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1307

STATUTES AT LARGE—ContinHtd Statutes at Large Chapter

Date

Section Volume

Page

1900

1 (1st clause of proviso on p. 643). 1 (7th paragraph on p. 644)

31 31 31 31 31 31

713 713 717 718 643 644 1462 1464 1465

1 (3d paragraph on p. 962).

31 31 31 31

1 (2d full paragraph on p. 481) (3d paragraph under "Public Printing and Binding"). (2d paragraph under "Naval Observatory")

32 32 32 32 32 32 32

53 740 741 741 481 583 678

4 10 12 1 (last 5 words on line 17 and lines 18-22).

32 32 32 32 32

786 826 829 830 1146

33 33 33 33 33 33 33 33

9 583 583 584 585 159 587 262

33 33 33 33

1213 1249 1287

34 34 34

825 826 839

(Proviso under "The Military Secretary's Department").

34 34 34 34

1012 1158 1424 1425

1 (Ist full paragraph on p. 382).

35 35

565 382

35

988

35

1021

1 (2d full paragraph on p. 1024)

35 35 35

1024 1067 1169

Feb. 25 62. June 25 384. 388.... 439.... J.R. 36. 1911

1 (2d paragraph under "Government Printing Office"). 1 (2d full paragraph and proviso on p. 770)

36 36 36 36 36

217 770 821 868 883

Mar. 3 208.. 231. 4 285.

(Proviso under "Pan American Union"). 291 1 (3d full paragraph on p. 1446)

36 36 36

1032 1167 1446

Mar. 21 26 May 25 June 2 6

J.R. 14. J.R. 15J.R. 27. J.R. 30. 791....

1901 Feb. 23 J.R. 8.. Mar. 2 J.R. 16. J.R. 17. 3 830....

962

1902 Mar. 6 May 13 16 19 June 28 July 1

139.... J.R. 20. J.R. 22. J.R. 23. 1301. 1351. 1368.

1903 Jan. 30 338. Feb. 14 552. Mar. 3 1007. 1904 Jan. 30 39 Feb. 24 J.R. 8.. Mar. 14 J.R. 9.. 28 J.R. 11. 29 J.R. 14. Apr. 6 8 6 2.... 12 J.R. 20. 23 1485...

(3d paragraph after that beginning "Adjutant General's Department".)

1905 Jan. 20 50 Mar. 3 1483... 1484... J.R. 33. 1906

1 (2d proviso on p. 1213) 1 (6th paragraph under "Printing and Binding").

Mar. 30 J.R. 13. J.R. 14. June 30 J.R. 5 1.

610

1907 Mar. 1 2284... 2 2511... 4 J.R. 24. J.R. 25. 1908 Jan. 15 J.R. 3. May 27 2 0 0... 1909 Mar. 4 299. 299

1 (6th paragraph following paragraph beginning "For General Expenses of the Geological Survey"). 1 (paragraphs beginning with "Holidays" and "Leaves of AbS6flC6")

317.... J.R. 25. 1910

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PUBLIC LAW 90-620-OCT. 22, 1968

[82 STAT.

STATUTES AT LARGE—Continued Statutes at Large Chapter

Date

Section Volume

Page

1912

Aug. 24 355.

1 (lines 28-35 on p. 407) 8 1 (lines 32-36 on p. 481) 1 (sentence beginning on line 49 of p. 482).

1913 June 23

37 3 7 37 37 37

62 3 47 0 44 1 41 8 42 8

38

Apr. 10 J.R. 14. Aug. 23 350....

75

38

673

1914 1 223

Aug.

1 (lines 30-51 on p. 673).

1916 Apr. 28 98.. July 1 209.

59 336

1917 Mar. 3

163.

June 12 2 7..

1 (1st paragraph on p. 1083) 6 1 (as applicable to salary of Public Printer and Deputy Public Printer).

1083 1121 173

1918 July

8

1 (3d paragraph under "Government Printing Office").

40

836

11 3 (2d proviso).

139

40 4 1 4 1

1270

1 (3d full paragraph on p. 1431).

41

1431

1919 Mar. 1 July 19 Aug. 2

233 272

1921 Mar. 4

161

1922 Feb. 18 5 8.. May 11 189.

391 541

1923 Feb. 20 98.

(Line 1 except 1st 2 words, lines 2-7,1st 7 words on line 8, sentence beginning on line 17 of p. 1278.)

42

1278

43 43 43 43

24 590 592 658

1924 Mar. 18 60.. June 7 303.

1 (lines 7-9 and 1st 8 words of line 10 under "Public Printing and Binding"). 1 (lines 4-8, last 10 words on line 24, lines 25-65, on p. 592)

354. 1925

Mar. 3 421 4 549 1926

4-7 1 (paragraph under "Office of Public Printer").

43 43 43

1106 1299 1300

May 13 294

1 (lines 5-9,18-24 and to colon on line 25,40-56, on p. 552)

44

552

1 (1st proviso under "Office of Superintendent of Documents")

44

1160

1(2)

45

986

1 (2d proviso on p. 1400)

45

1400

4 6

1481

1 (1st clause of 1st proviso on p. 397). 307 1 (2d and 3d paragraphs under "Printing and Binding").

47 47 47

397 409 612

1 (proviso in 2d full paragraph on p. 302).

48

302

1927 Feb. 23 168 1928 May 29 909 1929 Feb. 28 367 1931 Mar. 2 378 1932 June 30 314 July 7 443 1933 June 16 101

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1309

PUBLIC LAW 90-620-OCT. 22, 1968 STATUTES AT LARGE—Continued Statutes at Large

Date

Chapter

Section Volume

Page

1934 May 10 277. June 13 483. 18 606.

512(b). 3.

759 948 1017

1

1935 Feb. 2 3.... June 17 267. July 8 374. 26 417.

1 (1st proviso on p. 18)

18 386 475 500

i (1st 2 paragraphs on p. 475).

1936 Feb. 11 49.. Mar. 19 156. June 20 630.

1110 1182 1545-1547 1550-1553

1 (proviso under "Government Printing Office"). 1 (1st proviso on p. 1182) 1-3 6, 8, 9, 1 1, 1 3, 1 4

1937

50

304

1 (2d proviso on p. 421). 2,3

52 52 52

421 761 1206

1-5,6-9.

55 55

581,582 686

1,2.

56 56

1045 1078

192.

1-11,13-16.

57

380-383

6 273.

l(aH(c)—

June 19 369. 1938 May 23 259. June 16 477. 25 708. 1941 July

9 284.

Sept. 18 411. 1942 Dec. 10 717. 1943 24 811. July

7

1945 July

434

1946 Aug. 2

744. 753.

7 770.

17(b)... 102,121. 140 221, 222. 1(6^.—

60 60 60 60 60

811 814,823 838 837,831 872

1949 Apr. 19 72.. June 30 288. July 5 296.

104.

48 381 405

Sept. 5 849.23 1001. 1010. 1951

6(d). 4 5....

583 980 986

Oct. 31

3(10), 3(11)..

65

708

2,7 l(o),(p)-

66 66

540,541 594

101 (3 paragraphs under "Revolving Fund"). 102,103

67 67 67

330 332 388

101 (proviso in paragraph under "Office of Sergeant at Arms and Doorkeeper"). 801 (1st proviso in paragraph under "Survey of Government Records, Records Management, and Disposal Practices").

68

397

68

816

69 69 69

297 519 695

1950

654..

1952 July 10 632. 12 703. 1953 Aug.

1 304. 5 333.

1954 July

2 455.

Aug. 26 935. 1955 July 12 329.. Aug. 5 568. 12 859.

101 (paragraph under "Revolving Fund").

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PUBLIC LAW 90-621-OCT. 22, 1968

[82 STAT.

STATUTES AT LARGE—Continued Statutes at Large Date

Public Law

Section Volume

Page

1956 70 70 70 70 70

337 369 494 512 911

71

69

33,34

73 73

60 149

. 32,33

74

421

75 75

June 25 444 27 453 July 3 513 9 528 852

5 202

101 ( 3 paragraphs under' 'Revolving Fund") ......

20..

1957 June 13

85-51

1959 May 26 86-31 June 25 86-70

.

1960 July 12

86-624

1961 Mar. 21 87-2.. July 11 87-85 1962.

1-10

76

352-356

..

1 1

.

1,2

77 77 77 77

130 343 469 802

78 78

8 335

78

415

88-441

78

446

Oct. 15 89-«78

80

Aug.

9 87-579

1963 Aug. 27 88-105 Dec. 2 88-190.. 21 88-224 30 88-246.. 1964 Feb. 5 88-265 July 28 88-383

(Except provision adding par. (f) to sec. 503 of the Federal Property and Administrative Services Act of 1949). 203(c) (as applicable to Pubilic Printer) 203(d) (as applicable to Deputy Public Printer).

Aug. 14 88-426 1966

1967 101 (2d par. under "Government Printing Office Revolving Fund")..

July 28 90-57..

81

141

Approved October 22, 1968.

Public Law 90-621 October 22, 1968

[H.R. 189421 Taxes. Corporations; statutory mergers.

68A Stat. 120. 26 USC 368.

AN

ACT

Relating to the income tax treatment of certain statutory mergers of coriwrations. Be it enacted by the Senate and House of Reprenentaticea of the United States of America in Congress assembled, That (a) section 868(a)(2) of the Internal Revenue Code of 1954 (relating to special rules with respect to the definition of corporate reorganizations) is amended by adding at the end thereof the following new subparagraph: "(D)

STATUTORY MERGER USING STOCK OF CONTROLLING COR-

PORATION.—The acquisition by one corporation, in exchange for stock of a corporation (referred to in this subparagraph as 'controlling corporation') which is in control of the acquiring corporation, of substantially all of the properties of another corporation which in the transaction is merged into the acquiring corporation shall not disqualify a transaction under paragraph (1)(A) if (i) such transaction would have

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1311

qualified under paragraph (1)(A) if the merger had been into the controlling corporation, and (ii) no stock of the acquiring corporation is used in the transaction." (b) Section 368(b) of such Code (relating to definition of a party to 68A Stat. 120; Stat. a reorganization) is amended by adding at the end thereof the follow- 7826 u s e57. 368. ing new sentence: "In the case of a reorganization qualifying under paragraph (1)(A) of subsection (a) by reason of paragraph (2)(D) of that subsection, the term 'a party to a reorganization' includes the controlling corporation referred to in such paragraph (2)(D). " (c) The amendments made by subsections (a) and (b) shall apply to statutory mergers occurring after the date of the enactment of this Act. SEC. 2, (a) Section 358(e) of the Liternal Revenue Code of 1954 68A Stat. 118. (relating to the exception to the rule for determining basis to distributees in corporate reorganizations) is amended to read as follows: "(e) EXCEPTION.—This section shall not apply to property acquired by a corporation by the exchange of its stock or securities (or the stock or securities of a corporation which is in control of the acquiring corporation) as consideration in whole or in part for the transfer of the property to it." Property t r a n (b) The last sentence of section 362(b) of such Code (relating to fers to corpora-s basis of property transferred to corporations in corporate reorgani- tions, nonzations) is amended to read as follows: "This subsection shall not applicability. apply if the property acquired consists of stock or securities in a cor- ^^^ ^*^' ^^^ poration a party to the reorganization, unless acquired by the exchange of stock or securities of the transferee (or of a corporation which is in control of the transferee) as the consideration in whole or in part for the transfer." (c) The amendments made by subsections (a) and (b) shall apply Applicability. only in respect of plans of reorganization adopted after the date of the enactment of this Act. Approved October 22, 1968.

Public Law 90-622 AN ACT

To amend the I n t e r n a l Revenue Code of 19.54 with respect to the t r e a t m e n t of income from the operation of a c<minuinications satellite.system.

Be U endcted by the Senate and House of ReirreaentatlceH of the Ignited States of America In Congress assembled, That (a) section 883 of the Internal Revenue Code of 1954 (relating to exclusions from gross income) is amended by inserting " (a) INCOME or FOREIGN CORPORATIONS FROM S H I P S AND AIRCRAFT.—" before "The", and by adding at the end thereof the following new subsection: "(b)

October 22, 1968

[H. R. 18486]

Taxes. Global communications satellite system, tax exemption. 68A Stat. 28326 USC 88 3.

EARNINGS DERIVED FROM COMMUNICATIONS SATELLITE SYS-

TEM.—The earnings derived from the ownership or operation of a communications satellite system by a foreign entity designated by a foreign government to participate in such ownership or operation shall be exempt from taxation under this subtitle, if the United States, through its designated entity, participates in such system pursuant to the Communications Satellite Act of 1962 (47^ U.S.C. 701 and following)." (b) The amendment made by subsection (a) shall apply with resj^ect to taxaole years beginning after December 31, 1966. Approved October 22, 1968.

76 Stat. 419Effective date.

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PUBLIC LAW 90-623-OCT. 22, 1968

[82 STAT.

Public Law 90-623 October 22, 1968

[H.R. 17864]

Titles 5, 10, and 37, USC, amendments. 80 Stat. 388. 80 Stat. 410; 81 Stat. 196. 80 Stat. 414. 80 Stat. 462. Ante,

p. 205-

81 Stat. 258.

80 Stat. 472.

AN ACT To amend titles 5, 10, and 87, United States Code, to codify recent law, and to improve the Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 5,1'^nited States Code, is amended as follows: (1) I n section 559 insert "of this title" immediately after the figure "7521" wherever it appears; (2) In section 2108(3)(D) insert "as defined by paragraph (1)(A) of this section" immediately after "veteran"; (3) In section 3102(a)(2) strike out "Board of Commissioners" and insert "Commissioner" in place thereof; (4) I n paragraphs (14), (15), and (16) of section 5315 strike out " (3) " and insert " (4) " in place thereof; and in paragraph (126) of section 5316 insert" (2) " at the end; (5) I n section 5316 insert- the following after paragraph (126): "(127) Director, Bureau of Narcotics and Dangerous Drugs, pepartment of Justice."; (6) I n sect ion 5334 (a) — (A) strike out "section 106(a) of the Appalachian Kegional Development Act of 1965" and insert "section 106(a) of title 40, appendix" in place thereof; (B) strike out "section 502 of the Public Works and Economic Development Act of 1965, under section 506(2) of such Act" and insert "section 3182 of title 42, under section 3186(2) of that title" in place thereof; and (C) strike out "six" and insert " 6 " in place thereof; (7) In section 5352— (A) insert a comma and "and the I>istrict of Columbia Council with respect to the government of the District of Columbia," immediately following "head of each agency"; and (B) strike out "his" and insert "its" in place thereof; (8) I n section 5353 insert a comma and "and the District of Columbia Council with respect to the government of the District of Columbia," immediately following "head of the agency concerned" in the last sentence; (9) I n section 5516(a) strike out "Commissioners" wherever it appears and insert "Commissioner" in place thereof; (10) I n section 5521(3)(B) strike out "Board of Commissioners" and insert "Commissioner" in place thereof; (11) I n section 5527(b)— (A) strike out "and" immediately after "Executive agencies,"; and (B) insert "and the District of Columbia Council, with respect to the government of the District of Columbia," immediately after "executive branch,"; (12) I n section 5537 insert a comma and "who is entitled to leave under section 6322 of this title," immediately following "District of Columbia"; (13) I n section 5546— (A) strike out "Board of Commissioners of the District of Columbia" in subsection (b) and insert "District of Columbia Council" in place thereof; and (B) strike out "5442(a)" in subsection (d) and insert "5542 (a) " in place thereof;

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PUBLIC LAW 90-623-OCT. 22, 1968

1313

(14) I n section 5724(e) strike out "section 5724(a), (b) " and insert si Stat. 204. "section 5724a(a), (b) " in place thereof; (15) I n section 6104— ^ so Stat. sie. (A) strike out "Board of Commissioners'' wherever it appears in paragraphs (1) and (3) and insert "Commissioner" in place thereof; and (B) strike out "Board of Commissioners*' in paragraph (2) and insert "District of Columbia Council" in place thereof; (16) In section 6305(c) strike out "two" and "thirty" and insert 8° ^'^'- ii^g. " 2 " and "30", respectively, in place thereof; (17) In.section 6323— so Stat. 522. (A) strike out "loss of" wherever it appears and insert "loss in" in place thereof; and (B) insert the following at the end: "(c) An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, who is a member of the National Guard of the District of Columbia, is entitled to leave without loss in pay or time for each day of a parade or encampment ordered or authorized under title 39, District of Columbia Code. This subsection covers each day of service the 25 Stat. 772; National Guard, or a portion thereof, is ordered to perform by the ^^ ^*^'" ^^^commanding general."; (18) I n section 6324(b)(1) strike out "Commissioners of the District of Columbia" and insert "District of Columbia Council" in place thereof; (19) Strike out section 8143 and insert in place thereof: "§ 8143, Job Corps enrollees; volunteers in service to America " (a) Subject to the provisions of this subsection, this subchapter applies to an enrollee in the Job Corps, except that compensation for disability does not begin to accrue until the day after the date on which the injured enrollee is tenninated. In administering this subchapter for an enrollee covered by this subsection— " (1) the monthly pay of an enrollee is deemed that received at the minimum rate for G S - 2: note"^*^ ^^^^ "(2) section 8113(a), (b) of this title applies to an enrollee; so Stat. 540. and "(3) 'performance of duty' does not include an act of an enrollee while absent from his assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from the post of duty) authorized by or under the direction and supervision of the Job Corps, "(b) This subchapter applies to a volunteer in service to America Avho receives either a living allowance or a stipend under part A of subchapter VIII of chapter 34 of title 42, with respect to that service 81 Stat. 72242 u and training, to the same extent as enrollees of the Job Corps under 2992b. s e 2992 subsection (a) of this section. However, for the purpose of the computation described in subsection (a)(1) of this section, the monthly pay of a volunteer is deemed that received at the minimum rate for G o - 7. "; (20) In section 8191 strike out "Act" and insert "subchapter" in Ante, p. 9 8. place thereof; (21) In section 8331(3)(B) (ii) strike out "and 60e-13" and insert 81 Stat. 213. "60e-13, and 60e-14" in place thereof; (22) In section 8347(h) strike out "Commissioners" and insert 80 Stat. 583"Commissioner" in place thereof. (23) I n section 3502(a), strike out "and" at the end of subpara- 80 Stat. 428graph (A); insert a semicolon immediately preceding the word "and" at the end of subparagraph (B); and strike out, m subparagraph (C), "section 8(b) of the Soil Conservation and Domestic Allotment Ante, p. 278. Act (16 U.S.C. 5 9 0 h (b)) " and "section 10(b) of the Agricultural

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 1314

Ante.v.ni. Ante, p. 277.

81 Stat. 198-

^g70A Stat. 4; tat. 830. 81 Stat. 754. 70A Stat. 17. 76 Stat. 450.

70A Stat. 201.

PUBLIC LAW 90-623-OCT. 22, 1968

[82 STAX

Adjustment Act of May 12, 1933 (48 Stat. 3 7) " and insert "section 590h(b) of title 16" and "section 610(b) of title 7", respectively, in place thereof. (24) In section 5334(f), strike out "section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 5 9 0 h (b)) " ancj insert "section 590h(b) of title 16" in place thereof. (25) In secti(m 6312, strike out "section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 5 9 0 h (b)) " and "section 10(b) of the Agricultural Adjustment Act of May 12, 1933 (48 Stat. 37)" and insert "section 590h(b) of title 16" and "section 610(b) of title 7", respectively, in place thereof. (26) I n section 5314, insert the following new paragraph at the end: "(53) Urban Mass Transportation Administrator." SEC. 2. Title 10, United States Code, is amended as follows: (1) In sections 101(8)(D) and 1124 (a), (b), and (g) strike out a^|-^g Treasury" wherever it appears and insert "Transportation" in place thereof. (2) l u the aualysis of chapter 31 strike out "or national emergency" in item 506; (3) In section 510(a) strike out "section 501" and insert "section 502" in place thereof; (4) j n section 815(e) (article 15 (e)), strike out "or a law specialist or lawyer of the Marine (J^orps, Coast Guard, or Treasury Department" in the last sentence and insert in place thereof "or a law specialist or lawyer of the Coast Guard or Department of Transportation"; (5) Strike out section 3534 and insert in place thereof: '^§3534. Corps of Engineers: detail of officers to assist Commissioner of District of Columbia. "The President may detail not more than three officers assigned to the Corps of Engineers to assist the Commissioner of the District of Columbia in discharging his duties."; (6) Strike out the item relating to section 3534 in the analysis of chapter 343 and insert in place thereof: "3534. Corps of Engineers: detail of officers to assist Commissioner of District of Columbia.";

80 Stat. 1114. 78 Stat. 149.

(7) In the analysis of chapter 403 strike out item 4339; (g) j ^ sections 4342(a)(5), 6954(a)(5), and 9342(a)(5) strike out "Commissioners" wherever it appears and insert in place thereof "Commissioner": 81 Stat. 546. (9) j n section 5149(c) strike out "4158(b)" and insert in place thereof "5148(b)"; 70A Stat. 417. (jQ) j ^ section 6483(b) insert "former" before "section 6150". SEC. 3. Title 37, United States Code, is amended as follows: 76 Stat. 451, (1) In sectlous 101(5)(D), 306 (d) and (f), 307(d), 308 (e) and 79^81^.^547; (g), 417 (a) and (b), 703, 1001(c), and 1006(f) strike out "the 76 Stat. 478,484, Treasury" wherever they appear and insert in place thereof 489,490. "Transportation"; 81 Stat. 383. (2) In section 202 redesignate subsection " (k) " (relating to basic pay of the Assistant Judge Advocate General of the Navy) as subsection " (1) "; 78 Stat. 1070. (3) l u section 205(e) strike out "the enactment of this subsection" and insert in place thereof "October 13, 1964,"; 77 Stat. 218. (4) j n section 305(a)(2) strike out "contiguous 48 States" and insert in place thereof "48 contiguous States"; 81 Stat. 651. (5) In section 311(a) strike out "months" and insert in place thereof " months ' "; 80 Stat. 957. (g) i ^ section 406(d)(2) strike out "ninety" and insert in place thereof "90";

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PUBLIC LAW 9 0 - 6 2 3 - O C T. 22, 1968

1315

(7) In section 554(b) strike out "twenty-nine" in the last sentence si Stat. 764. and insert in place thereof "29"; (8) I n section 904(a) insert "or" at the end of clause (10); si Stat. 383. (9) In section 1006(a) strike out "permanent change of station" 76 Stat. 490. and insert in place thereof "change of permanent station". SEC. 4. The analysis of chapter 57 of title 28, United States Code, ^^2 Stat. 9255 is amended by striking out the following item: ^'^'' ^^^ "962. Traveling expenses."

SEC. 5. (a) Section 116 of the Economic Opportunity Act of 1964, Provisions of as added by section 101 of Public Law 90-222 (81 Stat. 681; 42 U.S.C. pucauon.^'^' ^''" 2727), is amended— (1) by inserting, in subsection (a), "and in section 8143(a) of title 5, United States Code" immediately after "this subsection"; and (2) by striking out paragraph (2) of subsection (a). (b) Section 833 of the Economic Opportunity Act of 1964, as added by section 110 of Public Law 90-222 (81 Stat. 726; 42 U.S.C. 2994b), is amended— (1) by inserting, in subsection (a), "and in.section 8143(b) of title 5, United States Code" immediately after "subsection (b) "; and (2) by striking out subsection (b) and inserting in place thereof: " (b) Individuals who receive either a living allowance or a stipend under part A shall, with respect to such services or training, (1) be deemed, for the purposes of subchapter III of chapter 73 of title 5 of the United States Code, persons employed in the executive branch so stat^525. 5 u of the Federal Government, and (2) be deemed Federal employees to 7327. s e 7321" """ "^ ' the same extent a.s enrollees of the Job Corps under section 116(a) (1) and (3) of this Act." SEC. 6. (a) Sections 1-5 of this Act restate, without substantive change, the laws replaced by those sections on the effective date of this Act. Laws effective after June 30, 1968, that are inconsistent with this Act supersede it to the extent of the inconsistency. (b) References made by other laws, regulations, and orders to the laws restated by this Act are deemed to refer to the corresponding provisions of this Act. (c) Actions taken under the laws restated by this Act are deemed to have been taken under the corresponding provisions of this Act. (d) Sections 1(2) and 1(14) of this Act are effective as of Effective dates. September 11, 1967, for all purposes. (e) Sections 1(13)(B) and 1(17) of this Act are effective as of September 6, 1966, for all purposes. SEC. 7. (a) The following laws are repealed except with respect to Repeals. rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this Act: (1) The proviso on page 615 of the Act of July 1, 1902 (ch. 1352, 32 Stat. 615); (2) The Act of August 28, 1958 (Public Law 85-847, 72 Stat. 1086); (3) Section 205 of the Act of August 19, 1964 (Public Law 88-448, 78 Stat. 488); 5 u (4) Section 214(d) of the Act of December 16, 1967 (Public Law note. s e 8339 90-206,81 Stat. 636). (b) Paragraphs (115), (427), (428), and (429) of section 402 of ^/^^ ^*"'- ^5^'Reorganization Plan No. 3 of 1967 have no further effect. 5 USC app.

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1316 Post,

p. 1368.

Post,

p. 1369-

[82 STAT.

(c) That part of the last sentence of section 3(a) of Reorganization Plan No. 1 of 1968 which relate to the rate of compensation of the Director of the Bureau of Narcotics and Dangerous Drugs has no further effect. (d) That part of the first sentence of section 3(b) of Reorganization Plan No. 2 of 1968 which relates to the compensation of me Urban Mass Transportation Administrator has no further effect. Approved October 22, 1968.

Public Law 90-624 October 22, 1968 [H. R. 7567]

Taxes. Definition of compensation. 68A Stat. 434. 26 USC 3231-

66 Stat. 168; 75 Stat. 534. 8 USC 1101. 50 Stat. 309; 79 Stat. 860. 45 USC 228a.

52 Stat. 1095. 45 USC 351.

Applicability.

26 USC 32013233-

73 Stat. 28; 79 Stat. 861.

AN ACT To aineiid the Internal Revenue Code of 10.^4 with respec-t to the df fiiiition of compensation for puriK>ses of tax under the Railroad Retirement Tax Act, and for other purposes.

Be if enacted by the Senate and HonMc of Representatives of the United States of America In Congress assembled, That section 3281 (e)(1) of the Internal Revenue Code of 1954 (relating to definition of compensation) is amended by inserting after the second sentence the I'ollowing new sentence: "Such term does not include remuneration for service which is performed by a nonresident alien individual for the Ijeriod he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101(a) (15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the purpose specified in subparagraph (F) or (J), as the case may be." SEC. 2. Section 1(h)(1) of the Railroad Retirement Act of 1937 is amended by inserting after the second sentence the following new sentence: "Such term does not include remuneration for service which is performed by a nonresident alien individual for the period he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101(a) (15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the purpose sfjecified in subparagraph (F) or (J), as the case may be." SEC. 8. Section 1(i) of the Railroad Unemployment Insurance Act is amended by inserting after the first sentence the following new sentence: "Such term does not include remuneration for service which is performed by a nonresident alien individual for the period he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101(a) (15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the purpose specified in subparagraph (F) or (J), as the case may be." SEC. 4. (a)(1) The amendments made by the first two sections of this Act shall apply with respect to service performed after December 81, 1961. (2) Notwithstanding the expiration before the date of the enactment of this Act or within 6 months after such date of the period for filing claim for credit or refund, claim for credit or refund of any overpayment of any tax imposed by chapter 22 of the Internal Revenue Code of 1954 attributable to the amendment made by the first section of this Act may be filed at any time within one year after such date of enactment. (3) Any credit or refund of an overpayment of the tax imposed by section 8201 or 8211 of the Internal Revenue Code of 1954 which is attributable to the amendment made by the first section of this Act shall be appropriately adjusted for any lump-sum payment which has been made under section 5(f)(2) of the Railroad Retirement Act

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 of 1937 before the date of the allowance of such credit or the making of such refund.

(b) The amendments made by section 3 shall apply with respect to service performed after December 31, 1967. Approved October 22, 1968.

October 22, 1968 [S. 3736] Public Law 90-625

AN ACT To authorize the Secretary of Agriculture to sell to the Village of Central, State of New Mexico, certain lands administered by him formerly part of the Fort Bayard Military Reservation, New Mexico.

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

That, subject to other provisions of this Act, the Secretary of Agriculture is authorized and directed to sell, in tracts of not less than 40 acres and at market value as determined by him, and to convey to the Village of Central, State of New Mexico, for the purpose of residential and business devel- opment, the following described lands formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, comprising approximately one hundred and seventy-seven acres situated in section 35, township 17 south, range 13 west, New Mexico principal meridian, more particularly described by metes and bounds as follows:

Beginning at the southwest corner of the parcel herein described, being a point on the northerly right-of-way line of United States Highway Numbered 260 (New Mexico State Highway Department project numbered F-013-1 (3)), whence the 2-mile corner on the southboundary of the Fort Bayard Military Reservation (concrete monu- ment in place) bears south 02 degrees 20 minutes 30 seconds east, 366.78 feet distance:

thence north 01 degree 16 minutes 00 seconds west, 439.75 feet distance to a point;

thence north 80 degrees 06 minutes 10 seconds east, 496.21 feet distance to a point;

thence north 14 degrees 22 minutes 10 seconds west, 500.58 feet distance to the northwest corner of the parcel herein described;

thence north 37 degrees 22 minutes 30 seconds east, 1,003.60 feet distance to a point;

thence north 18 degrees 48 minutes 30 seconds east, 439.35 feet distance to a point;

thence north 47 degrees 39 minutes 10 seconds east, 703.80 feet distance to a point;

thence north 48 degrees 30 minutes 00 second east, 490.75 feet distance to a point;

thence north 48 degrees 59 minutes 00 second east, 602.85 feet distance to a point;

thence north 49 degrees 39 minutes 00 second east, 235.52 feet distance to the northeast corner of the parcel herein described, being a point on the westerly line of the old Highway Numbered 180-260 (road to Fort Bayard);

thence south 44 degrees 13 minutes 10 seconds east, 289.71 feet distance along said westerly line of road to Fort Bayard to a point;

thence south 28 degrees 21 minutes 00 second east, 2,267.83 feet distance continuing along said westerly line of road to Fort Bayard to a point;

thence south 11 degrees 27 minutes 00 second east, 355.34 feet distance continuing along said westerly line of road to Fort Bayard to a point;


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 1318

Mineral interests.

"Administrative c o s t s. "

PUBLIC LAW 90-625-OCT. 22, 1968

[82 STAT.

thence south 03 degrees 08 minutes 50 seconds west, 514.23 feet distance continuing along said westerly line of road to Fort Bayard to a point; thence south 09 degrees 47 minutes 20 seconds west, 112.40 feet distance continuing along said westerly line of road to Fort Bayard to the southeast corner of the parcel herein described, being identified as the intersection of said westerly line of road to Fort Bayard with the northerly right-of-way line of new United States Highway Numbered 260 (Project Numbered F-013-1 (3)); thence north 88 degrees 35 minutes 00 second west, 906.91 feet distance along the northerly right-of-way line of United States Highway Numbered 260 to the T-rail right-of-way marker on P.T. station 351 + 06.2; thence southwesterly 2,435.21 feet distance continuing along said northerly right-of-way line of United States Highway Numbered 260 along the arc of a curve bearing to the left and having a long chord bearing south 83 degrees 25 minutes 00 seconds west, 2,427.30 feet distance to the T-Rail right-of-way marker on P.(^. Station 327 + 00; thence south 75 degrees 25 minutes 00 seconds west, 594.40 feet distance continuing along said northerly right-of-way line of United States Highway Numbered 260 to the southwest, and beginning corner of the parcel herein described. SEC. 2. The conveyance authorized by this Act (1) shall protect existing valid rights, (2) shall reserve easeniients for existing facilities such as roads, telephone lines, pipelines, electric power transmission lines, or other facilities or improvements in place, and shall reserve such easements for roads as the Secretary of Agriculture finds necessary to assure access to lands of the United States or to meet public needs, and (3) may contain such additional terms, conditions, reservations, and restrictions as may be determined by the Secretary of Agriculture to be necessary to protect the interests of the United States. SEC. 3. Upon application all the undivided mineral interests of the United States in any parcel or tract of land sold pursuant to this Act shall be convened to the Village of Central, State cf New Mexico, or its successors m title by the Secretary of the Interior. I n areas where the Secretary of the Interior determines that there is no active mineral development or leasing, and that the lands have no mineral value, the mineral interests covered by a single application shall be sold for a consideration of $1. In other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as He deems necessary or appropriate. SEC. 4. Each application made under the provisions of this Act shall be accompanied by a nonrefundable deposit to be applied to the administrative costs as fixed by the Secretary of the Interior. If the conveyance is made, the applicant shall pay to the Secretary of the Interior the full administrative costs, less the deposit. If a conveyance is not made pursuant to an application filed under this Act, the deposit shall constitute full satisfaction of such administrative costs notwithstanding that the administrative costs exceed the deposit. SEC. 5. The term "administrative costs" as used in this Act includes, in addition to other items, all costs which the Secretary of the Interior determines are included in a determination of (1) the mineral character of the land in question, and (2) the fair market value of the mineral interest. SEC. 6. Amounts paid to the Secretary of the Interior under the provisions of this Act shall be paid into the Treasury of the United States as miscellaneous receipts. Approved October 22, 1968.

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1319

Public Law 90-626 AN ACT

October 22, 1968

To amend the Federal Property and Administrative Services Act of 1949, as amended, to authorize the rendering of direct assistance to and performance of siXK'ial services for the Inaugural Committee.

i^^-34i6]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection n^/t^e"^"''^^ ^°'"' 210(a) of the Federal Property and Administrative Services Act of Assistance and 1949, as amended (40 U.S.C. 490(a)) is further amended by striking special services. the word "and" at the end of paragraph (13), striking the period at y/statVo^io^' the end of paragraph (14) and inserting in lieu thereof "; and", and inserting immediately after paragraph (14) thereof the following new paragraph: "(15) to render direct assistance to and perform special services for the Inaugural Committee (as defined in the Act of August 6, 1956, 70 Stat. 1049) during an inaugural period in con- ^6 USC 721. nection with Presidential inaugural operations and functions, including employment of personal services without regard to the civil service and classification laws; provide Government-owned and leased space for personnel and parking; pay overtime to guard and custodial forces; erect and remove stands and platforms; provide and operate first-aid stations; provide furniture and equipment; and provide other incidental services in the discretion of the Administrator." Approved October 22, 1968.

Public Law 90-627 AN ACT

^

^

October 22, 1968

For the relief of Public Utility District Numbered 1 of Klickitat County, Washington.

[H.R. 859]

Be it enacted by the Senate and House of Rejjresentatives of the United States of America In Congress assembled, That the Secretary public utiuty of the Treasury is authorized and directed to pay, out of any money Kifckult^coilnty, in the Treasury not otherwise appropriated, to the Public Utility Dis- wash. trict Numbered 1 of Klickitat County, Washington, the sum of $31,000. Such sum represents payment for amounts expended by the district to construct a sewer and water system for the unincorporated city of Roosevelt, Washington, which was relocated because of the inundation of the original townsite by waters of the reservoir created by the construction of the John Day lock and dam project of the Department of the Army, SEC. 2. No part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of serv' ices rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved October 22, 1968.

96-600 O - 69 - 86

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PUBLIC LAW 90-628-OCT. 22, 1968

[82 STAT.

Public Law 90-628 October 22, 1968 [ H. R. 13058]

Fruit and vegetable c o n t a i n e r s. Standards.

Effective date.

AN ACT To repeal certain Acts relating to containers for fruits and vegetables, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Acts of Congress listed below are hereby repealed: (a) The Act of August 31, 1916, entitled "An Act to Hx standards for Climax baskets for grajjes and other fruits and vegetables, and to fix standards for baskets and other containers for small fruits, berries, and vegetables, and for other purposes'' (39 Stat. 673, as amended; 15 U.S.C. 251-256); (b) The Act of May 21, 1928, entitled "An Act to fix standards for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes" (45 Stat. 685, as amended; 15 U.S.C. 257-257i). SEC. 2. Section 10(b)(3) of the Act of November 3, 1966 (80 Stat. 1296; 15 U.S.C. 1451), entitled the " F a i r Packaging and Labeling Act", is amended by inserting "or" before "the Act of March 4, 1915," and by striking out ", the Act of August 31, 1916 (39 Stat. 673, as amended; 15 U.S.C. 251-256), or the Act of May 21, 1928 (45 Stat. 685, as amended; 15 U.S.C. 257-2571)." SEC. 3. This Act shall become effective 60 days after enactment. Approved October 22, 1968.

Public Law 90-629 October 22, 1968 [H. R. 15681]

The Foreign Military Sales Act.

AN ACT To consolidate and revise foreign assistance legislation relating to reimbursable military exports. Be it enacted by the Senate and House of Representatives of the United States of America in Congres,^ assembled, That this Act may be cited as "The Foreign Military Sales Act". Chapter L—FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND RESTRAINTS

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1321

SECTION 1. THE NEED FOR INTERNATIONAL DEFENSE COOPERATION

AND MILITARY EXPORT CONTROLS.—As declared by the Congress in the

Arms Control and Disarmament Act, an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. I n furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races. The Congress recognizes, however, that the United States and other free and independent countries continue to have valid requirements for effective and mutually beneficial defense relationships in order to maintain and foster the environment of international peace and security essential to social, economic, and political progress. Because of the growing cost and complexity of defense equipment, it is increasingly difficult and uneconomic for any country, particularly a developing country, to fill all of its legitimate defense requirements from its own d e s i ^ and production base. The need for international defense cooperation among the United States and those friendly countries to which it is allied by mutual defense treaties is especially important, since the effectiveness of their armed forces to act in concert to deter or defeat aggression is directly related to the operational compatibility of their defense ec[uipment. Accordingly, it remains the policy of the United States to facilitate the common defense by entering into international arrangements with friendly countries which further the objective of applying agreed resources of each country to programs and projects of coopera^tive exchange of data, research, development, production, procurement, and logistics support to achieve specific national defense requirements and objectives of mutual concern. To this end, this Act authorizes sales by the United States Government to friendly countries having sufficient wealth to maintain and equip their own military forces at adequate strength, or to assume progressively larger shares of the costs thereof, without undue burden to their economies, in accordance with the restraints and control measures specified herein and in furtherance of the security objectives of the United States and of the purposes and principles of the United Nations Charter. I t is the sense of the Congress that all such sales be approved only when they are consistent with the foreign policy interests of the United States, the purposes of the foreign assistance program of the United States as embodied in the Foreign Assistance Act of 1961, as amended, ^^ stau 424. the extent and character of the military requirement, and the economic note. and financial capability of the recipient country, with particular regard being given, where appropriate, to proper balance among such sales, grant military assistance, and economic assistance as well as to

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 1322

Post,

PUBLIC LAW 90-629-OCT. 22, 1968

p. 1323-

Presidential determination, report.

Report.

Presidential waiver, report.

[82 STAT.

the impact of the sales on programs of social and economic development and on existing or incipient arms races. I t is further the.sense of Congress that sales and guaranties under sections 21, 22, 23, and 24, shall not be approved where they would have the effect of arming military dictators who are denying social progress to their own people: Provided, That the President may waive this limitation when he determines it would be important to the security of the United States, and promptly so reports to the Speaker of the House of Representatives and the Committee on Foreign Relations in the Senate. SEC. 2. COORDINATION W I T H FOREIGN POLICY.—(a) Nothing contained in this Act shall be construed to infringe upon the powers or functions of the Secretary of State. (b) Under the direction of the Presidentj the Secretary of State, taking into account other United States activities abroad, such as military assistance, economic assistance, and food for freedom, shall be responsible for the continuous supervision and general direction of sales under this Act, including, but not limited to, determining whether there shall be a sale to a country and the amount thereof, to the end that sales are integrated with other United States activities and the foreign policy of the United States is best served thereby. (c) The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission. The Chief of the diplomatic mission shall make sure that recommendations of such representatives pertaining to sales are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires. SEC. 8. ELIGIBILITY,— (a) No defense article or defense service shall be sold by the United States Government under this Act to any country or international organization unless— (1) the President finds that the furnishing of defense articles and defense services to such country or international organization will strengthen the security of the United States and promote world peace; (2) the country or international organization shall have agreed not to transfer title to, or possession of, any defense article so furnished to it to anyone not an officer, employee, or agent of that country or international organization unless the consent of the President has first been obtained; and (3) the country or international organization is otherwise eligible to purchase defense articles or defense services. The President shall promptly submit a report to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate on the implementation of each agreement entered into pursuant to clause (2) of this subsection. (b) No defense article or defense service shall be sold by the United States Government under this Act to any country which, after the date of enactment of this Act, seizes or takes into custody or fines an American fishing vessel engaged in fishing more than twelve miles from the coast of that country. The President may waive the provisions of this subsection when he determines it to be important to the security of the United States, and promptly so reports to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 4. PURPOSES FOR W H I C H MILITARY SALES BY THE UNITED STATES

ARE AUTHORIZED.—Defense articles and defense services shall be sold by the United States Government under this Act to friendly countries solely for internal security, for legitimate self-defense, to permit the

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PUBLIC LAW 90-629-OCT. 22, 1968

1323

recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security, or for the purpose of enabling foreign military forces in less developed friendly countries to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. I t is the sense of the Congress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action activities not significantly detract from the capability of the military forces to perform their military missions and be coordmated with and form part of the total economic and social development effort: Provided, That none of the funds contained in this authorization shall be used to guarantee, or extend credit, or participate in an extension of credit in connection with any sale of sophisticated weapons systems, such as missile systems and jet aircraft for military purposes, to any underdeveloped country other than Greece, Turkey, Iran, Israel, the Republic of China, the Philippines and Korea unless the President determines that such financing is important to the national security of the United States and reports within thirty Repo'* to Congress. days each such determination to the Congress. Chapter 2.—FOREIGN MILITARY SALES AUTHORIZATIONS 21. CASH SALES FROM STOCK.—The President may sell defense articles from the stocks of the Department of Defense and defense services of the Department of Defense to any friendly country or international organization if such country or international organization agrees to pay not less than the value thereof in United States dollars. Payment shall be made in advance or, as determined by the President to be in the best interests of the United States, within a reasonable I)eriod not to exceed one hundred and twenty days after the delivery of the defense articles or the rendering of the defense services. SEC.

SEC. 22. PROCtiREMENx FOR CASH SALEK.—The President may, with-

out requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of defense articles or defense services for sale for United States dollars to any friendly country or international organization if such country or international organization provides \h^ United States Government with a dependable undertaking (1) to pay the full amount of suchcontract A\'hich will assure the United States Government against any loss on the contract, and (2) to make funds a,vailable in such amounts and at such times as may be required to meet the payments required by the contract, and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due: Provided, That the President may, when he determines it to be in the national interest, accept a dependable undertaking to make full payment within one hundred and twenty days after delivery of the defense articles, or the rendering of the defense services, and appropriations available to the Department of Defense may be used to meet the payments required by the contracts and shall be reimbursed by the amounts subsequently received from the country or international organization: Provided further. That the President may, when he determines it to be in the national interest, enter into sales agreements with purchasing countries or international organizations which fix prices to be paid by the purchasing countries or international organizations for the defense articles or defense services ordered. Funds made available under section 31 for financing sales shall be used to ^°*'' P- '324. reimburse the applicable appropriations in the amounts required by the

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 1324

Report to Congress.

Waiver.

PUBLIC LAW 90-629-OCT. 22, 1968

[82 STAT.

contracts which exceed the price so fixed, except that such reimbursement shall not be required upon determination by the President that the continued production of the defense article being sold is advantaj^eous to the Armed Forces of the United States. Payments by purchasing countries or international organizations which exceed the amounts required by such contracts shall be transferred to the general fund of the Treasury. To the maximum extent possible, prices fixed under any such sales agreement shall be sufficient to reimburse the United States for the cost of the defense articles or defense services ordered. The President shall submit to the Congress promptly a detailed report concerning any fixed-price sales agreement under which the aggregate cost to the United States exceeds the aggregate amount required to be paid by the purchasing country or international organization. No sales of unclassified defense articles shall be made to the government of any economically developed nation under the provisions of this section unless such articles are not generally available for purchase by such nations from commercial sources in the United States: Provided, however. That the President may waive the provisions of this sentence when he determines that the waiver of such provisions is in the national interest. SEC. 23. CREDIT SALES.—The President is hereby authorized to finance procurements of defense articles and defense services by friendly countries and international organizations on terms of repayment to the United States Government of not less than the value thereof in United States dollars within a period not to exceed ten years after the delivery of the defense articles or the rendering of the defense services. SEC. 24. GUARANTIES.—(a) The President may guarantee any individual, corporation, partnership, or other juridical entity doing business in the United States (excluding United States Government agencies) against political and credit risks of nonpayment arising out of their financing of credit sales of defense articles and defense services to friendly countries and international organizations. Fees shall be charged for such guaranties. (b) The Presic^nt may sell to any individual, corporation, partnership, or other juridical entity (excluding United States Government agencies) promissory notes issued by friendly countries and international organizations as evidence of their obligations to make repayments to the United States on account of credit sales financed under section 23, and may guarantee payment thereof. (c) Funds made available pursuant to section 31 shall be obligated in an amount equal to 25 per centum of the contractual liability related to any guaranty issued under this section, and all the funds so obligated shall constitute a single reserve for the payment of claims under such guaranties. Any funds so obligated which are deobligated from time to time during any current fiscal year as being in excess of the amount necessary to maintain a fractional reserve of 25 per centum of the contractual liability under outstanding guaranties shall be transferred to the general fund of the Treasury. Any ^ a r a n t i e s issued hereunder shall be backed by the full faith and credit of the United States. Chapter 3.—MILITARY EXPORT CONTROLS SEC. 31. AUTHORIZATION AND AGGREGATE CEILING ON FOREIGN M I L I TARY SALES CREDITS.—(a) There is hereby authorized to be appropri-

ated to the President to carry out this Act not to exceed $296,000,000 for the fiscal year 1969. Unoibligated balances of funds made available

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PUBLIC LAW 90-629-OCT. 22, 1968

1325

pursuant to this section are hereby authorized to be continued available by appropriations legislation to carry out this Act. (b) The aggregate total of credits^ or participations in credits, extended pursuant to this Act (excluding credits covered by guaranties issued pursuant to section 24(b)) and of the face amount of guaranties issued pursuant to sections 24(a) and (b) during the fiscal year 1969 shall not exceed $296,000,000. SEC. 32. PROHIBITION AGAINST CERTAIN MILITARY EXPORT F I N A N C ING BY EXPORT-IMPORT BANK.—Notwithstanding any other provision

of law, no funds or borrowing authority available to the ExportImport Bank of the United States shall be used by such Bank to participate in any extension of credit in connection with any agreement to sell defense articles and defense services entered into with any economically less developed country after June 30, 1968. SEC. 33. REGIONAL CEILINGS ON FOREIGN MILITARY SALES.— (a)

The

aggregate of the total amount of military assistance pursuant to the Foreign Assistance Act of 1961, as amended, of cash sales pursuant to sections 21 and 22, of credits, or participations in credits, financed pursuant to section 23 (excluding credits covered by guaranties issued pursuant to section 2 4 (b)), of the face amount of contracts of guaranty issued pursuant to sections 24(a) and (b), and of loans and sales in accordance with section 7307 of title 10, United States Code, shall, excluding training, not exceed $75,000,000 in the fiscal year 1969 for Laitin American countries. (b) The aggregate of the total amount of military assistance pursuant to the Foreign Assistance Act of 1961, as amended, of cash sales pursuant to sectionjs 21 and 22, of credits, or participations in credits, financed pursuant to section 23 (excluding credits covered by guaranties issued pursuant to section 2 4 (b)), and of the face amount of contracts of guaranty issued pursuant to sections 24(a) and (b) shall, excluding training, not exceed $40,000,000 in the fiscal year 1969 for African countries. (c) The President may waive the limitations of this section when he determines it to be important to the security of the United States, and promptly so reports to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.

75 Stat. 42422 USC 2151 note. Ante, p. 1323. Ante, p. 1324. 70A Stat. 452.

Report.

SEC. 34. FOREIGN MILITARY SALES CREDIT STANDARDS.—The President

shall establish standards and criteria for credit and guaranty transactions under sections 23 and 24 in accordance with the foreign, national security, and financial policies of the United States. SEC. 35. FOREIGN MILITARY SALES TO LESS DEVELOPED COUNTRIES.—

(a) When the President finds that any economically less developed country is diverting development assistance furnished pursuant to (he Foreign Assistance Act of 1961, as amended, or sales under the Agricultural Trade Development and Assistance Act of 1954, as amended, to military expenditures, or is diverting its own resources to 8068 Stat. 454; Stat. 1526. unnecessary military expenditures, to a degree which materially inter- 7 USC 1691 feres with its development, such country shall be immediately ineligi- "°** ble for further sales and guarantees under sections 21^ 22, 23, and 24, until the President is assured that such diversion will no longer take place, (b) The President shall transmit to the Speaker of the House Report. of Representatives and to the Committee on Foreign Relations of the Senate semianimal reports of sales, and guaranties, to economically less developed countries, under sections 21,22, 23, and 24, disclosing in detail the countries extended sales guaranties and credits and the terms and conditions of such sales, guaranties and credits; concurrently the President shall transmit semiannual reports of forecasts Report. of sales and of guaranty and credit applications and anticipated

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PUBLIC LAW 9 0 - 6 2 9 - OCT. 22, 1968

[82 STAT.

guaranty and credit extensions to economically less developed countries for the current fiscal year. SEC.

22 USC f934. Ante, Ante,

p. 1323p. 1324.

36. REPORTS ON COMMERCIAL AND GOVERNMENTAL. MILITARY

EXPORTS.—(a) The Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate semiannual reports of all exports during the preceding six months of significant defense articles on the United States munitions list to any foreign government, international organization, or other foreign recipient or purchaser, by the United States under this Act or any other authority, or by any individual, corporation, partnership, or other association doing business in the United States. Such reports shall include, but not be limited to, full information as to the particular defense articles so exported, the particular recipient or purchaser, the terms of the export, including its selling price, if any, and such other information as may be appropriate to enable the Congress to evaluate the distribution of United States defense articles abroad. I n preparing such reports the Secretary of State is authorized to utilize the latest statistics and information available in the various departments and agencies of the Government. (b) There shall be included in the presentation material submitted to the Congress during its consideration of amendments to this Act, or of any Act appropriating funds pursuant to authorizations contained in this Act, annual tables disclosing the dollar value of cash and credit foreign military sales orders, commitments to order, and estimated future orders under this Act and estimates of commercial sales orden? and commitments to order received directly from any country or international organization by any individual, corporation, partnership, or other association doing business in the United States. The data reported shall be set forth on a country-by-country basis and shall be summarized on an economically developed country-economically less developed country basis. (c) Nothing in this section shall be construed as modifying in any way the provisions of section 414 of the Mutual Security Act of 1954, as amended, relating to munitions control. SEC. 37. FISCAL PROVISIONS RELATING TO FOREIGN MILITARY SALES

CREDITS.— (a) Cash payments received under sections 21 and 22 and advances received under section 23 shall be available solely for payments to suppliers (including the military departments) and refunds to purchasers and shall not be available for financing credits and guaranties. (b) Amounts received from foreign governments and international organizations as repayments for credits extended pursuant to section 23, amounts received from the disposition of instruments evidencing indebtedness, and other collections (including fees and interest) shall be transferred to the miscellaneous receipts of the Treasury. Chapter 4.—GENERAL, ADMINISTRATIVE, A N D MISCELLANEOUS PROVISIONS 41. EFFECTIVE DATE.—This Act shall take effect on July 1, 1968. 42. GENERAL PROVISIONS.—(a) I n carrying out this Act, special emphasis shall be placed on procurement in the United States, but consideration shall also be given to coproduction or licensed production outside the United States of defense articles of United S t a t ^ origin when such production best serves the foreign policy, national security, and economy of the United States. I n evaluating any sale proposed to be made pursuant to this Act, there shall be taken into consideration SEC. SEC.

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 82 STAT. ]

PUBLIC LAW 90-629-OCT. 22, 1968

(1) the extent to which the proposed sale damages or infringes upon licensing arrangements whereby United States entities have granted licenses for the manufacture of the defense articles selected by the purchasing country to entities located in friendly foreign countries, which licenses resuU in financial returns to the United States, and (2) the portion of the defense articles so manufactured which is of United States origin. (b) Funds made available under this Act may be used for procurement outside the United States only if the President determines that such procurement will not result in adverse effects upon the economy of the United States or the industrial mobilization base, with special reference to any areas of labor surplus or to the net position of the United States in its balance of payments with the rest of the world, which outweigh the economic or other advantages to the United States of less costly procurement outside the United States. (c)(1) With respect to sales and guaranties under sections 21, 22, 23, and 24, the Secretary of Defense shall, under the direction of the President, have primary responsibility for— (A) the determination of military end-item requirements j (B) the procurement of military equipment in a manner which permits its integration with service programs; (C) the supervision of the training of foreign military personnel; (D^ the movement and delivery of military end-items; and (E) within the Department of Defense, the performance of any other functions with respect to sales and guaranties. (2) The establishment of priorities in the procurement, delivery, and allocation of military equipment shall, under the direction of the President, be determined by the Secretary of Defense. SEC. 43. ADMINISTRATIVE EXPENSES.—Funds made available under other law for the operations of United States Government agencies carrying out functions under this Act shall be available for the administrative expenses incurred by such agencies under this Act. SEC. 44. STATUTORY CONSTRUCTION.—No provision of this Act shall be construed as modifying in any way the provisions of the Atomic Energy Act of 1954, as amended, or section 7307 of title 10 of the United States Code. SEC. 45. STATUTES REPEALED AND AMENDED.— (a) Sections 521, 522, 523, 524(b)(3), 525, 634(g), and 640 of the Foreign Assistance Act of 1961,asamended, are hereby repealed. (b) Part III of the Foreign xVssistance Act of 1961, as amended, is amended as follows: (1) Section 622(b) is amended by striking out "or sales". (2) Section 622(c) is amended by striking out "and sales" and "or sales". (3) Section 632(d) is amended by striking out "sections 506, 522, and 523," in the first sentence and inserting in lieu thereof "section 506". (4) Section 634(d) is amended by inserting "or any other" between "under this" and "Act" in the fourth sentence. (5) Section 644(m) is amended by striking out "and sales" in the first sentence of the paragraph following numbered paragraph (3). (c) References in law to the provisions of law repealed by subsection (a) of this section shall hereafter be deemed to be references to this Act or appropriate provisions of this Act. Except for the laws specified in section 44, no other provision of law shall be deemed to

1327

^"'«' PP- 1323, ^^^^'

^s Stat. 919^. note. ^'"^ 7OA Stat. 452. 22 USC 2341^390;^^^'*' 22 USC 2382. 22 USC 2392. 22 USC 2394. 22 USC 2403.

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PUBLIC LAW 90-630-OCT. 22, 1968

[82 STAT.

apply to this Act unless it refers specifically to this Act or refers generally to sales of defense articles and defense services under any Act. SEC. 46. SAVING PROVISIONS.—Except as may be expressly provided

to the contrary in this Act, all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law repealed by section 45(a).shall continue in full force and effect until modified by appropriate authority. Approved October 22, 1968.

Public Law 90-630 October 22, 1968 [H.R. 11394]

AN ACT To amend certain provisions of the Internal Revenue Code of 1954 relating to distilled spirits, and for other purposes. Be it enacted by the Senate and House of Representatives

of the

Taxes. Distilled spirits. United States of America in Congress assembled, That paragraph (1) of section 5008(c) of the Internal Revenue Code of 1954 (relating to 72 Stat. 1324. 26 USC 5008. loss or destruction of distilled spirits) is amended—

46 Stat. 694; 49 Stat. 1960.

72 Stat. 1366.

(1) by striking out "before the completion of the bottling and casing or other packaging of such spirits for removal from the bottling premises" and inserting in lieu thereof "before removal from the premises", and (2) by inserting after "such loss occurred" in subparagraph (B) the following: " (i) before the completion of the bottling and casing or other packaging of such spirits for removal from the bottling premises and ( i i) '. SEC. 2. (a) The second sentence of section 5062(b) of the Internal Revenue Code of 1954 (relating to drawback in the case of exportation of distilled spirits) is amended to read as follows: " I n the case of distilled spirits, the preceding sentence shall not apply unless the claim for drawback is filed by the bottler or packager of the spirits and unless such spirits have been stamped or restamped, and marked, especially for export, under regulations prescribed by the Secretary or his delegate." (b) The second paragraph of section 313(d) of the TarilT Act of 1930, as amended (19 U.S.C. 1313(d)) (relating to drawback) is amended— (1) by inserting "or determined" after "been paid" each place it appears, (2) by striking out the colon and the proviso, and (3) by adding at the end thereof the following new sentence: "In the case of distilled spirits, the preceding sentence shall not apply unless the claim for drawback is filed by the bottler or packager of the spirits and unless such spirits have been stamped or restamped, ana marked, especially for export, under regulations prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury." SEC. 3. (a) Section 5232 of the Internal Revenue Code of 1954 (relating to imported distilled spirits) is amended to read as follows: "SEC. 5232. IMPORTED DISTILLED SPIRITS. "(a)

TRANSFER TO DISTILLED SPIRITS PLANT W I T H O U T PAYMENT OF

TAX.—Imported distilled spirits in bulk containers may, under such regulations as the Secretary or his delegate shall prescribe, be withdrawn from customs custody and transferred in such bulk containers or by pipeline to the bonded premises of a distilled spirits plant with-

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 82 STAT. ]

PUBLIC LAW 90-630-OCT. 22, 1968

out payment of the internal revenue tax imposed on imported distilled spirits by section 5001. The person operating the bonded premises of the distilled spirits plant to which such spirits are transferred shall become liable for the tax on distilled sjjirits withdrawn from customs custody under this section upon release of the spirits from customs custody, and the impoiter shall thereupon be relieved of his liability for such tax. "(b) WITHDRAWALS, ETC.—Imported distilled spirits transferred pursuant to subsection (a) — " (1) may not be bottled in bond under section 5233, "(2) may be redistilled or denatured only if of 185 degrees or more of proof, and "(3) may be withdrawn for any purpose authorized by this chapter, in the same manner as domestic distilled spirits." (b) Headnote 3 for part 12 of schedule 1 of the Tariff Schedules of the United States (19 U.S.C. sec. 1202) is amended to read as follows: "3. The duties prescribed on products covered by this part are in addition to the internal-revenue taxes imposed under existing law or any subsequent Act. The duties imposed on products covered by this part which are subject also to internal-revenue taxes are imposed only on the quantities subject to such taxes; except that, in the case of distilled spirits transferred to the bonded premises of a distilled spirits plant under the provisions of section 5232 of the Internal Revenue Code of 1954, the duties are imposed on the quantity withdrawn from customs custody."' SEC. 4. (a) For purposes of subsection (b), the effective date of this Act is the first day of the first calendar month which begins more flian 90 days after the date of the enactment of this Act. (b) The amendments made by the first section of this Act shall apply only to losses sustained on or after such effective date. The amendments made by section 2 shall apply only to articles exported on or after such effective date. The amendments made by section 3 shall apply only to withdrawals from customs custody on or after such effective date. SEC. 5. (a) Section 175(c)(1) of the Internal Revenue Code of 1954 (relating to soil and water conservation expenditures) is amended by striking out the last sentence and inserting in lieu thereof the tollowing: "Notwithstanding the preceding sentences, such term also includes any amount, not otherwise allowable as a deduction, paid or incurred to satisfy any part of an assessment levied by a soil or water conservation or drainage district to defray expenditures made by such district (i) which, if paid or incurred by the taxl^ayer, would without regard to this sentence constitute expenditures deductible under this section, or (ii) for property of a character subject to the allowance for depreciation provided in section 167 and used in the soil or water conservation or drainage district's business as such (to the extent that the taxpayer's share of the assessment levied on the members of the district for such property does not exceed 10 percent of such assessment)," (b) Section 175 of such Code is amended by adding at the end thereof the following new subsection: "(f) RULES APPLICABLE TO ASSESSMENTS FOR DEPRECIABLE PROPERTY.— "(1) AMOUNTS TREATED AS PAID OR INCURRED OVER 9-YEAR

PERIOD.—In the case of an assessment levied to defray expenditures for property deecribed in clause (ii) of the last sentence of subsection (c)(1), if the amount of such assessment paid or incurred by the taxpayer during the taxable year (determined without the application of this paragraph) is in excess of an

1329 ^^ Stat. isu-

77A Stat. 63.

^"'^' P- ^328. Effective date,

^/„°^^,^"fi;^^^*' pendft'irres"" ^"^ ^^^ Stat. 67. 26 USC 175.

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PUBLIC LAW 90-630-OCT. 22, 1968

[82 STAT.

amount equal to 10 percent of the aggregate amounts which have been and will be assessed as the taxpayer's share of the expenditures by the district for such property, and if such excess is more than $500, the entire excess shall be treated as paid or incurred ratably over each of the 9 succeeding taxable years. " (2) DISPOSITION OF LAND DURING 9-YEAR PERIOD.—If paragraph

(1) applies to an assessment and the land with respect to which such assessment was made is sold or otherwise disposed of by the taxpayer (other than by the reason of his death) during the 9 succeeding taxable years, any amount of the excess described in paragraph (1) which has not been treated as paid or incurred for a taxable year ending on or before the sale or other disposition shall be added to the adjusted basis of Such land immediately prior to its sale or other disposition and shall not thereafter be treated as paid or incurred ratably under paragraph (1). " (3) DISPOSITION BY REASON OF DEATH.—If

Effective date.

Denial of exemption. 68A Stat. 16826 USC 504-

Charitable deductions, limitation.

Effective date.

64 Stat. 954, 958.

paragraph

(1)

applies to an assessment and the taxpayer dies during the 9 succeeding taxable years, any amount of the excess described in paragraph (1) which has not been treated as paid or incurred for a taxable year ending before his death shall be treated as paid or incurred in the taxable year in which he dies." (c) The amendments made by subsections (a) and (b) shall apply to assessments levied after the date of the enactment of this Act in taxable years ending after such date. SEC. 6. (a) Section 504(a) of the Internal Revenue Code of 1954 (relating to denial of exemption) is amended by inserting after the second sentence thereof the following new sentence: "Paragraph (1) shall not apply to income attributable to property transferred to a t r u ^ before January 1, 1951, by the creator of such trust, if such trust was irrevocable on such date and if such income is required to be accumulated pursuant to the mandatory terms (as in effect on such date and at all times thereafter) of the instrument creating such trust." (b) Section 681(c) of such Code (relating to limitation on charitable deduction of trusts by reason of accumulated income) is amended by inserting after the second sentence thereof the following new sentence: "Paragraph (1) shall not apply to income attributable to property transferred to a trust before January 1, 1951, by the creator of such trust, if such trust was irrevocable on such date and if such income is required to be accumulated pursuant to the mandatory terms (as in effect on such date and at all times thereafter) of the instrument creating such trust," (c) The amendments made by subsection (a) and (b) shall apply with respeot to taxable years beginning after December 31, 1953, and ending after August 16, 1954. For purposes of section 3814 and 162 (g)(4) of the Internal Revenue Code of 1939, provisions having the same effect as such amendments shall be treated as included in such sections effective with respect to taxable years beginning after Deceml)er 31, 1950. Approved October 22, 1968.

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 82 STAT. ]

PUBLIC LAW 90-631-OCT. 23, 1968

1331

Public Law 90-631 AN ACT

October 23, 1968

To amend title 38 of the United States Code with respect to eligibility for, and the period of limitation on, educational assistance available under part III of such title, and for other purposes.

[H.R. 1(5025]

Be it enacted by the Senate and House of Representatives of t)he Veterans. United States of America in Congress assembled, That (a) section Vocational re1502(b) of title 38, United States Code, is amended by adding at the habmrati end thereof the following new sentence: "If the veteran has pursued ^2 Stat. U7i. an educational or training program under chapters 33 (prior to its repeal), 34 or 35 of this title, such program shall be utilized to the fullest extent practical in determining the character and duration of the vocational rehabilitation to be furnished him under this chapter." (b) Section 1661 of title 38, United States Code, is amended— sistlnce^e'u V"' (1) by amending subsection (a) to read as follows: biuty"'^'' " ^^^ QSsi) Except as provided in subsection (c) and in the second sen-\ so Stat. 13. tence of this subsection, each eligible veteran shall be entitled to \ educational assistance under this chapter for a period of one and 4'n,#f-»*'<" one-half months (or the equivalent thereof in part-time educational ii^<-v4%»,#f.»«..*5f assistance) for each month or fraction thereof of his service on active duty after January 31, 1955Nlf an eligible veteran has served a period of 18 months or more on active duty after January 31, 1955, and has been released from such service under conditions that would satisfy his active duty obligation, he shall be entitled to educational assistance under this chapter tor a period of 36 months (or the equivalent thereof in part-time educational assistance).", (2) by striking out subsections (b) and (d), (3) by redesignating subsection (c) as subsection (b), and (4) by adding at the end thereof the following new subsection: "(c) Except as provided in subsection (b) and in section 1678 of this title, no eligible veteran shall receive educational assistance under this chapter in excess of thirty-six months." (c) Section 1711 of title 38, United States Code, is amended by ^g^^tf^^g^^^^*' striking out subsections (b) and (c), and by redesignating subsection (d) as subsection (b). (d)(1) Subchapter II of chapter 36 of title 38, United States Code, 8° Stat. 21-23. is amended by adding at the end thereof the following new section: ^§1791^ Limitation on period of assistance under two or more programs "The aggregate period for which any person may receive assistance under two or more of the laws listed below— "(1) parts VII or VIII, Veterans Regulation numbered 1 (a), ^ l * usc^1952 as amended; 72 Stat. 1272'. "(2) title II of the Veterans' Readjustment Assistance Act ee Stat. 663. of 1952; "(3) the W a r Orphans' Educational Assistance Act of 1956; 7o Stat. 411. "(4) Chapters 31, 34, and 35 of this title, and the former ^gfj "f^^^^1501^^ chapter 33 . . may not exceed forty-eight months (or the part-time equivalent thereof), but this section shall not be deemed to limit the period for which assistance may be received under chapter 31 alone." (2) The table of sections of chapter 36 of title 38, United States Code, is amended by adding at the end thereof the following: "1791. Limitation on period of assistance under two or more programs."

SEC. 2. (a)(1) Subchapter I of chapter 35 of title 38, United States Code, is amended by inserting immedia/tely before section 1701 the following new section:

^2 Stat. 1193. ^* "^^ ^^°^'

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 1332 War orphans' sfsTan'ce"^ ^^'

PUBLIC LAW 90-631-OCT. 23, 1968

[82 STAT.

"§1700. Purpose a-j^j^^ Cougi'ess herebv dec'hires thsit the eduoatioiial prjrram establislied by this chapter is for the purpose of providing opix)rtunities for education to children whose education would otherwise be impeded •or interrupted by reason of the disability or death of a parent from a disease or injury incurred or aggravated in the Armed Forces after the beginning of the Spanish-American War, and for the purpose of aiding such children in attaining the educational status which they might normally have aspired to and obtained but for the disability or death of such parent. The Congress further declares that the educational program extended to the widows of veterans who died of serviceconnected disabilities and to wives of veterans with a service-connected total disability permanent in nature is for the purpose of assisting them in preparing to support themselves and their families at a standard of living level which the veteran, but for his death or service disability, could have expected to provide for his family." (2) The table of sections of chapter 85 of title 38, Ignited States Code, is amended by adding immediately before "1701. Definitions." the following: "1700. Purpose."

72 Stat. 1193.

(b) Paragraph (1) of section 1701(a) of title 38, Ignited States Code, is amended to read as follows: "(1) The term 'eligible person" means— " (A) a child of a person who— " (i) died of a service-connected disability, or "(ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence, " (B) the widow of any person who died of a service-connected disability, or " (C) the wife of any person who has a total disability permanent in nature resulting from a service-connected disability, or the widow of a veteran who died while a disability so evaluated was in existence, arising out of active military, naval, or air service after the beginning of the Spanish-American War, but only if such service did not terminate under dishonorable conditions. The standards and criteria for determining whether or not a disability arising out of such service is service connected shall be those applicable under chapter 11 of this title." 78 Stat. 297. (c) Subsection (d) of section 1701 of title 38, United States Code, is amended to read as follows: " (d) No eligible person may be aiforded educational assistance under this chapter unless he was discharged or released after each period he was on duty with the Armed Forces under conditions other than dishonorable, or while he is on duty with the Armed Forces." Ante. p. 1331. (d) Sujjsection (b) of section 1711 of title 38, United States Code (as redesignated by subsection (c) of the first section of this Act), is amended to read as follows: " (b) If any eligible jjerson pursuing a program of education, or of special restorative training, under this chapter ceases to be an 'eligible I>erson' because— "(1) the parent or spouse from whom eligibility is derived is found no longer to have a 'total disability permanent in nature*, as defined in section 1701(a) (10) of this title, or "(2) she, as an eligible person under section 1701(a)(1)(C) of this title, is divorced, without fault on her part, from the person upon whose disability her eligibility is based.

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 82 STAT. ]

PUBLIC LAW 90-631-OCT. 23, 1968

.

1333

then such eligible person (if he or she has sufficient remaining entitlement) may, nevertheless, be afforded educational assistance under this chapter until the end of the quarter or semester for which enrolled if the educational institution in which he or she is enrolled is operated on a quarter or semester system, or if the educational institution is not so operated until the end of the course, or until nine weeks have expired, whichever first oc<!urs." (e) Section 1712 of title 38, United States Code, is amended— 72 Stat. 1194. (1) by inserting immediately after "eligible person" the first place where it appears in subsection (a) thereof the following: "(within the meaning of section 1701(a)(1)(A)) ", and (2)by amending subsection (b) thereof to read as follows: '•(b) No person made eligible by section 1701(a)(1)(B) or (C) of this chapter may be afforded educational assistance under this chapter beyond eight years after whichever last occurs: " (1) the date on which the Administrator first finds the spouse from whom eligibility is derived has a service-connected total disability permanent in nature, or "(2) the date of death of the spouse from whom eligibility is derived." (f) I n the case of any person who is an eligible person by reason of subparagraph (B) or (C) of section 1701(a)(1) of title 38, United States Code (as added by subsection (b) of this section), if the date of death or the date of the determination of service-connected total disability permanent in nature of the person from whom eligibility is derived occurred before the effective date of this section, the eightyear delimiting period referred to in section 1712(b) of such title (as amended by subsection (e)(2) of this section) shall run from such effective date. (g) Section 1720 of title 38, United States Code, is amended— ^2 Stat. 1195. (1) by inserting " (a) " immediately before the first word there(2) by inserting in the first sentence thereof immediately after "assistance" and before the comma the following: "for a person eligible within the meaning of section 1701(a)(1)(A) "; and (3) by adding at the end thereof the following new subsection: " (b) The Administrator may, on request, arrange for educational counseling for persons eligible for educational assistance under section 1701(a)(1)(B) or (C) of this chapter." (h)(1) The heading of chapter 35 of title 38, United States Code, is amended by inserting "AND WIDOWS' " immediately after "WAR ORPHANS*". (2) The analysis of part III of title 38, United States Code, and the analysis of such title, are each amended by striking out: ".*?.">. War Orphan's Educationial Assistance

1701"

and inserting in lieu thereof: "35. War Orphans' and Widows' Educational Assistance

1700".

SEC. 3. (a) Paragraph (2) of section 1682(c) of title 38, United States Code, is amended to read as follows: "(2) The period of entitlement of any eligible veteran who is pursuing any program of education exclusively by correspondence shall be charged with one month for each $130 which is paid to the veteran as an educational assistance allowance for such course." (b) Section 1682 of title 38, United States Code, is amended— (1) by inserting after "program" where it first appears in subsection (a)(2) the following: ", other than a 'farm cooperative' program,"; and

so Stat. is.

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 1334

PUBLIC LAW 90-631-OCT. 23, 1968

[82 STAT.

(2) by amending subsection (d) to read as follows: ''(d)(1) An eligible veteran who is enrolled in an educational institution for a 'fa.rm cooperative" program consisting of institutional agricultural courses prescheduled to fall within 44 weeks of any period of 12 consecutive months and who pvirsues such program on— " (A) a full-time basis (a minimum of 12 clock hours per week), " (B) a three-quarter-time basis (a minimum of 9 clock hours per week), or " (C) a half-time basis (a minimum of 6 clock hours per week) shall be eligible to receive an educational assistance allowance at the appropriate rate provided in the table in paragraph (2) of this subsection, if such eligible veteran is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Administrator. "(2) The monthly educational assistance allowance of an eligible veteran pursuing a farm cooperative program under this chapter shall be paid as set forth in column IT, III, IV, or V (whichever is applicable as determined by the veteran's dependency status) opposite the pasis shown in column I: " Column I

Column II

Column III

Column r v

Column V

Basis

Nodependents

One dependent

Two dependents

More than two dependents The amount in Column rv, plus the following for each dependent in excess of two:

Full-time Three-quarter-time_. Half-time__ 77 Stat. 159.

$105 75 50

$125 90 60

$145 105 70

$7 5 3".

SEC. 4. Section 1774 of title 38, United States Code, is amended— (1) by inserting " (a) " inmiediately before the first word thereof, (2) by inserting immediately after "expenses of salary and travel incurred by employees of such agencies" in the first sentence thereof the following: "and an allowance for administrative expenses in accordance with the formula contained in subsection (b; of this section", and (3) by adding at the end thereof the following new subsection: " (b) The allowance for administrative expenses incurred pursuant to subsection (a) of this section shall be paid in accordance with the following formula: "Total salary cost reimbursable Allowance for administrative expense under this section $5,000 or less $250. Over $5,000 but not exceeding $10,000— $450. Over $10,000 b u t not exceeding $35,000. $450 for the first $10,000 plus $400 for each additional $5,000 or fraction thereof. Over $3.'),00 but not exceeding $40,000- $2,625. Over $40,000 but not exceeding $75,000. $2,625 for the first $40,000 plus $350 for each additional $5,000 or fraction thereof. Over $75,000 but not exceeding $80,000. $5,225. $5,225 for the first $80,000 plus $300 for Over $80,000 each additional $5,000 or fraction thereof."

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PUBLIC LAW 90-632-OCT. 24, 1968

1335

SEC, 5. The second sentence of section 1677(b) of title 38, United ^^ ^'^'- ^^sStates Code, is amended to read as follows: "Such allowance shall be paid monthly upon receipt of a certification from the eligible A'eteran and the institution as to the actual flight training received by, and the cost thereof to, the veteran during such month." SEC. 6. (a) The amendments made by the first section and sections Effective date. 2, 3, and 5 of this Act shall take effect on the first day of the second ^"'^' P- '33I, calendar month which begins after the date of the enactment of this ^^^^' ^^^^ Act. (b) The amendments made by section 4 of this Act shall apply ^"^^' P- '334. with respect to contracts and agreements entered into under section 1774 of title 38, United States Code, effective for periods beginning after June 30, 1968. Approved October 23, 1968.

Public Law 90-632 AN ACT

To increase the participation of military judges and counsel on courts-martial, and for other purposes.

October 24, 1968

[H.R. I597I] ^ "'

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Military justice cited as the "Military Justice Act of 1968". "'°'' ^^^• SEC. 2. Chapter 47 (Uniform Code of Military Justice) of title 10, United States Code, is amended as follows: (1) Section 801 (10) (article 1 (10)) is amended to read as folloAVs: ^OA Stat. 37. "(10) 'Military judge' means an official of a general or special court-martial detailed in accordance with section 826 of this title (article 26).". (2) Section 806(c) is amended by striking out "law officer" and inserting in lieu thereof "military judge". (3) Section 816 (article 16) is amended to read as follows: "§ 816. Art. 16. Courts-martial classified "The three kinds of courts-martial in each of the armed forces are— "(1) general courts-martial, consisting of— " (A) a militar}^ judge and not less than five members; or " (B) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves; "(2) special courts-martial, consisting of— " (A) not less than three members; or " (B) a military judge and not less than three members; or " (C) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and "(3) summary courts-martial, consisting of one commissioned officer." (4) Section 818 (article 18) is amended by adding the following .sentence at the end thereof: "However, a general court-martial of the kind specified in section 816(1)(B) of this title (article 16(1)(B)) shall not have jurisdiction to try any person for any offense for which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case." (5) Section 819 (article 19) is amended by striking out the last sentence and inserting the following sentence in place thereof: "A bad-

96-600 O - 69 - 87

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 1336

70AStat. 46;

70A Stat. 43.

Post, p. 1338-

10 USC 822 829.

PUBLIC LAW 90-632-OCT. 24, 1968

[82 STAT.

conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. I n any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed." (g) Xhe jsecoud and third sentences of section 820 (article 20) are amended to read as follows: "No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate." (7) Section 825(c)(1) (article 25(c)(1)) is amended— (A) by striking out "before the convening of the court," in the first sentence and inserting "before the conclusion of a session called by the military judge under section 83&(a) of this title (article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused," in place thereof; and (B) by striking out "convened" in the last sentence and inserting "assembled" in place thereof. (8) Subchapter V is amended by striking out the following item in the analysis: "826.26. Law officer of a general court-martial." and inserting the following item in place thereof: "826. 26. Military judge of a general or special court-m>artial." (9) Section 826 (article 26) is amended to read as follows: ''§826. Art. 26. Military judge of a general or special courtmartial " (a) The authority convening a general court-martial shall, and, subject to regulations of the Secretary concerned, the authority convening a special court-martial may, detail a military judge thereto. A military judge shall preside over each open session of the courtmartial to which he has been detailed. " (b) A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be (lualified for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member. "(c) The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail by the convening authority, and, unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him

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