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"Elementary school." "Secondary school."

PUBLIC LAW 89-601-SEPT. 23, 1966

"Employee."

STAT.

"(2) is engaged in laundering, cleaning, or repairing clothing or fabrics; "(3) is engaged in the business of construction or reconstruction, or both; or "(4) is engaged in 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 pront or not for profit). Any establishment which has as its only regular employees the owner thereof or the parent, spouse, child, or other member of the immediate family of such owner shall not be considered to be an enterprise engaged in commerce or in the production of goods for commerce or a part of such an enterprise, and the sales of such establishment shall not be included for the purpose of determining the annual gross volume of sales of any enterprise for the purpose of this subsection." (d) Section 3 of such Act is amended by adding after subsection (u) (added by section 103(b) of this Act) the following new subsections: " (v) 'Elementary school' means a day or residential school which provides elementary education, as determined under State law. " (w) 'Secondary school' means a day or residential school which provides secondary education, as determined under State law." AGRICULTURAL

52 Stat. 1060. 29 USC 203.

[80

EMPLOYEES

SEC. 103. (a) Section 3(e) of such Act is amended to read as follows: "(e) 'Employee' includes any individual employed by an employer, except that such term shall not, for the purposes of section 3(u) include— "(1) any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family, or "(2) any individual who is employed by an employer engaged in agriculture if such individual (A) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarilv and generally recognized as having been, paid on a piece rate basis in the region of employment, (B) commutes daily from his permanent residence to the farm on which he is so employed, and (C) has been employed in agriculture less than thirteen weeks during the preceding calendar year."

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833

(b) Section 3 of such Act is further amended by adding after subsection (t) (added by section 101(b) of this Act) the following new subsection: " (u) *Man-day' means any day during which an employee performs any agricultural labor for not less than one hour."

' 'Man-daj,.> >

TITLE II—KEVISION OF EXEMPTIONS HOTEL, RESTAURANT, AND RECREATIONAL ESTABLISHMENT S; A N D RELATED INSTITUTIONS

HOSPITALS

SEC. 201. (a) Section 13(»V (2) of such Act is amended by striking out everything preceding "A 'retail or service establishment' " and inserting in lieu thereof the following: "(2) any employee employed by any retail or service establishment (except an establishment or employee engaged in laundering, cleaning, or repairing clothing or fabrics or an establishment engaged m the operation of a hospital, institution, or school described in section 3(s)(4)), if more than 50 per centum of such establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located, and such establishment is not in an enterprise described in section 3(s) or such establishment has an annual dollar volume of sales which is less than $250,000 (exclusive of excise taxes at the retail level which are separately stated)." (b)(1) Section 13(b) of such Act is amended by inserting after paragraph (7) the following new paragraph in lieu of the paragraph repealed by section 211 of this Act: "(8) any employee employed by an establishment which is a hotel, motel, or restaurant; or any employee who (A) is employed by an establishment which is an institution (other than a hospital) primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises, and (B) receives compensation for employment in excess of fortyeight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed; or". (2) Section 13(a) of such Act is amended by inserting after paragraph (2) the following new paragraph in lieu of the paragraph repealed by section 202 of this Act: "(3) any employee employed by an establishment which is an amusement or recreational establishment, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 331/^ per centum of its average receip^ts for the other six months of such year; or".

H ^^sc' ^li

Ante, p. 831.

LAUNDRY A N D CLEANING ESTABLISHMENTS

SEC. 202. Section 13(a)(3) of such Act is repealed. AGRICULTURAL

EMPLOYEES

SEC. 203. (a) Section 13(a)(6) of such Act is amended to read as follows: "(6) any employee employed in agriculture (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor, (B) if such employee is the parent, spouse, diild, or other member of his

Repeal.

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


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 834

fs^s^tat* 7 2 29 USC 213.

Post, p. 838. 63 Stat. 918. 29 USC 212.

PUBLIC LAW 89-601-SEPT. 23, 1966

[80 STAT.

employer's immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than thirteen weeks during the preceding calendar year, (D) if such employee (other than an^ employee described in clause (C) of this subsection)(i) is sixteen years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over age sixteen are paid on the same farm, or (E) if such employee is principally engaged in the range production of livestock; or". ^'^^ Section 13(a) (16) of such Act (agricultural employees employed in livestock auctions) is repealed, (c) Section 13(b) of such Act is amended— (A) by striking out the period at the end of paragraph (11) and inserting in lieu thereof "; or", and (B) by adding at the end of paragraph (11) the following new paragraphs: "(12) any employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a sharecrop basis, and which are used exclusively for supply and storing of water for agricultural purposes; or " (13) any employee with respect to his employment in agriculture by a farmer, notwithstanding other employment of such employee in connection with livestock auction operations in which such farmer is engaged as an adjunct to the raising of livestock, either on his own account or in conjunction with other farmers, if such employee (A) is primarily employed during his workweek in agriculture by such farmer, and (B) is paid for his employment in connection with such livestock auction operations at a wage j-a^^g j^Q^ Iggg than that prescribed by section 6(a)(1); or". ^^^ Section 13(c) of such Act is amended to read as follows: " (c)(1) Except as provided in paragraph (2), the provisions of section 12 relating to child labor shall not apply with respect to any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed. "(2) The provisions of section 12 relating to child labor shall apply to an employee below the age of sixteen employed in agriculture in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children below the age of sixteen, except where such employee is employed by his parent or by a person standing in the place of his parent on a farm owned or operated by such parent or person. "(3) The provisions of section 12 relating to child labor shall not apply to any child employed as an actor or performer in motion pictures or theatrical productions, or in radio or television productions." AGRICULTURAL PROCESSING EMPLOYEES

Repeals.

gjj^ 204. (a) Sections 13(a) (10) (employees engaged in handling and processing of agricultural, horticultural, and dairy prod-

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PUBLIC LAW 89-601-SEPT. 23, 1966

nets); 13(a) (17) (country elevator employees); 13(a) (18) (cotton ginning employees); and 13(a) (22) (fruit and vegetable transportation employees) of such Act are repealed. (b) Section 13(b) of such Act is amended by adding after paragraph (13) (added by section 203(c) of this Act) the following new paragraphs: "(14) any employee employed within the a,rea of production (as defined by the Secretary) by an establishment commonly recognized as a country elevator, including such an establishment which sells products and services used in the operation of a farm, if no more than five employees are employed in the establishment in such operations; or "(15) any employee engaged in ginning of cotton for market, in any place of employment located in a county where cotton is grown in commercial quantities, or in the processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap, into sugar (other than refined sugar) or syrup; or "(16) any employee engaged (A) in the transportation and preparation for transportation of fruits or vegetables, whether or not performed by the farmer, from the farm to a place of first processing or first marketing within the same State, or (B) in transportation, whether or not performed by the farmer, between the farm and any point within the same State of persons employed or to be employed in the harvesting of fruits or vegetables; or". (c) Subsection (c) of section 7 of such Act is amended to read as > ' L

'•

'

follows: " (c) For a period or periods of not more than ten workweeks in the aggregate in any calendar year, or fourteen workweeks in the aggregate in the case of an employer who does not qualify for the exemption in subsection (d) of this section, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection if such employee (1) is employed by such employer in an industry found by the Secretary to be of a seasonal nature, and (2) receives compensation for employment by such employer in excess of ten hours in any workday, or for employment by such employer in excess of fifty hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. " (d) For a period or periods of not more than ten workweeks in the aggregate in any calendar year, or fourteen workweeks in the aggregate in the case of an employer who does not qualify for the exemption in subsection (c) of this section, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such employee— " (1) is employed by such employer in an enterprise which is in an industry found by the Secretary— " (A) to be characterized by marked annually recurring seasonal peaks of operation at the places of first marketing or first processing of agricultural or horticultural commodities from farms if such industry is engaged in the handling, packing, preparing, storing, first processing, or canning of any perishable agricultural or horticultural commodities in their raw or natural state, or " (B) to be of a seasonal nature and engaged in the handling, packing, storing, preparing, first processing, or canning of any perishable agricultural or horticultural commodities in their raw or natural state, and

835

^3 ^tat. 913. 9Q TTSr" 9 0 7 29 USC 207.

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 836

75^sta\^*'7o^^' 29 USC 207.

PUBLIC LAW 89-601-SEPT. 23, 1966

[80 STAT.

"(2) receives compensation for employment by such employer in excess of ten hours in any workday, or for employment in excess of forty-eight hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed." (d)(1) Subsections (d), (e), (f), (g), and (h) of section 7 of such ^^* ^^® redesignated as subsections (e), (f), (g), (h), and (i), respectively. (2) Subsections (g) and (h) of such section 7 (as so redesignated by paragraph (1) of this subsection) are each amended by striking out "subsection (d) " and inserting in lieu thereof "subsection (e). SMALL NEWSPAPERS

75 Stat. 72. 29 USC 213.

SEC. 205. Section 13(a)(8) of such Act is amended by striking out "where printed and published" and inserting in lieu thereof "where published". TRANSPORTATION

Repeals.

COMPANIES

gj,^. ^OQ. (a) Section 13(a)(9) of such Act is repealed. (b)(1) Section 13(a) (12) of such Act is repealed. (2) Section 13(b) of such Act is amended by adding after paragraph (16) (added by section 204(b) of this Act) the following new paragraph: "(17) any driver employed by an employer engaged in the business of operating taxicabs; or". (c) Section 13(b)(7) of such Act is amended to read as follows: "(7) any driver, operator, or conductor employed by an employer engaged in the business of operating 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; or". MOTION PICTURE THEATER EMPLOYEES

SEC. 207. Section 13(a) of such Act is amended by inserting after paragraph (8) the following new paragraph in lieu of the paragraph repealed by section 206(a) of this Act: "(9) any employee employed by an establishment which is a motion picture theater; or". LOGGING CREWS

Post, p. 838.

g j ^ 208. Section 13(a) (15) of such A.ct is amended by striking out "twelve" and inserting in lieu thereof "eight". AUTOMOBILE, AIRCRAFT, A N D FARM I M P L E M E N T SALES ESTABLISHMENTS

Repeal.

Q^ 209. (a) Section 13(a) (19) of such Act is repealed. (b) Section 13(b) of such Act is amended hj inserting after paragraph (9) the following new paragraph in lieu of the paragraph repealed by section 212(a) of this Act: " (10) any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers; or".

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PUBLIC LAW 89-601-SEPT. 23, 1966

837

FOOD SERVICE A N D BOWLING ESTABLISHMENT EMPLOYEES

SEC. 210. (a) Section 13(a) (20) of such Act is repealed. (b) Section 13(b) of such Act is amended by adding after paragraph (17) (added by section 206(b)(2) of this Act) m e following new paragraphs: "(18) any employee of a retail or service establishment who is employed primarily in connection with the preparation or offering of food or beverages for human consumption, either ion the premises, or by such services as catering, banquet, box lunch, or curb or counter service, to the public, to employees, or to members or guests of members of clubs; or "(19) any employee of a bowling establishment if such employee receives compensation for employment in excess of fortyeight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed."

f^stlu 73 29 USC 213.

GASOLINE SERVICE STATIONS

SEC.

211. Section 13(b)(8) of such Act is repealed.

^^P^^I-

PETROLEUM DISTRIBUTION EMPLOYEES

212. (a) Section 13(b) (10) of such Act is repealed. (b) Section 7(b)(3) of such Act is amended to read as follows: " (3) by an independently owned and controlled local enterprise (including an enterprise with more than one bulk storage establishment) engaged in the wholesale or bulk distribution of petroleum products if— " (A) the annual gross volume of sales of such enterprise is less than $1,000,000 exclusive of excise taxes, " (B) more than 75 per centum of such enterprise's annual dollar volume of sales is made within the State in which such enterprise is located, and " (C) not more than 25 per centum of the annual dollar volume of sales of such enterprise is to customers who are engaged in the bulk distribution of such products for resale, and such employee receives compensation for employment in excess of forty hours in any workweek at a rate not less than one and one-half times the minimum wage rate applicable to him under section 6,".

SEC.

ENIWETOK A N D K W A J A L E I N ATOLLS A N D JOHN S TO N

^^P^^I-

^3 sta^ 9^13.

^°^^ p- s^s.

ISLAND

SEC. 213. Section 13(f) of such Act is amended by striking out "and the Canal Zone" ana inserting in lieu thereof "Eniwetok Atoll; Kwa jalein Atoll; Johnston Island; and the Canal Zone".

29 u*sc 2^^^

E L E M E N T A R Y A N D SECONDARY SCHOOL TEACHERS A N D SCHOOL ADMINISTRATIVE PERSONNEL

SEC. 214. Section 13(a)(1) of such Act is amended by inserting after "professional capacity" the following: " (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools)". TECHNICAL A N D CONFORMING

75 Stat. 71.

AMENDMENTS

SEC. 215. (a) Section 3(n) of such Act is amended by striking out ", except as used in subsection (s)(1),".

29 USC 203. "*"'*' P' *^^'

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 838 29 USC* 2^^3

PUBLIC LAW 89-60 USEPT. 23, 1966

[80 STAT.

^^) Section 13(a) of such Act is amended— (1) by redesignating paragraphs (11), (13), (14), (16), and (21) as paragraphs (10), (11), (12), (13), and (14), respectively, and (2) by striking out "; or" at the end of paragraph (14) (as so redesignated in this subsection) and inserting in lieu thereof a period. (c) Paragraph (7) of section 13(a) of such Act is amended by striking out "or order" and inserting in lieu thereof ", order, or certificate". TITLE III—INCREASE IN MINIMUM WAGE PRESENTLY COVERED EMPLOYEES

52 Stat. 1062; ^^29 USC^206.

SEC. 301. (a) Section 6(a) of such Act is amended by amending tl^^t portion of the section preceding paragraph (2) to read as follows: " (a) Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wa^es at the following rates: "(1) not less than $1.40 an hour during the first year from the effective date of the Fair Labor Standards Amendments of 1966 and not less than $1.60 an hour thereafter, except as otherwise provided in this section;", (b) Such section is amended by striking out the period at the end of paragraph (3) and inserting a semicolon, and by adding the following new paragraph: " (4) if such employee is employed as a seaman on an American vessel, not less than the rate which will provide to the employee, for the period covered by the wage payment, wages equal to compensation at the hourly rate prescribed by paragraph (1) of this subsection for all hours during such period when he was actually on duty (including periods aboard ship when the employee was on watch or was, at the direction of a superior officer, performing work or standing by, but not including offduty periods which are provided pursuant to the employment agreement); or". AGRICULTURAL EMPLOYEES

SEC. 302. Section 6(a) of such Act is amended by adding after paragraph (4) (added by section 301(b) of this Act) the following new paragraph: "(5) if such employee is employed in agriculture, not less than $1 an hour during the first year from the effective date of the Fair Labor Standards Amendments of 1966, not less than $1.15 an hour during the second year from such date, and not less than $1.30 an hour thereafter." N E W L Y COVERED EMPLOYEES

SEC. 303. Section 6(b) of such Act is amended to read as follows: " (b) Every employer shall pay to each of his employees (other than an employee to whom subsection (a)(5) applies) who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who m such workweek is brought within the purview of this section by the amendments made to this Act by

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PUBLIC LAW 89-601-SEPT. 23, 1966

839

the F a i r Labor Standards Amendments of 1966, wages at the following rates: "(1) not less than $1 an hour during the first year from the effective date of such amendments, " (2) not less than $1.15 an hour during the second year from such date, "(3) not less than $1.30 an hour during the third year from such date, "(4) not less than $1.45 an hour during the fourth year from such date, and "(5) not less than $1.60 an hour thereafter." EMPLOYEES

IN

PUEKTO RICX3 A N D THE

VIRGIN

ISLANDS

Stat. 67. SEC. 304. Section 6(c) of such Act is amended to read as follows: 75 USC 206. 29 "(c)(1) The rate or rates provided by subsections (a) and (b) of this section shall be superseded in the case of any employee in Puerto '*"'^' ^' ^'^' Rico or the Virgin Islands only for so long as and insofar as such employee is covered by a wage order heretofore or hereafter issued by the Secretary pursuant to the recommendations of a special industrv committee appointed pursuant to section 5. 29 USC 205. " (2) In the case of any such employee who is covered by such a wage order and to whom the rate or rates prescribed by subsection (a) would otherwise apply, the following ra;tes shall apply: " (A) The rate or rates applicable under the most recent wage order issued by the Secretary prior to the effective date of the F a i r Labor Standards Amendments of 1966, increased by 12 per centum, unless such rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee appointed under paragraph (C). Such rate or rates shall become effective sixty days after the effective date of the F a i r Labor Standards Amendments of 1966 or one year from the effective date of the most recent wage order applicable to such employee theretofore issued by the Secretary pursuant to the recommendations of a special industry committee appointed under section 5, whichever is later. " (B) Beginning one year after the applicable effective date under paragraph (A), not less than the rate or rates prescribed by paragraph (A), increased by an amount equal to 16 per centum of the rate or rates applicable under the most recent wa^e order issued by the Secretary prior to the effective date of the F a i r Labor Standards Amendments of 1966, unless such rate or rates are superseded by the rate or rates prescribed in a wage order issued by the Secretary pursuant to the recommendations of a review committee appointed under paragraph (C). " (C) Any employer, or group of employers, employing a maj ority of the employees in an industry in Puerto Rico or the Virgin Islands, may apply to the Secretary in writing for the appointment of a review committee to recommend the minimum rate or rates to be paid such employees in lieu of the rate or rates provided by paragraph (A) or (B^. Any such application with respect to any rate or rates provided for under paragraph (A) shall be filed within sixty days following the enactment of the F a i r Labor Standards Amendments of 1966 and any such application with respect to any rate or rates provided for under paragraph (B) shall be filed not more than one hundred and twenty days and not less than sixty days prior to the effective date of the applicable rate or rates under paragraph (B). The Secretary shall promptly consider such application and may appoint a

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 840

Ante, p. 8 38.

g^^ Stat. 911, 29 USC 205, 208-

PUBLIC LAW 89-601-SEPT. 23, 1966

[80 STAT.

review committee if he has reasonable cause to believe, on the basis of financial and other information contained in the application, that compliance with any applicable rate or rates prescribed by paragraph ('A) or (B) will substantially curtail employment in such industry. The Secretary's decision upon any such application shall be final. Any wage order issued pursuant to the recommendations of a review committee appointed under this paragraph shall take effect on the applicable effective date provided in paragraph (A) or (B). " (D) I n the event a wage order has not been issued pursuant to the recommendation of a review committee prior to the applicable effective date under paragraph (A) or (B), the applicable percentage increase provided by any such paragraph shall take effect on the effective date prescribed therein, except with respect to the employees of an employer who filed an application under paragraph (C) and who files with the Secretary an undertaking with a surety or sureties satisfactory to the Secretary for payment to his employees of an amount sufficient to compensate such employees for the difference between the wages they actually receive and the wages to which they are entitled under this subsection. The Secretary shall be empowered to enforce such undertaking and any sums recovered by him shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to the employee or employees affected. Any such sum not paid to an employee because of inability to do so within a period of three years shall be covered into the Treasury of the United States as miscellaneous receipts. "(3) I n the case of any such employee to whom subsection (a)(5) ^j. subsection (b) would otherwise apply, the Secretary shall within sixty days after the effective date of the F a i r Labor Standards Amendments of 1966 appoint a special industry committee in accordance with section 5 to recommend the highest minimum wage rate or rates in accordance with the standards prescribed by section 8, but not in excess of the applicable rate provided by subsection (a)(5) or subsection (b), to be applicable to such employee in lieu of the rate or rates prescribed by subsection (a)(5) or subsection (b), as the case may be. The rate or rates recommended by the special industry committee shall be effective with respect to such employee upon the effective date of the wage order issued pursuant to such recommendation but not before sixty days after the effective date of the Fair Labor Standards Amendments of 1966. «^4^ 'pj^g provisions of section 5 and section 8, relating to special industry committees, shall be applicable to review committees appointed under this subsection. The appointment of a review committee shall be in addition to and not in lieu of any special industry committee required to be appointed pursuant to the provisions of subsection (a) of section 8^ except that no special industry committee shall hold any hearing within one year after a minimum wage rate or rates for such industry shall have been recommended to the Secretary by a review committee to be paid in lieu of the rate or rates provided for under paragraph (A) or (B). The minimum wage rate or rates prescribed by this subsection shall be in effect only for so long as and insofar as such minimum wage rate or rates have not been superseded by a wage order fixing a higher minimum wage rate or rates (but not in excess of the applicable rate prescribed in subsection (a) or subsection (b)) hereafter issued by the Secretary pursuant to the recommendation of a special industry committee."

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PUBLIC LAW 89-601-SEPT. 23, 1966

841

CONTRACT SERVICES TO FEDERAL GOVERNMENT

SEC. 305. Section 6 of such Act is amended by adding at the end 340"'^' ^^" *^^' thereof the following new subsection: "(e)(1) Notwithstanding the provisions of section 13 of this Act (except subsections (a)(1) and (f) thereof), every employer providing any contract services (other than linen supply services) under a contract with the United States or any subcontract thereunder shall pay to each of his employees whose rate of pay is not governed by the Service Contract Act of 1965 (41 U.S.C. 361-357) or to whom subsec- ^^^f^^^t. 1034. tion (a)(1) of this section is not applicable, wages at rates not less "'^' P- ^^8. than the rates provided for in subsection (b) of this section. "(2) Notwithstanding the provisions ot section 13 of this Act ^"'e-PP-833, (except subsections (a)(1) and (f) thereof) and the provisions of *^*' the Service Contract Act of 1965, every employer in an establishment providing linen supply services to the United States under a contract with the United States or any subcontract thereunder shall pay to each of his employees in such establishment wages at rates not less than those prescribed in subsection (b), except that if more than 50 per centum of the gross annual dollar volume of sales made or business done by such establishment is derived from providing such linen supply services under any such contracts or subcontracts, such employer shall pay to each of his employees in such establishment wages at rates not less than those prescribed in subsection (a)(1) of this section." 1 FEDERAL EMPLOYEES

S E C 306. Section 18 of such Act is amended by inserting " (a) " " use 2?8.^' immediately after " SEC. 18." and by adding at the end thereof the following new subsection: " (b) Notwithstanding any other provision of this Act (other than section 13(f)) or any other law, any employee— ^"'^' P- ^37. "(1) described in paragraph (7) of section 202 of the Classification Act of 1949 (5 U.S.C. 1082(7)) whose compensation is 68 Stat. 1 106. required to be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates, and any Federal employee in the Canal Zone engaged in employment of the kind described in such paragraph (7), or "(2) described in section 7474 of title 10, U n i t ^ States Code, 70A Stat. 463. whose rates of wages are established to conform, as nearly as is consistent with the public interest, with those of private establishments in the immediate vicinity, or "(3) employed in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, shall have his basic compensation fixed or adjusted at a wage rate which is not less than the appropriate wage rate provided for in section 6 (a)(1) of this Act (except that the wage rate provided for in section 6(b) shall apply to any employee who performed services during the workweek m a work place within the Canal Zone), and shall have his overtime compensation set at an hourly rate not less than the overIntra. time rate provided for in section 7(a)(1) of this Act." TITLE IV—APPLICATION O F MAXIMUM HOURS PROVISIONS PRESENTLY A N D N E W L Y COVERED EMPLOYEES

SEC. 401. Section 7(a) of such Act is amended to read as follows: 75^stat?*69^' ^' " (a)(1) Except as otherwise provided in this section, no employer 29 USC 207. shall employ any of his employees who in any workweek is engaged in

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PUBLIC LAW 89-601-SEPT. 23, 1966

[80 STAT.

commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. "(2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this Act by the F a i r Labor Standards Amendments of 1966— " (A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966, " (B) for a workweek longer than forty-two hours during the second year from such date, or " (C) for a workweek longer than forty hours after the expiration of the second year from such date, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed." COMMISSION

SALESMAN

SEC. 402. Subsection (i) of section 7 of such Act (as so redesignated by section 204(d) of this Act) is amended by adding at the end thereof the following new sentence: " I n determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee." HOSPITAL

EMPLOYEES

SEC. 403. Section 7 of such Act is amended by adding after subsection (i) of such section (as so redesignated by section 204(d)(1) of this Act) the following new subsection: "(j) No employer engaged in the operation of a hospital shall be deemed to have violated subsection (a) if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed." TITLE V—STUDENTS AND H A N D I C A P P E D WORKERS STUDENTS A N D H A N D I C A P P E D WORKERS

" f*ci." oPf*•

SEC. 501. Section 14 of such Act is amended to read as follows: "LEARNERS,

APPRENTICES, STUDENTS, AND HANDICAPPED

WORKERS

"SEC. 14. (a) The Secretary of Labor, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations or by orders provide for the employment of learners, of apprentices, and of messengers employed primarily in delivering

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843

letters and messages, under special certificates issued pursuant to regulations of the Secretary, at such wages lower than the minimum wage applicable under section 6 and subject to such limitations as to time, „/*j"'*' ^^' ^^®' number, proportion, and length of service as the Secretary shall prescribe. " (b) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulation or order provide for the employment of full-time students, regardless of age but in compliance with applicable child labor laws, on a part-time basis in retail or service establishments (not to exceed twenty hours in any workweek) or on a part-time or a full-time basis in such establishments during school vacations, under special certificates issued pursuant to regulations of the Secretary, at a wage rate not less than 85 per centum of the minimum wage applicable under section 6, except that the proportion of student hours of employment to total hours of employment of all employees in any establishment may not exceed (1) such proportion for the corresponding month of the twelve-month period preceding May 1, 1961, (2) in the case of a retail or service establishment wnose employees (other than employees engaged in commerce or in the production of goods for commerce) are covered by this Act for the first time on or after the effective date of the Fair Labor Standards Amendments of 1966, such proportion for the corresponding month of the twelve-month period immediately prior to such date, or (3) in the case of a retail or service establishment coming into existence after May 1, 1961, or a retail or service establishment for which records of student hours worked are not available, a proportion of student hours of employment to total hours of employment of all employees based on the practice during the twelve-month period preceding May 1, 1961, in (A) similar establishments of the same employer in the same general metropolitan area in which the new establishment is located, (B) similar establishments of the same employer in the same or nearby counties if the new establishment is not in a metropolitan area, or (C) other establishments of the same general character operating in the community or the nearest comparable community. Before the Secretary may issue a certificate under this subsection he must find that such employment will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under this subsection. "(c) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by certificate or order provide for the employment of full-time students, regardless of age but in compliance with applicable child labor laws, on a parttime basis in agriculture (not to exceed twenty hours in any workweek) or on a part-time or a full-time basis in agriculture during school vacations, at a wage rate not less than 85 per centum of the minimum wage applicable under section 6. Before the Secretary may issue a certificate or order under this subsection he must find that such employment will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under this subsection. " (d)(1) Except as otherwise provided in paragraphs (2) and (3) of this suDsection, the Secretary of Labor, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulation or order provide for the employment under special certificates of individuals (including individuals employed in agriculture) whose earning or productive capacity is impaired by age or physical or mental deficiency or injury, at wages which are lower than the minimum wage applicable under section 6 of this Act but not less

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84"^"'®' ^^" *^*' "Work activicen ers.

PUBLIC LAW 89-601-SEPT. 23, 1966

[80 STAT.

than 50 per centum of such wage and which are commensurate with those paid nonhandicapped workers in industry in the vicinity for essentially the same type, quality, and quantity of work. "(2) The Secretary, pursuant to such regulations as he shall prescribe and upon certification of the State agency administering or supervising the administration of vocational rehabilitation services, may issue special certificates for the employment of— " (A) handicapped workers engaged in work which is incidental to training or evaluation programs, and " (B) multihandicapped individuals and other individuals whose earning capacity is so severely impaired that they are unable to engage in competitive employment, at wages which are less than those required by this subsection and which are related to the worker's productivity. " (3)(A) The Secretary may by regulation or order provide for the employment of handicapped clients in work activities centers under special certificates at wages which are less than the minimums applicable under section 6 of this Act or prescribed by paragraph (1) of this subsection and which constitute equitable compensation for such clients in work activities centers. " (B) For purposes of this section, the term 'work activities cen^^^^, gj^^jj meau ceuters planned and designed exclusively to provide therapeutic activities for handicapped clients whose physical or mental impairment is so severe as to make their productive capacity inconsequential." TITLE VI—MISCELLANEOUS STATUTE OF L I M I T A T I O N S

29 us^c 216^' 61 Stat. 87. 29 USC 255

^^^' ^^^' (^) Section lG(c) of such Act is amended by striking out "two-year statute" and by inserting in lieu thereof "statutes". (b) Section 6(a) of the Portal-to-Portal Act of 1947 (Public Law 49, Eightieth Congress) is amended by inserting before the semicolon at the end thereof the following: ", except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued". EFFECTIVE DATE

SEC. 602. Except as otherwise provided in this Act, the amendments made by this Act shall take effect on February 1, 1967. On and after the date of the enactment of this Act the Secretary is authorized to promulgate necessary rules, regulations, or orders with regard to the amendments made by this Act. STUDY OF EXCESSIVE OVERTIME

cfn^°/ss!°

SEC. 603. The Secretary of Labor is hereby instructed to commence immediately a complete study of present practices dealing with overtime payments for work in excess of forty hours per week and the extent to which such overtime work impedes the creation of new job opportunities in American industry. The Secretary is further instructed to report, to the Congress by July 1, 1967, the findings of such survey with appropriate recommendations. CANAL ZONE E M P L O Y E E S A N D P A N A M A C A N A L STUDY

SEC. 604. The Secretary of Labor, in cooperation with the Secretary of Defense and the Secretary of State, shall (1) undertake a study

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PUBLIC LAW 89.602-SEPT. 24, 1966

with respect to (A) wage rates payable to Federal employees in the Canal Zone engaged in employment of the kind described in paragraph (7) of section 202 of the Classification Act of 1949 (5 U.S.C. 1082(7)) and (B) the requirements of an effective and economical operation of the Panama Canal, and (2) report to the C o n f e s s not later than July 1, 1968, the results of his study together with such recommendations as he may deem appropriate.

68 Stat.:l 106. Report to Congress.

STUDY o r WAGES P A I D H A N D I C A P P E D C L I E N T S IN" SHELTERED W O R K S H O P S

SEC. 605. The Secretary of Labor is hereby instructed to commence immediately a complete study of wage payments to handicapped clients of sheltered workshops and of the feasibility of raising existing wage standards in such workshops. The Secretary is further instructed to report to the Congress by July 1, 1967, the findings of such study with appropriate recommendations.

Report to Congress.

P R E V E N T I O N OF D I S C R I M I N A T I O N BECAUSE OF AGE

SEC. 606. The Secretary of Labor is hereby directed to submit to the Congress not later than January 1, 1967 his specific legislative recommendations for implementing the conclusions and recommendations contained in his report on age discrimination in employment made pursuant to section 715 of Public Law 88-362. Such legislative recommendations shall include, without limitation, provisions specifying appropriate enforcement procedures, a particular administering agency, and the standards, coverage, and exemptions, if any, to be included in the proposed enactment. Approved September 23, 1966.

Re Comme ndat i o n s to Congress.

78 Stat. 26 5. 42 USC 2000e14.

Public Law 89-602 AN ACT September 24, 1966 To d e s i g n a t e the d a m b e i n g c o n s t r u c t e d on the Allegheny R i v e r, P e n n s y l v a n i a, [ s. 3625] a s the "Kinzua D a m ", and the lake to be formed by such d a m in Pennsylvania and New Y o r k a s the " A l l e g h e n y R e s e r v o i r ".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the dam being constructed by the Corps of Engineers, United States Army, on the Allegheny River in Warren County, Pennsylvania, authorized by the Flood Control Act of June 22, 1936 (Public Law 74-738), shall be known and designated hereafter as the "Kinzua Dam", and the lake formed by such dam in Warren and McKean Counties, Pennsylvania, and Cattaraugus County, New York, shall be known and designated as "Allegheny Reservoir". SEC. 2. Any law, regulation, document, or record of the United States in which such dam and reservoir are designated or referred to shall be held to refer to such dam and reservoir under and by the names of "Kinzua Dam", and "Allegheny Reservoir". Approved September 24, 1966.

65-300 0-67—56

Kinzua Dam. Allegheny R e s erve ir. Designation. 49 Stat. 1570.

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PUBLIC LAW 89-603-SEPT. 24, 1966

[80 STAT.

Public Law 89-603 September 24, 1966 [H. R. 11488]

Medical Service Corps. Brigadier gene r a l, authorization. 70A Stat. 168.

AN ACT To authorize the grade of brigadier general in the Medical Service Corps of the Regular Army, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 10, United States Code, is amended as follows: (1) By striking out section 3068 and inserting the following new section in place thereof: "§ 3068. Medical Service Corps: organization; Chief and assistant chiefs "There is a Medical Service Corps in the Army. The Medical Service Corps consists of— "(1) the Chief of the Medical Service Corps, who shall be appointed by the Secretary of the Army from among the officers of the Medical Service Corps whose regular grade is above captain; "(2) the assistant chiefs of the Medical Service Corps, who shall be designated by the Surgeon General from officers in that Corps and who shall be his consultants on activities relating to their sections; "(3) commissioned officers of the Regular Army appointed therein; " (4) other members of the Army assigned thereto by the Secretary of the Army; and "(5) the following sections— " (a) the Pharmacy, Supply, and Administration Section; " (b) the Medical Allied Sciences Section; "(c) the Sanitary Engineering Section; " (d) the Optometry Section; and "(e) other sections considered necessary by the Secretary of the Army." (2) Section 3210 is amended by adding the following new subsection at the end thereof: "(e) The authorized strength of the Medical Service Corps in general officers on the active list of the Regular Army is one commissioned officer in the regular grade of brigadier general." Approved September 24, 1966.

Public Law 89-604 September 26, 1966 [H. R. 6686]

U.S. Botanic Garden. Retirement of employees. 70 Stat. 743; 78 Stat. 8. Coverage.

AN ACT To amend the Civil Service Retirement Act in order to correct an inequity in the application of such Act with respect to the United States Botanic Garden, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhted, That (a) section 1(c) of the Civil Service Retirement Act, as amended (5 LT.S.C. 2251(c)), is amended by inserting "an officer or employee of the United States Botanic Garden," immediately following "the Architect of the Capitol and the employees of the Architect of the Capitol,". (b) Section 2(c) of such Act, as amended (5 U ^. C. 2252(c)), is amended by inserting "and officers and employees of the United States

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847

Botanic Garden" immediately following '^the employees of the Architect of the Capitol". (c) Section 2(f) of such Act, as amended (5 U.S.C. 2'252(f)), is amended by striking out "; and the Architect of the Capitol and the Librarian of Congress are authorized to exclude from the operation of this Act any employees under the office of the Architect of the Capitol and the Library of Congress, respectively, whose tenure of employment is temporary or of uncertain duration." and inserting in lieu thereof "; and the Architect of the Capitol, the Librarian of Congress, and the Director or Acting Director of the United States Botanic Garden are authorized to exclude from the operation of this Act any employees under the office of the Architect of the Capitol, the Library of Congress, and the United States Botanic Garden, respectively, whose tenure of employment is temporary or of uncertain duration.". Limitation SEC. 2. The provisions under the heading "CIVIL SERVICE KETIRE- applicable. not MENT AND DISABILITY F U N D " in title I of the Independent Offices Appropriation Act, 1959 (72 Stat. 1064; Public Law 85-844), shall ^^s use 2257 not apply with respect to benefits resulting from the enactment of "° ^' this Act. SEC. 3. The amendments made by the first section of this Act shall not apply in the case of officers and employees retired or otherwise separated prior to the date of enactment of this Act. The rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted. Approved September 26, 1966. Public Law 89-605 AN ACT

September 26, 1966

To direct the Secretary of Interior to cooperate with the States of New York and New Jersey on a program to develop, preserve, and restore the resources of the Hudson River and its shores and to authorize certain necessary steps to be taken to protect those resources from adverse Federal actions until the States and Congress shall have had an opportunity to act on that program.

[H. R. 13508]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress g^g^n^"" ^^"^^ hereby finds and declares that the Hudson River Basin contains compact. I'esources of immense economic, natural, scenic, historic, and recreation value to all the citizens of the United States; that the States of New York and New Jersey (hereinafter referred to as the "States") are now working toward a joint program to develop, preserve, and restore the resources of the Hudson River.and have requested the aid and participation of the Federal Government; that it is in the best interests of the citizens of the United States that the Federal Government lend aid and assistance to the States, their political subdivisions, and agencies in developing a compact to assure the development, preservation,.and restoration of the natural^ scenic, historic, and recreational resources of the Hudson River Basin; and that it is the sense of the Congress that Federal departments and agencies should, insofar as possible, consider the effect of projects or actions upon achievement of the objectives of this Act until the compact has been acted upon by the States and the Federal Government. SEC. 2. As used in this Act, the term— Definitions, (a) "The Hudson River" means the Hudson River and its tributaries from their source to the mouth of the Lower Bay.

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Presfdent?

co^g^res*s!°

Consultations.

[80 STAT.

(b) "The Hudson River Basin" means the Hudson River and those parts of the States of New York, New Jersey, Vermont, Massachusetts, and Connecticut within and from which water naturally drains into the Hudson River. (c) "The Pludson Riverway" means the Hudson River and related land. SEC. 3. The consent of the Congress is hereby given to the States of New York and New Jersey and, if they or any of them wish to participate, the States of Vermont, Massachusetts and Connecticut to negotiate with each other and with the United States for the purpose of entering into a compact relating to the preservation, restoration, utilization and development of the natural, scenic, historic, and recreational resources of those portions of the Hudson River Basin which lie withiu the bouudaries of the participating States. The Secretary of the Interior shall serve as the representative of the United States in such negotiations, shall consult with the heads of other Federal agencies concerned, and shall make a, report to the President on the negotiations and on such terms of a compact as may have been agreed to by the negotiators not later than July 1, 1968, and may include in said report his recommendations concerning the matters covered therein or omitted therefrom. The Secretary's report shall include his recommendations concerning the need for and the preparation of a comprehensive plan and standards for carrying out the purposes of this Act and for enforcement of the terms of the compact. The President shall transmit the report to the Congress together with such recommendations as he may deem appropriate. No compact negotiated pursuant to this Act shall be binding or obligatory upon any of the parties thereto unless and until the same shall have been ratified by the States of New York and New Jersey and by any other State to which its terms apply and consented to or approved by an Act of Congress. SEC. 4. I n the negotiation of the compact consideration shall be given to: (a) the need to encourage all beneficial uses of the lands and waters of the Hudson Riverway including, but not limited to, commercial, industrial, and other economic development consistent with the preservation and rehabilitation of the natural, scenic, historical, and recreational resources of the Hudson Riverway; (b) the need to encourage and support local and State autonomy and initiative in planning and action to develop, preserve, and restore the land and waters of the Hudson Riverway, insofar as such planning and action is consistent with comprehensive development, preservation, and restoration of the natural, scenic, historic, and recreation resources of the Hudson Riverway; (c) the need to abate water pollution, protect clean water, and develop the water resources of the Hudson Riverway for beneficial use; (d) the need to preserve, enhance, and rehabilitate the scenic beauty of the Hudson Riverway; (e) the need to preserve, enhance, and develop archeological and historic sites, shrines, or structures along the Hudson Riverway; and (f) the need to protect and enhance the fish and wildlife and other natural resources of the Hudson Riverway. g j ^ 5 jj^ order to avoid, insofar as possible, decisions or actions by any department, agency, or instrumentality of the United States which could unfavorably affect or alter any resource of the Hudson Riverway having substantial natural, scenic, historic, or recreational

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STAT.]

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849

value until such time as the States and the United States shall have had an opportunity to negotiate a compact, all departments, agencies, and instrumentalities of the United States shall consult with the Secretary concerning any plans, programs, projects, and grants under their jurisdiction within or affecting the Hudson Eiverway. Any Federal department, agency, or instrumentality before which there is pending an application for a license for an activity which may affect the resources of the Hudson Eiverway shall notify the Secretary and, before taking final action on such application, shall allow the Secretary ninety days to present his views on the matter. These requirements shall not apply to any applicant for a license which was pending and being actively pursued on July 1, 1966, and shall cease to apply three years after the date of this Act, or whenever a compact has been consented to or approved by the Congress, whichever occurs first. Approved September 26, 1966.

Public Law 89-606 AN ACT To amend title 10, United States Code, to increase the authorized nvuiibers for the grade of major, lieutenant colonel, and colonel in the Air Force in order to provide active duty promotion opportunities for certain oflScers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, beginning with the date of enactment of this Act through June 30, 1972, the columns under the headings "For colonels" and "For lieutenant colonels" contained in the table in section 8202(a) of title 10, United States Code, are suspended. For such period such columns shall read as follows: "For colonels 3, 500 3, 859

For lieutenant colonels 6, 500 7, 706

4, 218 4, 577

8, 911 10,116

4, 936 5, 295 5, 654 6, 013 6, 372 6, 730 7, 089 7, 449 7, 807 8,166

11, 321 12, 527 13, 732 14, 937 16,142 17, 348 18, 533 19, 758 20, 963 22,169".

SEC. 2. For a period of six years after the effective date of this Act, the authorized strengths prescribed by section 8202 of title 10, United States Code, may be exceeded (1) by 1,000 for the grade of lieutenant colonel; and (2) by the following numbers for the grade of major: Fiscal years following enactment: First Second ThirdFourth Fifth Sixth

Number to exceed

authorized strength 9,500 7,917 6,334 4,751 3,168 1,585

However, the authority to exceed the authorized strengths by 1,000 for the grade of lieutenant colonel, and 1,500 for the grade of major authorized by this section may be used only in the event that drastic reductions or increases in the authorized strength of the commissioned

September 26, 1966 [H.R. 15005]

Armed Forces. Air Force offiers, increase.

70A Stat. 498.

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Notice to Congress.

PUBLIC LAW 89-607-SEPT. 27, 1966

[80

STAT.

oiScers on active duty in the Air Force occur within a short period of time and that such changes seriously impede promotions to the grade of major and lieutenant colonel as determined by the Secretary of the Air Force, who shall notify the Committees on Armed Services of the Senate and of the House of Representatives not later than 60 days following the utilization of any of the numbers covered in this sentence. Approved September 26, 1966.

Public Law 89-607 September 27, 1966 [H. R. 3041]

Certain contracts. Examination-ofrecords c l a u s e, exemption. 70 A Stat. 127. 70A Stat. 132; 7 2 Stat. 967; 76 Stat. 529.

Exceptional conditions.

Report to Congress.

65 Stat. 700.

AN ACT To amend title 10, United States Code, to exempt certain contracts with foreign contractors from the requirement for an examination-of-records clause.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 137 of title 10, United States Code, is amended as follows: (1) Section 2310(b) is amended— (A) by striking out the words "or section 2307(c)" and inserting the words "section 2307(c), or section 2313(c)" in place thereof; and (B) by striking out the words "or (4) " and inserting the words " (4) clearly indicate why the application of section 2313(b) to a contract or subcontract with a foreign contractor or foreign subcontractor would not be in the public interest, or (5)". (2) Section 2313 is amended— (A) by striking out the word "Each" in subsection (b) and inserting the words "Except as provided in subsection (c), each" in place thereof; and (B) by adding the following new subsection at the end thereof: "(c) Subsection (b) does not apply to a contract or subcontract with a foreign contractor or foreign subcontractor if the head of the agency determines, with the concurrence of the Comptroller General or his designee, that the application of that subsection to the contract or subcontract would not be in the public interest. However, the concurrence of the Comptroller General or his designee is not required— " (1) where the contractor or subcontractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its books, documents, papers, or records available for examination; and "(2) where the head of the agency determines, after taking into account the price and availability of the property or services from United States sources, that the public interest would be best served by not applying subsection (b). If subsection (b) is not applied to a contract or subcontract based on a determination under clause (2), a written report shall be furnished to the Congress." SEC. 2. Section 304(c) of the Federal Property and Administrative Services Act of 1949, as added by the Act of October 31, 1951, chapter 652 (41 U.S.C. 254(c)), is amended by adding the following new sentences at the end thereof: "Under regulations to be prescribed by the Administrator, however, such clause may be omitted from contracts with foreign contractors or foreign subcontractors if the agency

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PUBLIC LAW 89-608-SEPT. 30, 1966

head determines, with the concurrence of the Comptroller General of the United States or his designee, that the omission will serve the best interests of the United States. However, the concurrence of the Comptroller General of the United States or his designee is not required for the omission of such clause— " (1) where the contractor or subcontractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its books, documents, papers, or records available for examination; and "(2) where the agency head determines, after taking into account the price and availability of the property or services from United States sources, that the public interest would be best served by the omission of the clause. If the clause is omitted based on a determination under clause (2) a written report shall be furnished to the Congress. The power of the agency head to make the determination specified in the preceding sentences shall not be delegable." SEC. 3. Section 3(b) of the Act of August 28, 1958 (50 U.S.C. 1433(b)) is amended by adding the following new sentences at the end thereof: "Under regulations to be prescribed by the President, however, such clause may be omitted from contracts with foreign contractors or foreign subcontractors if the agency head determines, with the concurrence of the Comptroller General of the United States or his designee, that the omission will serve the best interests of the United States. However, the concurrence of the Comptroller General of the United States or his designee is not required for the omission of such clause— (1) where the contractor or subcontractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its books, documents, papers, or records available for examination; and (2) where the agency head determines, after taking into account the price and availability of the property or services from United States sources, that the public interest would be best served by the omission of the clause. If the clause is omitted based on a determination under clause (2), a written report shall be furnished to the Congress." Approved September 27, 1966.

Exceptional conditions.

Report to Congress.

7 2 Stat. 972.

Exceptional conditions.

Report to Congress.

Public Law 89-608 AN ACT

September 30, 1966

To extend the authority for the payment of special allowances to evacuated dependents of members of the uniformed services, and for other purposes.

[H. R. 11979]

Be it enacted by the Senate and House of Representatives of the Uniformed servUnited States of America in Congress assembled, That section 2 of ices. the Act of May 22, 1965, 79 Stat. 117, is amended by striking out 37 USC 405a note. "June 30, 1966" and substituting in lieu thereof "June 30, 1971". SEC. 2. Section 405a(a) of title 37, United States Code, is amended by striking out "from places outside the United States to places inside the United States". Approved September 30, 1966.

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PUBLIC LAW 89-609-SEPT. 30, 1966

[80 STAT.

Public Law 89-609 September 30, 1961_

'• • • ^^^^

Armed Forces. Male n u r s e s,

commissionsr' 71 Stat. 37 5.

71 Stat. 376.

71 Stat. 379.

72^star*i57^o^' 7 2 Stat. 1488.

AN ACT

To amend title 10, United States Code, to authorize the commissioning of male persons in the Regular Army in the Army Nurse Corps, the Army Medical Specialist Corps, the Regular Navy in the Nurse Corps and the Regular Air Force with a view to designation as Air Force nurses and medical specialists, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That title 10, United States Code, is amended as follows: (1) Section 3069 is amended— (A) by striking out the period at the end of the third sentence and the word "She" at the beginning of the fourth sentence and inserting ", and" in place thereof; and (B) by striking out "her regular grade, she" in the fifth sentence and inserting the words "the regular grade held, the Chief" in place thereof. (2) Section 3070(b) is amended— (A) by striking out the period at the end of the second sentence and the word "She" at the beginning of the third sentence and inserting ", and" in place thereof; and (B) by striking out the words "her regular grade, she" in the fourth sentence and inserting the words "the regular grade held, the Chief" in place thereof. (3) Section 3070(c) is amended— (A) by striking out the period at the end of the second sentence and the word "She" at the beginning of the third sentence and inserting ", and" in place thereof; (B) by striking out the word "She" at the beginning of the fourth sentence and inserting the words "An assistant chief" in place thereof; and (C) by amending the fifth sentence to read as follows: "Without vacating the regular grade held, each assistant chief is entitled to the temporary grade of a lieutenant colonel while so serving and ranks above all other lieutenant colonels in the section." (4) Section 3291 is amended— (A) hj striking out the word "women" wherever it appears m subsection (a) and inserting the word "persons" in place thereof; (B) by striking out the word "woman" in subsection (b) and inserting the word "person" in place thereof; and (C) by striking out the word "her" wherever it appears, and the words "that she", in subsection (c). (5) Section 3915(b) is amended to read as follows: "(b) Unless retired or separated at an earlier date, each officer of the Army Nurse Corps.and the Army Medical Specialist Corps whose regular grade is major shall be retired, except as provided by section ^^^ ^^ ^^^^® ^' ^^ ^^^® thirtieth day after completion of 25 years of service computed under section 3927(a) of this title. However, if the officer's name is carried on a list of officers recommended for appointment to the regular grade of lieutenant colonel, the officer shall be retained on the active list while the name is so carried. I n addition, if the authorized strength of the corps concerned in officers on the active list is not exceeded, the Secretary of the Army may retain the officer on the active list until completion of 28 years of service computed under section 3927(a) of this title, in which case the officer

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Page:Ecclesiastical History of Eusebius Pamphilus, 1842.djvu/7

 THE

EUSEBIUS PAMPHILUS,

IN TEN BOOKS.

TRANSLATED FROM THE ORIGINAL,

BY THE REV. C. F. CRUSE, A. M.

PHILADELPHIA.

PUBLISHED BY THE REV. R. DAVIS & BROTHER.

NEW YORK: SWORDS, STANFORD, & CO

1833.


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/889

 80 STAT. ]

PUBLIC LAW 89-609-SEPT. 30, 1966

853

shall be retired, except as provided by section 47a of title 5, on the,7iVc^n^' ,.

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thirtieth day after completion of that service. (6) Section 5140(a) is amended— (A) by striking out the word "she" in the third sentence and inserting the words "the Director" in place thereof; (B) by striking out the word "Her" at the beginning of the fourth sentence and inserting the words "The Director's" in place thereof; and (C) by striking out the word "her" near the end of the fourth sentence. (7) Section 5580(a) is amended by striking out the word "female" at the beginning of the first sentence. (8) Section 5580(b)(1) is amended to read as follows: "(1) ensign, if the person has not reached the age of 27 on the date of nomination by the President and is not qualified for appointment as a lieutenant (junior grade) under clause (2); or" (9) Section 5580(b)(2) is amended to read as follows; "(2) lieutenant (junior grade), if the person is qualified under regulations prescribed by the Secretary and has not reached the age of 30 on the date of nomination by the President." (10) Section 5601 is repealed. (11) Section 5773(c) is amended by striking out the word "her" in the first sentence and inserting the words "the person" in place thereof. (12) Section 5776(d) is amended by striking out the word "she" and inserting the words "the person" in place thereof. (13) Section 5782(d) is amended by striking out the word "her" and inserting the words "the person" in place thereof. (14) Section 5899(e) is amended by striking out the word "she" and inserting the words "the person" in place thereof. (15) Section 6324 is amended by striking out the word "her" wherever it appears and inserting the words "the person's" in place thereof. (16) Section 6377(c) is amended hj striking out the word "she" and inserting the words "the person" in place thereof. (17) Section 6377(d) is amended by striking out the word "she" and inserting the words "the person" in place thereof. (18) Section 6384(c)(3) is amended by striking out the word "her" and inserting the words "the Person's" in place thereof. (19) Section 6384(c)(4) is amended by striking out the word "her" and inserting the words "the person's" in place thereof. (20) Section 6388(d)(1) is amended by striking out the word "her" and inserting the words "the person's" in place thereof. (21) Section 6388(d)(2) is amended by striking out the word "her" and inserting the words "the person's" in place thereof. (22) Section 6395(h)(3) is amended by striking out the word "her" and inserting the words "the person's" in place thereof. (23) Section 6396(a) is amended by striking out the word "she" and inserting the words "the person" in place thereof. (24) Section 6396(b) is amended by striking out the word "she" and inserting the words "the person" in place thereof.

72 Stat. 1570.

7OA Stat. 287.

^2 Stat. 1495. 7i Stat. 333.

72 Stat. 1503. 7°^ ^tat. 394. 71 Stat. 384.

7OA Stat. 407.

^i Stat. 335.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/890

 IB54 jilttTss'!^^''

77 Stat. 214.

72 Stat. 1511. 71 Stat. 386. 71 Stat. 387. ^^70A stat^.^547; 61 Stat. 41.

7/sfat^l89."°'

70A Stat. 494.

PUBLIC LAW 89-60 9L-SEPT. 30, 1966

[80 STAT.

(25) Section 6396(c)(1) is amended— (a) by striking out the words "by her" near the beginning of the sentence; and (b) by striking out the word "her" near the end of the sentence and inserting the words "the person's" in place thereof. ^26) Section 6396(c)(2) is amended— (a) by striking out the words "she would be" near the beginning of the sentence; and (b) by striking out the words "to him" near the middle of the sentence. (27) Section 6397(b) is amended by striking out the word "he" wherever it appears and inserting the words "the person" in place thereof. (28) Section 8287(b) is amended by striking out the word "her" wherever it appears and the words "that she". (29) Section 8299(g) is amended by striking out the words "with which she is entitled to be credited" and inserting the word "creditable" in place thereof. (gQ) Section 8888(2)(D) is amended to read as follows: " (D) For an Air Force nurse or medical specialist, the period of service credited under the Army-Navy Nurses Act of 1947, as amended, or credited under section 8287(b) of this title at the time of appointment^ plus the years of active commissioned service in the Regular Air Force after appointment in the Regular A i r Force." (31) Section 8915 is amended— (A) by amending the catchline to read as follows: "§ 8915. Twenty-five years: female majors except those designated under section 8067(a) - (d) or (g) - (i) of this title; male majors designated under section 8067(e) or (f) of this title"; (B) by inserting the words "and each male officer of the Air Force, designated under section 8067(e) or (f) of this title, whose regular grade is major," before the word "shall" in subsection (a); and (C) by striking out the word "she" in subsections (a) and (b) and inserting the words "that officer" in place thereof. (32) The analysis of chapter 867 is amended by striking out the following item: "8915. Twenty-five years: female majors except those designated under section 8067(a)-(d) or (g)-(i) of this title."

and inserting the following item in place thereof: "891.5. Twenty-five years: female majors except those designated under section 8067 (a) - (d) or (g)-(i) of this title; male majors designated under section 8067(e) or (f) of this title."

72 Stat. 1540.

(33) ggction 8927(a)(4) is amended to read as follows: " (4) For an Air Force nurse or medical specialist, the period of service credited under the Army-Navy Nurses Act of 1947, as amended, or credited under section 8287(b) of this title at the time of appointment^ plus the years of active commissioned service in the Regular Air Force after appointment in the Regular A i r Force." wa1ver"autho*riT^' ^^^- ^* ^ ^ ^ ^^^'^ ycars following the effective date of this Act the waiver au on y. gg^jpei^ary of the Army may waive the provisions of section 3291(a), 71 Stat. 376. ^j^jg iQ^ United States Code, which establish maximum ages for apointment in the Regular Army in the Army Nurse Corps or Army [edical Specialist Corps, with respect to male persons who are otherwise qualified for appointment. Approved September 30, 1966.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/891

 80 STAT. ]

PUBLIC LAW 80-610-SEPT. 30, 1966

855

Public Law 89-610 AN ACT

September 30, 1966

To provide revenue for the District of Columbia, and for other purposes.

[H. R. 11487]

r e it enacted by the Senate and House of Representatives of the District United States of America in Congress assembled, That this Act may be Columbia of Revecited as the "District of Columbia Revenue Act of 1966". iTueAct 0A966. TITLE 1—AMENDMENTS TO THE DISTRICT OF COLUMB I A A L C O H O L I C B E V E R A G E CONTROL ACT SEC. 101. (a) Clauses (4) and (5) of section 23(a) of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25-124 (a)) are each amended by striking out "$1.50" and inserting in lieu ^I\^^T\^^'' thereof "$1.75". 70 Stat. 17. (b) Section"40(a) of such Act (D.C. Code, sec, 25-138(a)) is ^Q%^^^^\^''^' amended by striking out "$1.50" and inserting in lieu thereof "$2.00". SEC. 102. (a) Except as otherwise provided in this title, the amendments made by section 101 shall apply with respect to— (1) alcohol and spirits imported or brought into the District of Columbia or manufactured, and (2) beer sold or purchased for resale, on and after the effective date of this title which shall be the first day Effective date. of the first month which begins on or after the thirtieth day after the date of the enactment of this Act. (b) I n the case of alcohol, spirits, and beer which have been purchased prior to the effective date of this title and which on such date are held by a holder of a retailer's license, issued under the District of Columbia Alcoholic Beverage Control Act, such licensee shall pay D^r^^code^2sto the Commissioners (in accordance with subsection (c)) an amount 102. equal to the difference between the amount of tax imposed by such Act immediately prior to the effective date of this Act on the amount of alcohol, spirits, and beer so held by him, and the amount of tax which would be imposed by the District of Columbia Alcoholic Beverage Control Act on such effective date on an equivalent amount of alcohol, spirits, and beer. (c) Within twenty days after the effective date of this title, each such licensee shall (1) file with the Commissioners a sworn statement (on a form to be prescribed by the Commissioners) showing the quantity of alcohol, spirits, and beer held by him as of the beginning of the day on which this title becomes effective or, if such day is a Sunday, as of the beginning of the following day, and (2) within twenty days after the effective date of this title, pay to the Commissioners the amount specified in subsection (b). (d) Each such licensee shall keep and preserve for the period of twelve months immediately following the effective date of this title the inventories and other records made which form the basis for the information furnished to the Commissioners on the sworn statement required to be filed under this section. (e) For purposes of this section, alcohol, spirits, and beer shall be considered as held by a holder of a retailer's license if title thereto has passed to such holder (whether or not delivery to him has been made) and if title has not at any time been transferred to any person other than such holder. ^ (f) A violation of the provisions of subsections (b), (c), or (d) of this section shall be punishable as provided in section 33 of the District of Columbia Alcoholic Beverage Control Act CD.C. Code, sec. 25-132).

^

4

8

Stat. 336.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/892

 856

PUBLIC LAW 89-610-SEPT. 30, 1966

[80 STAT.

TITLE II—AMENDMENT TO THE DISTRICT OF C O L U M B I A T R A F F I C ACT, 1925 63 Stat. 128. Effective date.

SEC. 201. Subsection (j) of section 6 of the District of Columbia Traffic Act, 1925 (D.C. Code, sec. 40-603(j)) is amended by striking out "2 per centum" and inserting in lieu thereof "3 per centum". SEC. 202. The amendment made by this title shall take effect on the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act. TITLE III — AMENDMENTS TO THE DISTRICT OF COLUMBIA SALES T A X ACT

SEC. 301. (a) Section 125 of the District of Columbia Sales Tax Act 76^stat^*io^^^' (D.C. Code, sec. 47-2602) is amended by striking out "4 per centum" and inserting in lieu thereof "5 per centum". (b) Subsection (c) of section 127 of such Act (D.C. Code, sec. 472604(c)), is amended, by striking out the "4 per centum" and inserting in lieu thereof "5 per centum". Repeal. gj,^ 302. Paragraph (q) of section 128 of such Act (D.C. Code, sec. 63 Stat. 115. 47-2605 (q)), is repealed. Effective date. g^,^ 3Q3 rj,j^^ amendments made by this title shall take effect on the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act. TITLE IV—AMENDMENTS TO DISTRICT O F COLUMBIA CIGARETTE T A X ACT 68 Stat. 115.

63 Stat. 136. D.C. Code 47-

2801 note.

SEC. 401. Subsection (a) of section 603 of the District of Columbia Cigarette Tax Act (D.C. Code, sec. 47-2802(a)), is amended by striking out "2 cents" and inserting in lieu thereof "3 cents". SEC. 402. (a) Except as otherwise provided, the amendment made by section 401 shall apply with respect to cigarette tax stamps purchased on and after the effective date of this title which shall be the first day of the first month which begins on or after the thirtieth day after the date of the enactment of this Act. (b) I n the case of cigarette tax stamps which have been purchased prior to the effective date of this title and which on such date are held (affixed to a cigarette package or otherwise) by a wholesaler, retailer, or vending machine operator, licensed under the District of Columbia Cigarette Tax Act, such licensee shall pay to the Commissioncr (in accordance with subsection (c)) an amount equal to the difference between the amount of tax represented by such tax stamps on the date of their purchase and the amount of tax which an equal number of cigarette tax stamps would represent if purchased on the effective date of this title. (c) Within twenty days after the effective date of this title, each such licensee shall (1) file with the Commissioners a sworn statement (on a form to be prescribed by the Commissioners) showing the number of such cigarette tax stamps held by him as of the beginning of the day on which this title becomes effective or, if such day is a Sunday, as of the beginning of the following day, and (2) within twenty days after the effective date of this title, pay to the Commissioners the amount specified in subsection (b). (d) Each such licensee shall keep and preserve for the period of twelve months immediately following the effective date of this title the inventories and other records made which form the basis for the information furnished to the Commissioners on the sworn statement required to be filed under this section.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/893

 80

STAT.]

PUBLIC LAW 80-610-SEPT. 30, 1966

857

(e) For purposes of this section, a tax stamp shall be considered as held by a wholesaler, retailer, or vending machine operator if title thereto has passed to such wholesaler, retailer, or operator (whether or not delivery to him has been made) and if title to such stamp has not at any time been transferred to any person other than such wholesaler, retailer, or operator. (f) A violation of the provisions of subsections (b), (c), or (d) of this section shall be punishable as provided in section 611 of the District of Columbia Cigarette Tax Act (D.C. Code, sec. 47-2810).

63 Stat. 139.

TITLE V—FEDERAL PAYMENT SEC. 501. Article VI of the District of Columbia Revenue Act of 1947 (D.C. Code, secs. 47-2501a, 47-2501b) is amended to read as y/stfJ.^uo^^' follows; "ARTICLE VI—FEDERAL PAYMENT "SEC. 1. For the fiscal year ending June 30, 1967, and for each fiscal year thereafter, there is authorized to be appropriated, as the annual payment by the United States toward defraying the expenses of the government of the District of Columbia, the sum of $60,000,000 which shall be credited to the general fund of the District of Columbia. "SEC. 2. If in any fiscal year or years a deficiency exists between the amount appropriated and the amount authorized by this article to be appropriated, additional appropriations are hereby authorized for subsequent fiscal years to pay such deficiency or deficiencies." SEC. 502. Title I of the District of Columbia Revenue Act of 1939 (D.C. Code, sec. 47-134) is repealed. SEC. 503. The fourth sentence of section 106(a) of the Act of May 18, 1954 (D.C. Code, sec. 43-1541 (a)) is repealed. TITLE VI — AUTHORIZATION FOR LOANS F R O M UNITED STATES TREASURY

^,^P!!!-

53 Stat. 1085.

Repeal. ^s Stat. 102.

THE

Sec. 601. Subsection (b) of the first section of the Act approved June 6, 1958 (D.C. Code, sec. 9-220(b)) is amended to read as follows: ^2 Stat. isa. " (b) To assist in financing the cost of constructing facilities required for activities financed by the general fund of the District, the Commissioners are hereby authorized to accept loans for the District from the United States Treasury and the Secretary of the Treasury is hereby authorized to lend to the Commissioners such sums as may hereafter be appropriated, except that (1) the total principal amount of loans advanced pursuant to this section shall not exceed $250,000,000 and (2) $50,000,000 of the principal amount of loans authorized to be advanced pursuant to this subsection shall be utilized to carry out the purposes of the National Capital Transportation Act of 1965. Any ^^ Stat. 663. loan for use in any fiscal year must first be specifically requested of note."^^ the Congress in connection with the budgets submitted for the District, with a full statement of the work contemplated to be done and the need thereof, and such work must be approved by the Congress. Such approval shall not be construed to alter or to eliminate the procedures for consultation, advice, and recommendation provided in the National Capital Planning Act of 1952 (D.C. Code, sec. 1-1001 et seq.). Such ^e Stat. 78i. loans shall be in addition to any other loans heretofore or hereafter made to the Commissioners for any other purpose, and when advanced shall be deposited in the Treasury of the United States to the credit of the general fund of the District."

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Page:United States Statutes at Large Volume 80 Part 1.djvu/894

 858

PUBLIC LAW 89-610-SEPT. 30, 1966

[80 STAT.

TITLE VII—AMENDMENTS TO THE DISTRICT OF COLUMBIA INCOME AND FRANCHISE T A X ACT O F 1947 70 Stat. 70.

SEC. 701. Section 3 of title VI of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1567b(a)), is amended to read as follows: "SEC. 3. IMPOSITION AND RATES OF TAX.—-There is hereby annually

70 stl\!*68.^^'

78 Stat. 114.

levied and imposed for each taxable year upon the taxable income of every resident a tax at the following rates: "Two and one-half per centum on the first $2,000 of taxable income. "Three per centum on the next $2,000 of taxable income. "Three and one-half per centum on the next $2,000 of taxable income. "Four per centum on the next $2,000 of taxable income. "Four and one-half per centum on the next $2,000 of taxable income. "Five per centum on the taxable income in excess of $10,000." SEC. 702. The amendment made by section 701 of this title shall be applicable to taxable years beginning after December 31, 1965. SEC. 703. Effective with respect to taxable years ending after December 31, 1961, section 4 of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1551c) is amended by adding at the end thereof the following new subsection: "(aa) Notwithstanding subsection (m), any distribution in liquidation of a regulated public utility (as defined in section 7701(a) (33) ^^^ ^•••^ ^f ^j^g Internal Revenue Code of 1954) which, for purposes of the Internal Revenue Code of 1954, is treated as in part or full payment in exchange for the stock in such utility, shall, if for purposes of this article the stock is a capital asset, be treated as in part or full payment in exchange for the stock." TITLE VIII — AMENDMENTS TO THE MOTOR V E H I C L E FUEL TAX

68°stt*t°*ii7 ^'

SEC. 801. The first section of the Act entitled "An Act to provide for a tax on motor vehicle fuels sold within the District of Columbia, and for other purposes", approved April 23, 1924 (43 Stat. 106; D.C. Code, sec. 47-1901), as amended, is amended by striking " 6 " and inserting in lieu thereof "7". SEC. 802. Section 14 of such Act approved April 23, 1924 (D.C. Code, sec. 47-1912), as amended, is amended by striking out " 6 " and inserting in lieu thereof "7". SEC. 803. The amendments made by section 801 and 802 of this title shall take effect on the first day of the first month which begins more than thirty days after the date of approval of this Act. TITLE IX—ABATEMENT OF TAXES SEC. 901. The Commissioners are authorized to abate the unpaid portion of the assessment of any tax, or any liability in respect thereof, other than taxes on real property, if the Commissioners determine under unform rules prescribed by them that the administration and collection costs involved would not warrant collection of the amount due. TITLE X—GENERAL PROVISIONS SEC. 1001. Subsection (a) of section 402 of the District of Columbia Public Works Act of 1954 (68 Stat. 110; D.C. Code, sec. 7-133 (a)) is amended by striking "$50,250,000" and inserting in lieu thereof "$85,250,000".

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Page:Ecclesiastical History of Eusebius Pamphilus, 1842.djvu/8

 according to the Act of Congress, in the year 1833, by the Rev. R. &, in the Clerk's Office of the District Court of the Eastern District of Pennsylvania.


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/895

 80 STAT. ]

PUBLIC LAW 89-612-SEPT. 30, 1966

SEC. 1002. As used in this Act, unless the context requires otherwise, the word "Commissioners" shall mean the Board of Commissioners of the District of Columbia, or its designated agent. SEC. 1008. Any word or term u s ^ in any title of this Act, unless the context requires otherwise, shall have the same meaning as that applicable to such word or term in the Act to which such title applies. SEC. 1004. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. SEC. 1005. The Commissioners are authorized to make rules and regulations to carry out the provisions of this Act. SEC. 1006. The Commissioners are authorized to enter into such agreements with the States of Maryland and Virginia and with political subdivisions of such States as may be necessary to develop a continuing comprehensive transportation planning process for the Xational Capital region for the purpose of complying with the requirements of section 134 of title 23, United States Code, except that no such agreement shall require the District of Columbia to pay more than its pro rata share of the costs of such planning process. In developing such transportation planning process the Commissioners shall consult and cooperate with the National Capital Planning Commission and the National Capital Regional Planning Council. For the purpose of this section, the term "National Capital region" shall have the same meaning as is given it in section 103 of the National Capital Transportation Act of 1960 (74 Stat. 537; D.C. Code, sec. 1-1401). Approved September 30, 1966, 3:36 p.m.

859

^e Stat.

I:L48.

D.C. Code -1402.

Public Law 89-611 JOINT RESOLUTION

September 30, 1966

Making continuing appropriations for the fiscal year 1967, and for other purposes,

[H. J. Res. 1308]

Resolved by the Senate and Iloune of Representatives of the United States of America in Congress assembled, That the joint resolution of ^o °Hatioirl^ iTe? August 31, 1966 (Public Law 89-549), is hereby amended by striking ^'^A^"e/p^.'234, out "September 30, 1966" and inserting in lieu thereof "October 22, 371. 1966". Approved September 30, 1966. Public Law 89-612 AN ACT

September 30„ 1966

To provide for extension and expansion of the program of grants-in-aid to the Republic of the Philippines for the hospitalization of certain veterans, and for other purposes.

[H. R. 16330]

Be it enacted by the Senate and House of Representatives of the, United States of America in Congress assembled, That section 622 of Philippine title 38, United States Code, is amended by striking "and" and insert- "Ho'^^tkiization. ing ", and section 632(b)" after "section 624(c)". 72 Stat. 1144. SEC. 2. Section 632 of title 38, United States Code, is hereby amended ^2 Stat. 1145: as follows: 77 Stat. 66. (1) Insert " (a) " before "The President". (2) Insert before the period at the end of the first sentence in paragraph (2) the words ", subject to necessary provisions for veterans

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Page:United States Statutes at Large Volume 80 Part 1.djvu/896

 860

PUBIJC L A f 89-612 -SEPT. 30^ 1966

[80 STAT.

covered by any modified agreement which may be made pursuant to subsection (b) of this section". (3) Add at the end the following new subsections: " (b) Subject to the conditions set forth in subsection (c) of this section, such agreement may be further modified after the effective date of this amendment to authorize extension of the contract specified in paragraph (1) of subsection (a) for an additional period ending June 30, 1973, and may authorize expansion of such contract to include payments for hospital care at the Veterans Memorial Hospital of Commonwealth Army veterans determined by the Administrator to need such care for non-service-connected disabilities if they are unable to defray the expenses of necessary hospital care. Such modified agreement may also provide for payments for hospital care, determined by the Administrator to be necessary, at the Veterans Memorial Hospital of new Philippine Scouts for service-connected disabilities, and for non-service-connected disabilities if they enlisted before July 1, 1946, and if they qualify as veterans of a war unable to defray the expenses Limitation. ^-f necessary hospital care. The total of such payments plus any payments for authorized travel expenses in connection with hospital care pursuant to any such modified agreement shall not exceed $1,200,000 for fiscal year 1967, including payments for any period in that year prior to the modified agreement, nor $2,000,000 for any one fiscal year thereafter. Such modified agreement may also provide that during the period covered by such contract medical services shall be continued as provided by the last sentence of paragraph (1) of subsection (a) for Commonwealth Army veterans for service-connected disabilities and medical services for new Philippine Scouts determined by the Administrator to be in need thereof for service-connected disabilities shall be provided as authorized for Commonwealth Army veterans. "(c) Any agreement or contract extended and modified pursuant to subsection (b) shall be conditioned on a commitment by the Republic of the Philippines and the Veterans Memorial Hospital that the equipment of such hospital will be replaced and upgraded as needed and that the existing physical plant and facilities of such hospital will be rehabilitated as soon as practicable to place the hospital on a sound and effective operating basis. I t shall provide that failure to fulfill such commitment or to maintain the hospital in a well-equipped and effective operating condition, as determined by the Administrator, shall be a ground for stopping payments under the agreement upon reasonable notice as stipulated by the contract. Appropriations. «((j) f o assist the Republic of the Philippines in replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of the Veterans Memorial Hospital, there is hereby authorized to be appropriated the sum of $500,000 to be used by the Administrator for making grants to the Veterans Memorial Hospital for this purpose on such terms and conditions as the Administrator may prescribe. Any such appropriation shall remain available until expended. "(e) To further assure the effective care and treatment of patients in the Veterans Memorial Hospital, and having due regard for the special kinds of diseases from which these patients frequently suffer, there is hereby authorized to be appropriated for each fiscal year during the six years beginning with fiscal year 1967 the sum of $100,000 to be used by the Administrator for making grants to the Veterans Memorial Hospital for medical research and the training of health service personnel at the hospital. Such grants shall be made on terais and conditions prescribed by the Administrator, including approval by him of all research protocols, principal investigators, and training programs."

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Page:United States Statutes at Large Volume 80 Part 1.djvu/897

 80 STAT. ]

861

PUBLIC LAW 89-613-SEPT. 30, 1966

SEC. 3. Paragraph (1) of section 634 of title 38, United States Code, is amended to add at the end thereof the following sentence: "The term 'new Philippine Scouts' means persons who served in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who were discharged or released from such service under conditions other than dishonorable." Approved September 30, 1966.

" N e w Philippine S c o u t s. " 59 Stat. 543.

Public Law 89-613 AN ACT To extend the benefits of the War Orphans' Educational Assistance program to the children of those veterans of the Philippine Commonwealth Army who died or have become permanently and totally disabled by reason of their service during World War II, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 35 of title 38, United States Code, is amended by adding at the end thereof a new subchapter as follows: "Subchapter VII—Philippine Commonwealth Army and Philippine Scouts

September 30, 1966 [H. R. 16367]

Philippine veterans. War orphans educational assistance. 7 2 Stat. 119 2; Ante, pp. 19-21. 38 USC 17011762.

"§ 1765. Children of certain Philippine veterans U

BASIC E L I G I B I L I T Y

" (a) The term 'eligible person' as used in section 1701(a)(1) of sJn^"^'^^^^^"^ this title includes the children of those Commonwealth Army veterans 38 USC i7oi. and 'New' Philippine Scouts who meet the requirements of serviceconnected disability or death, based on service as defined in section 1766. Intrau ADMINISTRATIVE

PROVISIONS

"(b) The provisions of this chapter and chapter 36 shall apply to the educational assistance for children of Commonwealth Army veterans and 'New' Philippine Scouts, except that— "(1) educational assistance allowances authorized by section 1732 of this title and the special training allowance authorized by section 1742 of this title shall be paid at a rate in Philippine pesos equivalent to $0.50 for each dollar, and "(2) any reference to a State approving agency shall be deemed to refer to the Administrator.

7 7 Stat. 158; Ante, pp. 20-23. 38 USC 17701790.

72 Stat. 1198, 1200; 79 Stat. 896. 38 USC 1732, 1742.

D E L I M I T I N G DATES

"(c) I n the case of any individual who is an 'eligible person' solely by virtue of subsection (a) of this section, and who is above the age of seventeen years and below the age of twenty-three years on the date of enactment of this section, the period referred to in section 1712 of this title shall not end until the expiration of the five-year period which begins on the date of enactment of such section. "§ 1766. Definitions " (a) The term 'Commonwealth Army veterans' means persons who served before July 1, 1946, in the organized military forces of the Government of the Philippines, while such forces were in the service of the Armed Forces pursuant to the military order of the Presi65-300 0-67—57

38 USC 1712.

" e o m m o n wealth Army veterans. "

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