenance, passenger transportation systems and facilities, either upon, above or below the ground. "(2) To charge and collect fees and rents for use of the facilities owned or operated by it. "(3) To contract and to be contracted with, and to sue and to be sued. "(4) To receive for its lawful activities any contributions or moneys appropriated by municipalities, counties, or by the Federal Government or any agency or officer thereof or from any other source. "(5) To disburse funds for its lawful activities and fix salaries and wages of its officers and employees. "(6) To borrow money for the acquisition, planning, construction, equipping, operation, maintenance, repair, extension, and improvement of any facility which it has the power to own or

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to operate or to own and to operate, and to issue the negotiable notes, bonds or other instruments in writing of the Authority in evidence of the sum or sums to be borrowed, " (7) To issue negotiable refunding notes, bonds or other instruments in writing for the purpose of refunding, extending or unifying the whole or any part of its valid indebtedness from time to time outstanding, whether evidenced by notes, bonds, or other instruments in writing, which refunding notes, bonds or other instruments in writing shall not exceed m amount the principal of the outstanding indebtedness to be refunded and the accrued interest thereon to the date of such refunding. "(8) To provide that all negotiaJble notes, bonds and other instruments in writing issued either pursuant to subdivision (6) or pursuant to subdivision (7) hereof shall be payable, both as to principal and interest, out of the revenues collected for the use of any facility or combination of facilities owned or operated or owned and operated by the Authority, or out of any other resources of the Authority, and may be further secured by a mortgage or deed of trust upon any property owned by the Authority. All notes, bonds or other instruments in writing issued by the Authority as herein provided shall mature in not to exceed thirty years from the date thereof, shall bear interest at a rate not exceeding six percent per annum, and shall be sold for not less than ninety-five per cent of the par value thereof. The Authority shall have the power to prescribe the details of such notes, bonds or other instruments in writing, and of the issuance and sale thereof, and shall have the power to enter into covenants with the holders of such notes, bonds or other instruments in writing, not inconsistent with the powers herein granted to the Authority, without further legislative authority. "(9) To condemn any and all rights or property, of any kind or character, necessary for the purposes of the Authority, subject, however, to the provisions of this compact: Provided, however, That no property now or hereafter vested in or held by either State or by any county, city, village, township or other political subdivision, shall be taken by the Authority without the authority or consent of such state, county, city, village, township or other political subdivision. If the property to be condemned be situated in the State of Kansas, the said Authority shall follow the procedure of the Act of the State of Kansas providing for the exercise of the right of eminent domain, and if the property to be condemned be situated in the State of Missouri, the said Authority shall follow the procedure provided by the laws of the State of Missouri for the appropriation of land or other property taken for telegraph, telephone or railroad right of ways. "(10) To petition any interstate commerce commission (or like body), public service commission, public utilities commission (or like body), or any other Federal, municipal, state or local authority, administrative, judicial or legislative, having jurisdiction in the premises, for the adoption of plans for and execution of any physical improvements, change in methods, rate of transportation, M-hich, in the opinion of iho, Authority, may be designed to improve or better the handling of commerce in and through the District, or improve terminal and transportation facilities therein. I t may intervene in any proceeding affecting the commerce of the District. "(11) To perform all other necessary and incidental functions; and to exercise such additional powers as shall be conferred on it by the Legislature of either State concurred in by the Legislature of the other and by Act of Congress.

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PUBLIC LAW 89-599-SEPT. 21, 1966 "ARTICLE

[80 STAT.

IV.

"Nothing contained in this compact shall impair the powers of any county, municipality or other political subdivision to acquire, own, operate, develop or improve any facility which the Authority is given the right and power to own, operate, develop or improve. "Nothing herein shall impair or invalidate in any way bonded indebtedness of either State or of any county, city, village, township or other political subdivision, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property or dedicating the revenues derived from any municipal property to a specific purpose. "IJnless and until otherwise provided, the Authority shall make an annual report to the Governor of each State, setting forth in detail the operations and transactions conducted by it pursuant to this compact and any legislation thereunder. "ARTICLE

V.

"The Authority shall consist of ten Commissioners, five of whom shall be resident voters of the State of Missouri and five of whom shall be resident voters of the State of Kansas. All Commissioners shall reside within the District, the Missouri members to be chosen by the State of Missouri and the Kansas members by the State of Kansas, in the manner and for the terms fixed by the Legislature of each State except as herein provided. "ARTICLE

VI.

"The Authority shall elect from its number a chairman, a vicechairman, and may appoint such officers and employees as it may require for the performance of its duties, and shall fix and determine their qualifications and duties. "Until otherwise determined by the Legislature of the two States, no action of the Authority shall be binding unless taken at a meeting at which at least three members from each State are present, and unless a majority of the members from each State, present at such meeting, shall vote in favor thereof. "The two States shall provide penalties for violations of any order, rule or regulation of the Authority, and for the manner of enforcing same. "ARTICLE

VII.

"The Authority is authorized and directed to proceed to carry out its duties, functions and powers in accordance with the articles of this compact as rapidly as may be economically practicable and is vested with all necessary and appropriate powers not inconsistent with the Constitution or the Laws of the United States or of either State, to effectuate the same, except the power to levy taxes or assessments. " I N WITNESS THEREOF, we have hereunder set our hands and seals under authority vested in us by law this twenty-eighth day of December, 1965. "(Signed). "In the Presence of: "(Signed)." SEC. 2. (a) Any obligations issued and outstanding including the income derived therefrom, under the terms of the compact consented to in this Act, and any amendments thereto, shall be subject to the tax laws of the United States.

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(b) Nothing in such compact shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States or of any court, department, board, bureau, officer or official of the United States, in, over, or in regard to the territory which is embraced in the Kansas City Area Transportation District, as defined in such compact, or any navigable waters, or any commerce between the States or with foreign countries, or any bridge, railroad, highway, pier, wharf, or other facility or improvement, or any other person, matter, or thing, forming the subject matter of such compact, or otherwise affected by the terms thereof, with the exception that the Kansas City Area Transportation Authority, as established in such compact, its affiliates and the transportation rendered by either, within such Kansas City Area Transportation District shall be exempt from the applicability of the provisions of the Interstate Commerce Act, as amended, and the rules, regulations, and orders promulgated thereunder, but such exception shall not affect the power or authority of the Interstate Commerce Commission to regulate and apply the provisions of the Interstate Commerce Act, as amended, to other persons engaged in the transportation of passengers or property in interstate or foreign commerce within such Kansas City Area Transportation District or the transportation rendered by such other persons. (c) No additional power or powers shall be exercised by such Kansas City Area Transportation Authority under part (11) of article III of such compact unless and until such power or powers are conferred upon such Authority by the legislature of one of the States participating in the compact, agreed to by the legislature of the other participating State, and consented to by the Congress of the United States. (d) Congress or any committee thereof shall have the right to require the disclosure and furnishing of such information by the Authority as they may deem appropriate and shall have access to all books, records, and papers of the Authority. (e) The consent of Congress to this compact is granted subject to the further condition that the Kansas City Area Transportation District and the Kansas City Area Transportation Authority shall not acquire, construct, maintain, operate, or lease to others for maintenance and operation any interstate toll bridge or interstate toll tunnel without prior approval of the Secretary of Commerce. (f) The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved September 21, 1966. Public Law 89-600 AN ACT To declare the Old Georgetown Market a historic landmark and to require its preservation and continued use as a public market, and for other purposes.

September 21, 1966 [H. R. 14205]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assenwled^ That the real prop- D.C. erty, together with all structures thereon on the date of enactment of Market. ^°^^^ ""^ this Act, described as lot 800, square 1186, of the District of Columbia, commonly known as the Old Georgetown Market, is hereby declared a historic landmark, and the Board of Commissioners of the District of Columbia are authorized and directed to preserve such property as a historic landmark and to operate and maintain it as a public market, except that the Board is authorized to enter into an agreement with

65-300 0-67—55

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Appropriation.

PUBLIC LAW 89-601-SEPT. 23, 1966

[80

STAT.

the Secretary of the Interior to provide for the use of a portion of such property as a museum to be operated by the Secretary in connection with the Chesapeake and Ohio Canal. Such property shall not be used under authority of any provision of law for any purpose not provided in this Act, unless (1) such law is enacted after the date of enactment of this Act and (2) specifically authorizes such property to be used for such other purpose. SEC. 2. For the purpose of carrying out the provisions of this Act, there are authorized to be appropriated to the District of Columbia such sums as may be necessary, but not to exceed in the aggregate, $150,000. Approved September 21, 1966.

Public Law 89-601 September 23, 1966 [H. R. 13712]

Fair Labor Standards Amendments of 1966.

AN ACT To amend the Fair Labor Standards Act of 1938 to extend its protection to additional employees, to raise the minimum wage, and for other purposes.

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 "Fair Labor Standards Amendments of 1966". TITLE I—DEFINITIONS TIPS

52 Stat. 1061; 75 Stat. 65. 29 USC 203.

"Tipped employee."

SEC. 101. (a) Section 3(m) of the Fair Labor Standards Act of 1938 is amended hj adding at the end thereof the following new sentence: "In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an amount in excess of 50 per centum of the applicable minimum wage rate, except that in the case of an employee who (either himself or acting through his representative) shows to the satisfaction of the Secretary that the actual amount of tips received by him was less than the amount determined by the employer as the amount by which the wage paid him was deemed to be increased under this sentence, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount." (b) Section 3 of such Act is amended by adding at the end thereof the following new subsection: " (t) 'Tipped employee' means any employee engaged in an occupation in which he customarily and regularly receives more than $20 a month in tips."

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DEFINITION OF E N T E R P R I S E

SEC. 102. (a) Section 3(r) of such Act is amended by adding at the end thereof the following: "For purposes of this subsection, the activities performed by any person or persons— "(1) in connection with the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, an elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is public or private or operated for profit or not for profit), or "(2) m connection with the operation of a street, suburban or interurban electric railway, or local trolley or motorbus carrier, if the rates and services of such railway or carrier are subject to regulation by a State or local agency (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), shall be deemed to be activities performed for a business purpose." (b) Section 3(d) of such Act is amended by inserting after "of a State" the following: "(except with respect to employees of a State, or a political subdivision thereof, employed (1) in a hospital, institution, or school referred to in the last sentence of subsection (r) of this section, or (2) in the operation of a railway or carrier referred to in such sentence)". (c) Section 3(s) of such Act is amended to read as follows: "En r i s e en" (s) 'Enterprise engaged in commerce or in the production of goods gaged t e r pcommerce. in for commerce' means an enterprise which has employees engaged in ere". commerce or in the production of goods for commerce, including employees handling, selling, or otherwise working on goods that have been moved in or produced for commerce by any person, and which— "(1) during the period February 1, 1967, through January 31, 1969, is an enterprise whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level which are separately stated) or is a gasoline service establishment whose annual gross volume of sales is not less than $250,000 (exclusive of excise taxes at the retail level which are separately stated), and beginning February 1, 1969, is an enterprise whose annual gross volume of sales made or business done is not less than $250,000 (exclusive of excise taxes at the retail level which are separately stated);

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Page:Seventeen lectures on the study of medieval and modern history and kindred subjects.djvu/385

 mind, nor am I inclined to do so now. I still think that the aim of Historical teaching is the training of the judgment to be exercised in the moral, social and political work of life; and that, as an instrument of education, such teaching will seek its fittest material in those portions of History which have enough of living interest to stimulate research, but have not enough of immediate practical importance to rouse political partisanship; that accordingly we do best when we begin at the beginning of the history of the forces and materials out of which modern life has grown, and that, in so doing, we have a distinct advantage over those who start to work backward from the immediate interests of to-day. I do not now wish to enter on controversy about this; I know that it is not uncontroverted; I state it, however, as a principle on which I have taught, and have believed myself justified by results. As I stated it in my first, I stand by it in my last lecture.

The lectures of 1876 were given after several years of experience, during which I had learned my own weakness, and begun to find the way in which I trusted that I might be really helpful: years during which the study of History had greatly developed here, and in which we had tried to frame, and I think had succeeded in organising a method of combined teaching, which brought into play the ability of a considerable number of enthusiastic and laborious tutors, and which resulted not only in enlarged and improved schemes of reading, and enlarged and more highly valued distinctions in the way of class and prize, but also in very valuable and important work done for History in the way of research and in the production of books. At that time too, the University was engaged in taking stock of its means and requirements, in preparation for meeting the Commission which was understood to be impending, and which has since worked changes in our constitution, collegiate and academic, which are now only beginning to develope [sic] results. I attempted, in the two lectures which I delivered then, to take a comprehensive survey of the condition of Historical Study, so far as it affected our own material and method, both within and outside of our