text:
Page:United States Statutes at Large Volume 81.djvu/798

 764

70A Stat. 614.

Repeals. 10 USC 3611; 3612, 8611, 8612. Repeal.

PUBLIC LAW 90-236-JAN. 2, 1968

[81 STAT.

" (b) When an enlisted member of an armed force is discharged for bad conduct, undesirability, unsuitability, inaptitude, or otherwise than honorably— "(1) the exterior articles of uniform in his possession shall be retained for military use; "(2) under such regulations as the Secretary concerned prescribes, a suit of civilian clothing and an overcoat when necessary, both to cost not more than $30, may be issued to him; and "(3) if he would be otherwise without funds to meet his immediate needs, he may be paid an amount, fixed by the Secretary concerned, of not more than $25. "(c) When an efllisted member of the Army National Guard or the Air National Guard who has been called into Federal service is released from that service, the exterior articles of uniform in his possession shall be accounted for as property issued to the Army National Guard or the Air National Guard, as the case may be, of the State or territory, Puerto Rico, the Canal Zone, or the District of Columbia of whose Army National Guard or Air National Guard he is a member, as prescribed in section 708 of title 32."; and (B) by inserting the following new item in the analysis thereof: "771a. Disposition on discharge." (2) Chapters 347 and 847 are repealed. (3) Section 6297 is repealed. (4) The analysis of chapter 569 is amended by striking out the following item: "6297. Disposition of uniform; clothing allowance; emergency funds." (5) The chapter analysis of subtitle B and the chapter analysis of part II of subtitle B are each amended by striking out the following item: "347. The Uniform 3611". (6) The chapter analysis of subtitle D and the chapter analysis of part II of subtitle D are each amended by striking out the following item: "847. The Uniform Approved January 2, 1968.

8611"

Public Law 90-236 January 2, 1968 [H. R. 12961]

Uniformed services. Members in missing s t a t u s. Household effects, storage. 80 Stat. 627.

AN ACT To amend title 37, United States Code, to authorize the nontemporary storage of household effects of members of a missing status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 554^b) of title 37, United States Code, is amended by adding the following new flush sentence: "When he considers it necessary, the Secretary concerned may, with respect to the household and personal effects of a member who is officially reported as absent for a period of more than twenty-nine days in a missing status, authorize the nontemporary storage of those effects for a period of one year, or longer when justified." Approved January 2, 1968.

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Page:United States Statutes at Large Volume 81.djvu/799

 81

STAT.]

PUBLIC LAW 90*237-JAN. 2, 1968

765

Public Law 90-237 AN ACT

January 2, 1968

To amend the Snbversh'e Activities Control Act of 10r>0 so as to accord with ^__I£liiIi;2 certain decisions of the courts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of ^^^^^^l^^^^u^y' the Subversive Activities Control Act of 1950 is amended by adding Act ^oi^x^sQ^^ immediately after paragraph (15) the following new paragraph: amendment. " (16) The findings of fact contained in paragraphs (1) through j j u|c 781.' (15) of this section are reiterated. Recent court decisions involving the registration provisions of this Act make it necessary to enact legislation to accomplish the purposes of such Act without the requirements of registration. Disclosure of Communist organizations and of the members of Communist-action organizations as provided in this Act is essential to the protection of the national welfare." SEC. 2. (a) Paragraphs (3) and (4) of section 3 of such Act are so use 782. amended to read as follows: "(3) The term 'Communist-action organization* means any organi- "Communi«tzation in the United States (other than a diplomatic representative tion!" °'^^"'^^ or mission of a foreign government accredited as such by the Department of State) which (i) is substantially directed, dominated, or controlled by the foreign government or foreign organization controlling the world Communist movement referred to in section 2 of this title, and (ii) operates primarily to advance the objectives of such world Communist movement referred to in section 2 of this title. "(4) The term 'Communist-front organization' means any organi- "communistzation in the United States (other than a Communist-action organiza- uon!""*^^^"'^'' tion as defined in paragraph (3) of this section) which (A) is substantially directed, dominated, or controlled by a Communist-action organization, or (B) is substantially directed, dominated, or controlled by one or more members of a Communist-action organization, and (C) is primarily operated for the purpose of giving aid and support to a Communist-action organization, a Cottimunist foreign government, or the world Communist movement referred to in section 2 of this title." (b) Paragraph (12) of section 3 is amended by inserting "or 13A" immediately after "section 13". SEC. 3. Subsection (f) of section 4 of such Act is amended by strik- ^° "^^ ^^^• ing the last sentence. SEC. 4. Section 5(a) of such Act is amended to read as follows: orgai^^^tion^s. "SEC. 5. (a) When there is in eifect a final order of the Board deter- Employment of mining any organization to be a Communist-action organization or a ^^"^^'•^' P'"'"*Communist-f ront organization, it shall be unlawful— "(1) For any member of such organization, with knowledge or notice of such final order of the Board— " (A) in seeking, accepting, or holding any nonelective office or employment under the United States, to conceal or fail to disclose the fact that he is a member of such organization; or " (B) to hold any nonelective office or employment under the United States; or " (C) in seeking, accepting, or holding employment in any defense facility, to conceal or fail to disclose the fact that he is a member of such organization; or " (D) if such organization is a Communist-action organization, to engage in any employment in any defense facility; or
 * so' use 7S4,

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


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Page:United States Statutes at Large Volume 81.djvu/800

 766

61 Stat. 137.

^^50 USC 786, 64 Stat. 995.

PUBLIC LAW 90-237-JAN. 2, 1968

[81 STAT.

" (E) to hold office or employment with any labor organization, as that term is defined in section 2(5) of the National Labor Relations Act, as amended (29 U.S.C. 152), or to represent any employer in any matter or proceeding arising or pending under that Act. " (2) For any officer or employee of the United States or of any defense facility, with knowledge or notice of such final order of the Board— " (A) to contribute funds or services to such organization; or I. " (B) to advise, counsel or urge any person, with knowledge or notice that such person is a member of such organization, to perform, or to omit to perform, any act if such act or omission would constitute a violation of any provision of paragraph (1) of this subsection." gj,(. 5 Sections 7 and 8 of such Act are hereby repealed. SEC. 6. Section 9 of such Act is amended to read as follows:

50 USC 788. " R E C X) R I > S o r F I N A L ORDERS OF THE BOARD; P U B L I C INSPECTION; REPORTS TO P R E S I D E N T A N D CONGRESS

77^°^^' ^' ^^^' 68 Stat. 778. 50 USC 79 2a.

50 USC 789.

"SEC. 9. (a) The Board shall keep and maintain records, which shall be open to public inspection, giving the names and addresses of all organizations as to which, and individuals as to whom, there are in effect final orders of the Board issued pursuant to any of the provisions of subsections (g) through (j), inclusive, of section 13, or subsection (f) of section 13A. u^|^^ Copies of all public proceedings and hearings before the Board, including the reports and orders of the Board, shall be furnished by the Board to any person upon request and upon the payment of the reasonable costs thereof as then currently fixed by the Board. "(c) The Board shall submit to the President and to the Congress on or before June 1 of each year (and at any other time when requested by either House by resolution) a report giving the names and addresses of all Communist-action, Communist-front, or Communist-infiltrated organizations as to which, and all individual members of Communist-action organizations as to whom, there are in effect such final orders of the Board." gj,(^ Y. Section 10 of such Act is amended to read as follows; " U S E O F THE M A I L S A N D I N S T R U M E N T A L I T I E S OF I N T E R S T A T E OR FOREIGN COMMERCE

"SEC. 10. I t shall be unlawful for any organization with respect to which there is in effect a final order of the Board determining it to be a Communist organization as defined in paragraph (5) of section 3 of this title, or for any person with knowledge or notice of such final order acting for on on behalf of any such organization— "(1) to transmit or cause to be transmitted, through the United States mails or by any means or instrumentality of interstate or foreign commerce, any publication which is intended to be, or which it is reasonable to believe is intended to be, circulated or disseminated among two or more persons, unless such publication, and any envelope, wrapper, or other container in which it is mailed or otherwise circulated or transmitted, bears the following, printed in such manner as may be provided in regulations prescribed by the Attorney General: 'Disseminated by ,' (with the name of the organization in lieu of the blank) 'an organization determined by final order of the Subversive Activities Control Board to be a Communist-

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Page:United States Statutes at Large Volume 81.djvu/801

 Bl

PUBLIC LAW 90-1237-JAN. 2, 1968

STAT.]

organization' (setting forth in lieu of the blank whether action, front, or infiltrated, as the case may be); or "(2) to broadcast or cause to be broadcast any matter over any radio or television station in the United States, unless such matter is preceded by the following statement: 'The following program is sponsored by ,' (with the name of the organization in lieu of the blank) 'an organization determined by final order of the Subversive Activities Control Board to be a Conmiunistorganization' (setting forth in lieu of the blank whether action, front, or infiltrated, as the case may be); or "(3) to use the United States mails or any means, facility, or instrumentality of interstate or foreign commerce, including but not limited to radio and television broadcasts, to solicit any money, property, thing, or service, unless such solicitation if made orally is preceded by the following statement, and if made in writing or in print is preceded by the following written or printed statement: 'This solicitation is made for or on behalf of ,' (with the name of the organization in lieu of the blank) 'an organization determined by final order of the Subversive Activities Control Board to be a Communistorganization' (setting forth in lieu of the blank whether action, front, or infiltrated, as the case may be)." SEC. 8. Section 11 of such Act is amended to read as follows:

767

It 50

f^^^'^c!^'

u s e 790.

a D E N I A L o r TAX DEDUCTIONS A N D E X E M P T I O N S

"SEC. 11, (a) Notwithstanding any other provision of law, no deduction for Federal income tax purposes shall be allowed in the case of a contribution m or for the use of any organization if at the time of the making of such contribution there is in effect a final order of the Board determining such organization to be a Communist-action, Communistfront, or Communist-infiltrated organization. " (b) No organization shall be entitled to exemption from Federal income tax, under section 501 of the Internal Revenue Code of 1954, oe^scf 5o\^^ for any taxable year if at any time during such taxable year there is in effect a final order of the Board determining such organization to be a Communist-action, Communist-front, or Communist-infiltrated organization." SEC. 9. (a) Paragraph (2) of subsection (e) of section 12 of such ^° ^^'^ ^-'^• Act is amended to read as follows: " (2) upon application made by the Attorney General under section 13(a) of this title, or by any individual under section 13(b) Post, p. 768. of this title, to determine w hether any individual is a member of any organization as to which there is in effect a final order of the Board determining such organization to be a Communist-action organization; and", Termination of (b) Section 12 of such Act is amended by adding at the end thereof board. the following new subsection: " (i) The Board shall cease to exist on June 30, 1969, unless in the period beginning on the date of enactment of this subsection and ending on December 31, 1968, a proceeding under this Act shall have been instituted before the Board and a hearing under this Act shall have been conducted by the Board. On or before June 30, 1968, the Attorney cfng^e^s!" General shall report to the Congress on the proceedings he has instituted before the Board under this Act during the period from the enactment of this subsection to the date of the report, and the Board shall report on the progress it has made in conducting hearings under the Act during such period. If no proceedings have been instituted before the Board by the Attorney General, the Attorney General shall report 85-622 0-68—51

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Page:United States Statutes at Large Volume 81.djvu/802

 768

Communist organizations. P e t i t i o n by Attorney-General for determination of membership. 64 Stat. 998. 50 USC 792.

D i s s o l u t i o n of organizations.

Immunity for compelled t e s t i mony.

PUBLIC LAW 90-237-JAN. 2, 1968

[81 STAT.

his reasons for not having done so. If no hearings have been conducted, the Board shall report the reasons for not having done so. Similar reports shall be filed by the Attorney General and the Board on or before January 10, 1969, and each year thereafter, to cover the immediately preceding calendar year." SEC. 10. (a) The caption to section 13 of such Act is amended by striking out "REGISTRATION".

(b) Subsections (a) and (b) of section 13 of such Act are amended to read as follows: " (a) Whenever the Attorney General shall have reason to believe that any organization is a Communist-action organization or a Communist-front organization, or that any individual is a member of an organization which has been determined by final order of the Board to be a Communist-action organization, he shall file with the Board and serve upon such organization or individual, as the case may be, a petition for a determination that such organization is a Communistaction or Communist-front organization, or determining that such individual is a member of such Communist-action organization. Each such petition shall be verified under oath, and shall contain a statement of the facts upon which the Attorney General relies in support thereof. Two or more such individual members of a Communist-action organization or of any section, branch, fraction, cell, board, committee, commission, or unit thereof, may be joined as respondents in one petition for an order determining each of such individuals to be a member of such organization. A dissolution of any organization subsequent to the date of the filing of any petition for a determination that such organization is a Communist-action or Communist-front organization shall not moot or abate the proceeding;s, but the Board shall receive evidence and proceed to a determination of the issues: Provided, however, That if the Board shall find such organization to be a Communist-action or Communist-front organization as of the time of the filing of such petition and prior to its alleged dissolution, and shall find that a dissolution of the organization has in fact occurred, the Board shall enter an order determining such organization to be a Communist-action or Communist-front organization, as the case may be, and the Board shall include it as such in the appropriate records maintained pursuant to section 9 of this title, together with a notation of its dissolution. "(b) Any organization as to which there is in effect a final order of the Board determining it to be a Communist-action or Communistfront organization, and any individual as to whom there is in effect a final order of the Board determining such individual to be a member of a Communist-action organization may, not more often than once in each calendar year, file with the Board and serve upon the Attorney General a petition for a determination that such organization no longer is a Communist-action or Communist-front organization, or that such individual no longer is a member of a Communist-action organization, as the case may be. Each petition filed under this subsection shall be verified under oath, and shall contain a statement of the facts relied upon in support thereof. Upon the filing of any such petition, the Board shall serve upon each party to such proceeding a notice specifying the time and place for hearing upon such petition. No such hearing shall be conducted within twenty days after the service of such notice." (c) Subsection (c) of section 13 of such Act is amended by inserting immediately preceding the last sentence the following new sentence: "No person, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture, shall be excused from testifying or producing documentary evidence before

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Page:United States Statutes at Large Volume 81.djvu/803

 81 STAT.]

PUBLIC LAW 90^237-JAN. 2, 1968

769

the Board in obedience to a subpena of the Board issued on request of the Attorney General when the Attorney General represents that such testimony or evidence is necessary to accomplish the purposes of this title; but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he, under compulsion as provided in this subsection, may testify, or produce evidence, documentary or otherwise, before the Board in obedience to a subpena issued by i t: Provided, That no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying." (d) Subsection (d) of section 13 of such Act is amended by strik- p^rtlesTo appear ing out paragraph (2) and inserting in lieu thereof the following: at hearing. "(2) Where an organization or individual declines or fails to ap- i^^^^/J".""^""""" °^ pear at a hearing accorded to such organization or individual by the 64 Stat. cigg. Board in proceedings initiated pursuant to subsection (a) of this ^o use 792. section, the Board shall, nevertheless, proceed to receive evidence, make a determination of the issues, and enter such order as shall be just and appropriate. Upon failure of an organization or individual to appear at a hearing accorded to such organization or individual in proceedings under subsection (b) of this section the Board may forthwith and without further proceedings enter an order dismissing the petition of such organization or individual. "(3) Any person who, in the course of any hearing before the fol^^e'ol'fdl'pen-^ Board or any member thereof or any examiner designated thereby, aity. shall misbehave in their presence or so near thereto as to obstruct the hearing or the administration of the provisions of this title, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Whenever a statement of fact constituting such misbehavior is reported by the Board to the appropriate United States attorney, it shall be his duty to bring the matter before the grand jury for its action. Jurisdiction of "(4) The authority, function, practice, or process of the Attorney court. General or Board in conducting any proceeding pursuant to the provisions of this title shall not be questioned in any court of the United States, nor shall any such court, or judge or justice thereof, have jurisdiction of any action, suit, petition, or proceeding, whether for declaratory judgment, injunction, or otherwise, to question such authority, function, practice, or process, except on review in the court or courts having jurisdiction of the actions and orders of the Board pursuant to the provisions of section 14, or when such authority, function, practice, or process, is appropriately called into question by the accused or respondent, as the case may be, in the court or courts having jurisdiction of his prosecution or other proceeding (or the review thereof) for any contempt or any offense charged against him pursuant to the provisions of this title." (e) Paragraph (1) of subsection (f) of section 13 of such Act is amended to read as follows: "(1) the extent to which persons who are active in its management, direction, or supervision, whether or not holding office therein, are active in the management, direction, or supervision of, or as representatives or members of, any Communist-action organization, Communist foreign government, or the world Communist movement referred to in section 2; ana". (f) Subsections (g), (h), (i), (j), and (k) of section 13 of such Act are amended to read as follows: " (g) If, after hearing upon a petition filed under subsection (a) of this section the Board determines—

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Page:United States Statutes at Large Volume 81.djvu/804

 770

Ante, p. 768.

Publication in Federal Register.

PUBLIC LAW 90-237-JAN. 2, 1968

[81 STAT.

"(1) that an organization is a Communist-action organization or a Communist-front organization, as the case may be, it shall make a report in writing m which it shall state its findings as to the facts and shall issue and cause to be served on such organization an order determining the organization to be a Communist• action organization or a Communist-front organization as the case may be; or "(2) that an individual is a member of a Communist-action organization it shall make a report in writing in which it shall state its findings as to the facts and shall issue and cause to be served on such individual an order determining such individual to be a member of a Communist-action organization. " (h) If, after hearing upon a petition filed under subsection (a) of this section, the Board determines— " (1) that an organization is not a Communist-action organization or a Communist-front organization, as the case may be, it '• shall make a report in writing in which it shall state its findings ' ' as to the facts and shall issue and cause to be served upon the ^'*' Attorney General an order denying the determination sought by his petition, and shall send a copy of such order to such organization; or "(2) that an individual is not a member of anj Communistaction organization, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and cause to be served upon the Attorney General an order denying the • • determination sought by his petition, and shall send a copy of such order to such individual. " (i) If, after hearing upon a petition filed under subsection (b) of this section, the Board determines— "(1) that an organization no longer is a Communist-action organization or a Communist-front organization, as the case may be, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and cause to be served upon the Attorney General and such organization an order determining that the organization no longer is a Communist-action organization or Communist-front organization as the case may be; or "(2) that an individual no longer is a member of any Communist-action organization^ it shall make a report in writing in which it shall state its findings as to the facts and shall issue and ' an order determining that such individual no longer is a member of a Communist-action organization, "(j) If, after hearing upon a petition filed under subsection (b) of this section, the Board determines— "(1) that an organization is a Communist-action organization or a Communist-front organization, as the case may be, it shall make a report in writing m which it shall state its findings as to the facts and shall issue and cause to be served on such organization an order denying its petition for a determination that the organization no longer is a Communist-action organization or a Communist-front organization as the case may be; or "(2) that an individual is a member of a Communist-action or''••^' ganization, it shall make a report in writing in which it shall state its findings as to the facts and shall issue and cause to be served upon such individual an order denying his petition for a determination that the individual no longer is a member of a Communist-action organization, " (k) When any order of the Board issued under subsection (g), (h), (i), or (i) of this section becomes final under the provisions
 * > cause to be served upon the Attorney General and such individual

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Page:United States Statutes at Large Volume 81.djvu/805

 ^1

STAT.]

PUBLIC LAW 90-237-JAN. 2, 1968

of section 14(b) of this title, the Board shall publish in the Federal Register the fact that such order has become final, and publication thereof shall constitute notice to all persons that such order has become final." SEC. 11. Section 13A of such Act is amended as follows: (1) Subsection (a) of such section is amended by inserting immediately preceding the last sentence the following new sentence: "A dissolution of such organization subsequent to the date of the filing of any petition for a determination that it is Communist-infiltrated, shall nofmoot or abate the proceedings, but the Board shall receive evidence and proceed to a determination of the issues: Provided, however, That if the Board shall determine such organization to be a Communist-infiltrated organization as of the time of the tiling of such petition and prior to its alleged dissolution, and shall find that a dissolution of the organization has in fact occurred, the Board shall enter an order determining such organization to be a Communist-infiltrated organization and the Board shall include it as such in the appropriate records maintained pursuant to section 9 of this title, together with a notation of its dissolution." (2) Subsection (d) of such section is amended to read as follows: " (d) The provisions of subsections (c) and (d) of section 13 shall apply to hearings conducted under this section." SEC. 12. The seventh sentence of subsection (a) of section 14 of such Act is amended to read as follows: "If the court shall set aside an order issued under subsection (j) of section 13, or under subsection (f) of section 13A, it may, in the case of an organization, enter a judgment requiring the Board to issue an order determining that such organization no longer is a Communist-action organization. Communist-front organization, or a Communist-infiltrated organization, as the case may be, or in the case of an individual, enter a judgment requiring the Board to issue an order determining that such individual no longer is a member of a Communist-action organization." SEC. 13. Section 15 of such Act is amended to read as follows:

771 64 Stat. 1001. 50 USC 793.

5^ us^^ 7^923.

'^"'^' ^' ^'°"

a.PENALTIES

"SEC. 15. Any organization which violates any provision of section 10 of this title shall, upon conviction thereof, be punished for each such violation by a fine of not more than $10,000. Any individual who violates any provision of section 5 or 10 of this title shall, upon con- .j^^^^' ^' ^^^' viction thereof, be punished for each such violation by a fine of not more than $10,000 or by imprisonment for not more than five years, or by both such fine and imprisonment." SEC. 14. (a) In the case of any organization which, by proceedings under section 13(a) of the Subversive Activities Control Act of 1950 ^"'®' P- '''^^^ completed before the date of enactment of this Act, has been finally determined by the Subversive Activities Control Board to be a Communist-action organization or a Communist-front organization and has been ordered to register as a result of such determination, the Board shall forthwith modify its previously issued registration order as may be necessary to conform such order to the provisions of section 13(g) of the Subversive Activities Control Act of 1950, as amended by this Act, and shall forthwith include such organization on the record required to be maintained under section 9 of the Subversive Activities Control Act of 1950, as amended by this Act. Nothing in this subsection shall be construed so as to prevent any such organization from filing a petition as provided in subsection (b) of section 13 of the Subversive Activities Control Act of 1950, as amended by this Act.

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Page:United States Statutes at Large Volume 81.djvu/806

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PUBLIC LAW 90-238-.TAN. 2, 1968

[81 STAT.

(b) I n the case of any proceeding pending before the Board on the date of enactment of this Act, the Board and the Attorney General are authorized to proceed in accordance with the provisions of the Subversive Activities Control Act of 1950, as amended by this Act. Approved January 2, 1968.

Public Law 90-238 January 2, 1968 [H. R. 13933]

Highways. I n t e r s t a t e System. Modifications, authorization. 74 Stat. 415.

AN ACT To amend section 103 of title 23, United States Code, to authorize modifications or revisions in the Interstate System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (d) of section 103 of title 23, United States Code, is amended by inserting " (1) " immediately after " (d) " and by adding at the end thereof the following new paragraph: "(2) I n addition to the mileage authorized by the first sentence of paragraph (1) of this subsection, there is hereby authorized additional mileage for the Interstate System of two hundred miles, to be used in making modifications or revisions in the Interstate System as provided in this paragraph. Upon the request of a State highway department the Secretary may withdraw his approval of any route or portion thereof on the Interstate System within that State selected and approved in accordance with this title prior to the enactment of this paragraph, if he determines that such route or portion thereof is not essential to completion of a unified and connected Interstate System (including urban routes necessary for metropolitan transportation) and will not be constructed as a part of the Interstate System, and if he receives assurances that the State does not intend to construct a toll road in the traffic corridor which would be served by such route or portion thereof. After the Secretary has withdrawn his approval of any such route or portion thereof the mileage of such route or portion thereof and the additional mileage authorized by the first sentence of this paragraph shall be available for the designation of interstate routes or portions thereof as provided in this subsection. The provisions of this title applicable to the Interstate System shall apply to all mileage designated under the third sentence of this paragraph, except that the cost to the United States of the aggregate of all mileage designated under the third sentence of this paragraph shall not exceed the cost to the United States of the aggregate of all mileage approval for which is withdrawn under the second sentence of this paragraph, as such cost is included in the 1965 Interstate System cost estimate set forth in House Document Numbered 42, Eightyninth Congress. I n considering routes or portions thereof to be added to the Interstate System under the third sentence of this paragraph, the Secretary shall, in consultation with the States and local governments concerned, give due regard to (A) routes or portions thereof in States in which the Secretary has heretofore or hereafter withdrawn his approval of other routes or portions thereof, and (B) the extension of routes which terminate within municipalities served by a single interstate route, so as to provide traffic service entirely through such municipalities." Approved January 2, 1968.

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Page:United States Statutes at Large Volume 81.djvu/807

 Bl

STAT.1

P U B L I C LAW

90-239-JAN. 2, 1968

773

Public Law 90-239 AN ACT

January 2, 1968

Making supplemental appropriations for the fiscal year ending June 30, 1968, and for other purposes.

[H. R. 14397]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following A^ropti^nfn^ sums are appropriated out of any money in the Treasury not other- Act, 1968. wise appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Appropriation Act, 1968") for the fiscal year ending June 30, 1968, and for other purposes, namely: CHAPTEE I INDEPENDENT OFFICES APPALACHIAN REGIONAL COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Federal Cochairman and his alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $745,750.

80 Stat. 414.

FUNDS APPROPRIATED TO THE PRESIDENT APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS

For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, except expenses authorized by section 105 and section 201 of said Act, includ- 25!"'°' ^^' ^^^' ing services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $56,700,000, to remain available until expended. CHAPTER II DEPARTMENT OF THE INTERIOR OFFICE OF SALINE WATER SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $10,000,000, to remain available until expended. P U B L I C L A N D L A W R E VI E W COMMISSION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $2,200,000, to remain available until expended.

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Page:United States Statutes at Large Volume 81.djvu/808

 774

PUBLIC LAW 90-239-JAN. 2, 1968

[81 STAT.

CHAPTER III

OFFICE OF ECONOMIC OPPORTUNITY ECONOMIC OPPORTUNITY PROGRAM

78 Stat. 508. 42 USC 2701 note. Ante. p. 672.

Ante,

p. 231.

78 Stat. 5 28; 80 Stat. 1468.

GAO. A c c e s s to records.

For expenses necessary to carr^ out the provisions of the Economic Opportunity Act of 1964 (Public Law 88-452, approved August 20, 1964), as amended, $1,773,000,000: Provided, That those provisions of the Economic Opportunity Amendments of 1967 that set mandatory funding levels for programs newly authorized therein shall not be effective dviring the fiscal year ending June 30, 1968, of which not more than $500,000 shall be available for transfer to the Department of Agriculture to enable the Secretary of Agriculture to carry out the purposes of Public Law 90-95, plus reimbursements: Provided, That this appropriation shall be available for transfers to the economic opportunity loan fund for loans under title III, and amounts so transferred shall remain available until expended: Provided further, That this appropriation shall be available for the purchase and hire of passenger motor vehicles, and for construction, alteration, and repair of buildings and other facilities, as authorized by section 602 of the Economic Opportunity Act of 1964, and for purchase of real property for training centers: Provided further; That this appropriation shall not be available for contracts under titles I, II, V, VI, and VIII extending for more than twenty-four months: Provided further, That no part of the funds appropriated in this paragraph shall be available for any grant until the Director has determined that the grantee is qualified to administer the funds and programs involved in the proposed g r a n t: Provided further. That all grant agreements shall provide that the General Accounting Office shall have access to the records of the grantee which bear exclusively upon the Federal grant. CHAPTER IV

' (

LEGISLATIVE BRANCH SENATE SALARIES OF OFFICERS AND EMPLOYEES ADMINISTRATIVE

A N D CLERICAL ASSISTANTS TO SENATORS

Effective January Ij 1968, the clerk hire allowance of each Senator from the State of Indiana shall be increased to that allowed Senators from States having a population of five million, the population of said State having exceeded five million inhabitants; and that the clerk hire allowance of each Senator from the State of New Jersey shall be increased to that allowed Senators from States having a population of seven million, the population of said State having exceeded seven million inhabitants. OFFICE O F THE SECRETARY

Effective January 1, 1968, the Secretary may fix the compensation of the assistant reporter of debates at not to exceed $17,860 gross per annum.

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 81

STAT.]

PUBLIC LAW 90-239-TAN. 2, 1968

775

CONTINGENT E X P E N S E S OF THE SENATE FOLDING DOCUMENTS

For an additional amount for "Folding Documents", $8,000. POSTAGE STAMPS

For an additional amount for airmail and special delivery stamps for Senators and the President of the Senate, $9,040: Provided, That the President of the Senate and each Senator from a State east of the Mississippi River shall be allowed an additional $80, and each Senator from a State west of the Mississippi River shall be allowed an additional $100. HOUSE OF REPRESENTATIVES

For payment to Norma W. Younger, widow of J. Arthur Younger, late a Representative from the State or California, $30,000. None of the funds available to the House of Representatives for the fiscal year 1968 shall hereafter be available for the purposes of House Resolution 416 of the Eighty-ninth Congress relating to the hire of student congressional interns. ARCHITECT OF THE CAPITOL '•.

CAPITOL BUILDINGS

For an additional amount for "Extension of the Capitol", $135,000, to remain available until expended, to be derived by transfer from the appropriation for "Expansion of facilities, Capitol Power Plant". SENATE OFFICE BUILDINGS

For an additional amount for "Senate Office Buildings", $231,000, to remain available until expended. ADMINISTRATIVE PROVISION

The second paragraph under Ml. heading "Senate Office Buildings" JL XXC OCyVA^XXVI. OiL a g i. Oi^l-L U.1.1KIXJ1. the ' " ' ' 'ation Act, 1147), is in the Supplemental' Appropriation Act; 1966 (79 Stat. 1147),"is and inserting in lieu thereof "$8,200". amended by striking out " ^, 7 0 0 " i

^° "^^ ^^'6^-3-

CHAPTER V GENERAL PROVISIONS SEC. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 502. Funds heretofore appropriated to the Department of the ^^^^"^^ riats, Army for the Libby Dam and Reservoir project in Montana may be Airport facility, used in an amount not to exceed $140,000 in participation with local construction. interests and the Federal Aviation Administration for the construction of an airport facility at Kelley Flats, Montana, in a manner deemed appropriate by the Chief of Engineers. Approved January 2, 1968.

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PUBLIC LAW 90-240-JAN. 2, 1968

[81 STAT.

Public Law 90-240 January 2, 1968

AN ACT

[H. R. 1141]

To continue the duty-free status of certain gifts by members of the Armed Forces serving in combat zones, and for other purposes.

Armed Forces. Gifts by members in combat zones. Duty-free entry. 80 Stat. 71.

Effective date.

Carriers of bonded merchandise. 76 Stat. 1130.

Cigars. Federal excise tax, computation. 72 Stat. 1414; 79 Stat. 150. 26 USC 5701.

Insurance companies. Taxable income. 68A Stat. 264; 76 Stat. 998.

Deductions. 68A Stat. 265.

Be it enacted by the Sencute and House of Representatives of the United States of America in Congress assembled, That (a) item 915.25 (relating to bona fide gifts, not exceeding $50 in retail value, from members of the Armed Forces serving in combat zones) of the Tariff Schedules of the United States (19 U.S.C. 1202} is amended by striking out "On or before 12/31/67" and inserting in lieu thereof "On or before 12/31/69". (b) The headnotes for part 1, subpart B of the Appendix to such Schedules are amended by adding at the end thereof the following headnote: "2. Articles exempted under item 915.25 from the payment of duty shall be exempt also from the payment of any internal revenue tax imposed upon or by reason of importation." SEC. 2. The amendments made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after January 1, 1968. SEC. 3. Section 551 of the Tariff Act of 1930, as amended (19 U.S.C. 1551), is amended by adding at the end thereof the following new sentence: "A private carrier, upon application, may, in the discretion of the Secretary, be designated under the preceding sentence as a carrier of bonded merchandise, subject to such regulations and, in the case of each applicant, to such special terms and conditions as the Secretary may prescribe to safeguard the revenues of the United States with respect to the transportation of bonded merchandise by such applicant." SEC. 4. (a) Section 5701(a) of the Internal Revenue Code of 1954 (relating to rate of tax on cigars) is amended by adding after the penultimate sentence the following new sentence: "For purposes of the preceding sentence, the amount of State or local tax excluded from the retail price shall be the actual tax imposed; except thatj if the combined taxes result in a numerical figure ending in a fraction of a cent, the amount so excluded shall be rounded to the next highest full cent unless such rounding would result in a tax lower than the tax which would be imposed in the absence of State or local tax." (b) The amendment made by subsection (a) shall apply to the removal of cigars on or after the first day of the first calendar quarter which begins more than 30 days after the date of the enactment of this Act. SEC. 5. (a) Section 832(b)(1) of the Internal Revenue Code of 1954 (relating to insurance company gross income) is amended by striking out ''and" at the end of subparagraph (C), by striking out the period at the end of subparagraph (D) and inserting in lieu thereof ", and", and by adding at the end thereof the following new subparagraph: " (E) in the case of a company which whites mortgage guaranty insurance, the amount required by subsection (e) (5] to be subtracted from the mortgage guaranty account." (b) Section 832(c) of such Code (relating to insurance company deductions) is amended by striking out "and" at the end of parag.ph (11), by striking out the period at the end of paragraph (12) and inserting in lieu thereof "; and", and by adding at the end the following new paragraph: "(13) in the case of a company which writes mortgage guaranty insurance, the deduction allowed by subsection (e)."

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PUBLIC LAW 90^240-JAN. 2, 1968

777

(c) Section 832 of such Code (relating to insurance company taxSSA Stat. 264; able income) is amended by adding at the end thereof the following ^°26 USC 8^32'. new subsection: "(e) SPECIAL DEDUCTION AND INCOME ACCOUNT.—In the case of taxable years beginning after December 31, 1966, of a company which writes mortgage guaranty insurance— "(1) ADDITIONAL DEDUCTION.—There shall be allowed as a deduction for the taxable year, if bonds are purchased as required by paragraph (2), the sum of— " (A) an amount representing the amount required by State law or regulation to be set aside in a reserve for mortgage guaranty insurance losses resulting from adverse economic cycles; and " (B) an amount representing the aggregate of amounts so set aside in such reserve for the 8 preceding taxable years to the extent such amounts were not deducted under this paragraph in such preceding taxable years, except that the deduction allowable for the taxable year under this paragraph shall not exceed the taxable income for the taxable year computed without regard to this paragraph or to any carryback of a net operating loss. For purposes of this paragraph, the amount required by State law or regulation to be so set aside in any taxable year shall not exceed 50 percent of premiums earned on insurance contracts (as defined in subsection (b)(4)) with respect to mortgage guaranty insurance for such year. For purposes of this subsection, all amounts shall be taken into account on a first-in-time basis. The computation and deduction under this section of losses incurred (including losses resulting from adverse economic cycles) shall not be affected by the provisions of this subsection. For purposes of this subsection, the terms 'preceding taxable years' and 'preceding taxable year' shall not include taxable years which began before January 1, 1967. " (2) PURCHASE OF BONDS.—The deduction under paragraph (1) shall be allowed only to the extent that tax and loss bonds are purchased in an amount equal to the tax benefit attributable to such deduction, as determined under regulations prescribed by the Secretary or his delegate, on or before the date that any taxes (determined without regard to this subsection) due for the taxable year for which the deduction is allowed are due to be paid, as if no election to make installment payments under section 6152 is ^SA Stat. 757. made. If a deduction would be allowed but for the fact that tax 26 USC 615 2. and loss bonds were not timely purchased, such deduction shall be allowed to the extent such purchases are made within a reasonable time, as determined by the Secretary or his delegate, if all interest and penalties, computed as if this sentence did not apply, are paid. "(3) MORTGAGE GUARANTY ACCOUNT.—Each company which writes mortgage guaranty insurance shall, for purposes of this part, establish ana maintain a mortgage guaranty account. " (4) ADDITIONS TO ACCOUNT.—There shall be added to the mortgage guaranty account for each taxable year an amount equal to the amount allowed as a deduction for the taxable year under paragraph (1). "(5)

SUBTRACTIONS FROM ACCOUNT AND INCLUSION I N GROSS I N -

COME.—After applying paragraph (4), there shall be subtracted for the taxable year from the mortgage guaranty account and included in gross income—

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Page:United States Statutes at Large Volume 81.djvu/812

 "778

PUBLIC LAW 90-240-JAN. 2, 1968, j,,

68A Stat. 124.

68A Stat. 264; 80 Stat. 1562.

Corporate acquisition s, carryover.

73 Stat. 139. 26 USC 801-843.

Second Liberty Bond Act, amendment. 40 Stat. 288.

Ante,

p. 99.

[81

STAT.

" (A) the amount (if any) remaining which was added to, the account for the tenth preceding taxable year, and " (B) the excess (if any) of the aggregate amount in the mortgage guaranty account over the aggregate amount in the reserve referred to in paragraph (1)(A). For purposes of determining such excess, the aggregate amount in the mortgage guaranty account shall be determined after applying subparagraph (A), and the aggregate amount in the reserve referred to in paragraph (1)(A) shall be determined by disregarding any amounts remaining in such reserve added for taxable years beginning before January 1, 1967, .,. " (C) an amount (if any) equal to the net operating loss for the taxable year computed without regard to this subparagraph, and " (D) any amount improperly subtracted from the account under subparagraph (A), (B), or (C) to the extent that tax and loss bonds were redeemed with respect to such amount. If a company liquidates or otherwise terminates its mortgage .^.,, guaranty insurance business and does not transfer or distribute such business in an acquisition of assets referred to in section 381(a), the entire amount remaining in such account shall be subtracted. Except in the case where a company transfers or dis,5, tributes its mortgage guaranty insurance in an acquisition of assets referred to in section 381(a), if the company is not subject to the tax imposed by section 831 for any taxable year, the entire amount in the account at the close of the preceding taxable year shall be subtracted from the account in such preceding taxable year." (d) Section 381(c) (22) of such Code (relating to carryovers in certain corporate acquisitions) is amended to read as follows: "(22) SUCCESSOR INSURANCE COMPANY.—If the acquiring corporation is an insurance company taxable under subchapter L, there shall be taken into account (to the extent proper to carry out the purposes of this section and of subchapter L, and under such regulations as may be prescribed by the Secretary or his delegate) the items required to be taken into account for purposes of subchapter L in respect of the distributor or transferor corporation." (e) The amendments made by subsections (a), (b), (c), and (d) shall apply to taxable years beginning after December 31, 1966, except that so much of section 832(e)(2) of the Internal Revenue Code of 1954 (as added by the amendment made by subsection (c)) as provides for payment of interest and penalties for failure to make a timely purchase of tax and loss bonds shall not apply with respect to any period during which such bonds are not available for purchase. (f) The Second Liberty Bond Act is amended by adding at the end thereof the following new section: "SEC. 26. The Secretary of the Treasury is authorized to issue, from time to time, tax and loss bonds, the proceeds of which shall be available to meet any public expenditures authorized by law, and to retire any outstanding obligations of the United States issued under this Act. Tax and loss bonds shall be nontransferable except as provided by the Secretary of the Treasury, shall bear no interest and shall be issued in such amounts, subject to the limitations imposed by section 21 of this Act, as are necessary to permit persons to comply with section 832(e) of the Internal Revenue Code of 1954. Tax and loss bonds shall

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 81

STAT.]

PUBLIC LAW 90-240-JAN. 2, 1968

be issued in such amounts and on such terms and conditions as required by section 832(e) of such Code and as the Secretary of the Treasury shall prescribe. With respect to any taxable year in which amounts are subtracted from the mortgage guaranty account referred to in section 832(e)(3) of such Code, an amount of tax and loss bonds which was purchased under section 832(e)(2) of such Code with respect to the amount so subtracted shall be redeemed, and to the extent necessary shall be applied to pay any taxes due as a result of the inclusion under section 82(b)(1)(E) of such Code of amounts in gross income. In addition, tax and loss bonds may be redeemed as prescribed by the Secretary of the Treasury." (g)(1) I n the case of taxable years beginning before 1967, a company shall treat additions to a reserve, required by State law or regulations for mortgage guaranty insurance losses resulting from adverse economic cycles, as unearned premiums for purposes of section 832(b)(4) of the Internal Revenue Code of 1954, but the amount so treated as unearned premiums in a taxable year shall not exceed 50 percent of premiums earned on insurance contracts (as defined in section 832(b)(4) of such Code), determined without regard to amounts added to the reserve, with respect to mortgage guaranty insurance for such year. The amount of unearned premiums at the close of 1966 shall be determined without regard to the preceding sentence for the purpose of applying section 832(b)(4) of such Code to 1967. Additions to such a reserve shall not be treated as unearned premiums for any taxable year beginning after 1966. (2) If a mortgage guaranty insurance company made additions to a reserve which were so treated as unearned premiums described in paragraph (1), such company, in taxable years beginning after 1966, shall mclude in gross income (in addition to the items specified in section 832(b)(1) of such Code) the sum of the following amounts until there is included in gross income an amount equal to the aggregate additions to the reserve described in paragraph (1) for taxable years beginning before 1967: (A) an amount (if any) equal to the excess of losses incurred (as defined in section 832(b)(5) of such Code) for the taxable year over 35 percent of premiums earned on insurance contracts during the taxable year (as defined in section 832(b)(4) of such Code), determined without regard to amounts added to the reserve referred to an paragraph (1), with respect to mortgage guaranty insurance, (B) the amount (if any) remaining which was added to the reserve for the tenth preceding taxable year, and (C) the excess (if any) of— (i) the aggregate of amounts so treated as unearned premiums for all taxable years beginning before 1967 less the total of the amounts included in gross income under this paragraph for prior taxable years and the amounts included in gross income under subparagraphs (A) and (B) for the taxable year, over (ii) the aggregate of the additions made for taxable years beginning before 1967 which remain in the reserve at the close of the taxable year. Amounts shall be taken into account on a first-in-time basis. For purposes of section 832(e) of such Code and this paragraph, if part of the reserve is reduced under State law or regulation, such reduction shall first apply to the extent of amounts added to the reserve for

779 Ante,

p. 777.

68A Stat. 264. 26 USC 832.

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 780

PUBLIC LAW 90-241-JAN. 2, 1968

[81 STAT.

taxable years beginning before 1967, and only then to amounts added thereafter. (3) The provisions of this subsection shall apply to taxable years beginning after December 31, 1956. Approved January 2, 1968.

Public Law 90-241 January 2, 1968 [H. R. 11542]

Marshall County, Ind.

AN ACT For the relief of Marshall County, Indiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Marshall County, Indiana, is relieved of liability to the United States in the amount of $1,801.25, representing the amount of Federal civil defense matching funds advanced to Marshall County, Indiana, in July 1961 toward the cost of radio equipment purchased by it for civil defense purposes prior to the required approval of the project under which such equipment was purchased and prior to the date of availability of the applicable Federal appropriation. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for amounts for which liability is relieved by this Act. SEC. 2. The Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Marshall County, Indiana, an amount equal to the aggregate of the amounts paid by it, or withheld from sums otherwise due it, on account of the liability to the United States referred to in the first section of this Act. No part of the amount appropriated in this section shall be paid or delivered to or received by any agent or attorney on account of services 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 January 2, 1968.

Public Law 90-242 January 2, 1968 [H. R. 13273]

80 Stat. 207. 33 USC 1104. 33 USC 1102.

AN ACT To amend the Marine Resources and Engineering Development Act of 1966, as amended, to extend the period of time within which the Commission on Marine Science, Engineering, and Resources is to submit its final report and to provide for a fixed expiration date for the National Council on Marine Resources and Engineering Development. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Marine Resources and Engineering Development Act of 1966 is amended as follows: Subparagraph (h) of section 5 is amended by striking out "eighteen" and inserting "twenty-four" in lieu thereof. SEC. 2. Subparagraph (f) of section 3 is amended by striking out "one hundred and twenty days after the submission of the final report of the Commission pursuant to section 5(h). " and inserting in lieu thereof " 'on June 30, 1969.' ". Approved January 2, 1968.

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 81 STAT. J

PUBLIC LAW 90-244-J AN. 2, 1968

781

Public Law 90-243 AN ACT

January 2, 1968

To amend the wheat acreage allotment provisions of the Agricultural Adjustment ^__[S^j72|2] Act of 1938, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the second wheat. sentence of section 3S4(a) of the Agricultural Adjustment Act of ments!^fdjust° 1938, as amended (7 U.S.C. 1334(a)), be amended by inserting the ment. 79 Stat. 1199. language " (1) " between the words "used" and "to", and by striking out the period at the end of the sentence and inserting in lieu thereof a comma and the following language: "or (2) to increase the allotment for any county, in which wheat is the principal grain crop produced, on the basis of its relative need for such increase if the average ratio of wheat acreage allotment to cropland on old wheat farms in such county is less by at least 20 per centum than such average ratio on old wheat farms in an adjoining county or counties in which wheat is the principal grain crop produced or if there is a definable contiguous area consisting of at least 10 per centum of the cropland acreage in such county in which the average ratio of wheat acreage allotment to cropland on old wheat farms is less by at least 20 per centum than such average ratio on the remaining old wheat farms in such county, provided that such low ratio of wheat acreage allotment to cropland is due to the shift prior to 1951 from wheat to one or more alternative income-producing crops which, because of plant disease or sustained loss of markets, may no longer be produced at a fair profit and there is no other alternative income-producing crop suitable for production in the area or county. The increase in the county allotment under clause (2) of the preceding sentence shall be used to increase allotments for old wheat farms in the affected area to make such allotments comparable with those on similar farms in adjoining areas or counties but the average ratio of increased allotments to cropland on such farms shall not exceed the average ratio of wheat acreage allotment to cropland on old wheat farms in the adjoinijig areas or counties." Approved January 2, 1968.

Public Law 90-244 AN ACT

January 2, 1968

To amend sections 3 and 4 of the Act approved September 22, 1964 (78 Stat. ___[s^_i56i5] 990), providing for an investigation and study to determine a site for the construction of a sea-level canal connecting the Atlantic and Pacific Oceans. Be it enacted by the Senate and House of Representatives of the limited States of America in Congress assembled. That the Act ap- interoceamc proved September 22, 1964 (Public Law 88-609, 78 Stat. 990), as canal site. "°"' amended, is hereby further amended by striking out "June 30, 1968" in section 3 and inserting in lieu thereof "December 1, 1969". Approved January 2, 1968.

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PUBLIC LAW 90i245-JAN. 2, 1968

[81 STAT.

Public Law 90-245 January 2, 1968 [H. R. 1341]

Armed Forces. L e a v e, additional accumulation. 76 Stat. 492.

77 Stat. 216; 79 Stat. 547.

AN ACT To amend section 701 of title 10, United States Code, to authorize additional accumulation of leave in certain foreign areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 701 of title 10, United States Code, is amended as follows: (1) Subsection (b) is amended by striking out "Notwithstanding any other provision of law" and inserting in place thereof "Except as provided in subsection (f) ". (2) A new subsection (f) is added as follows: " (f) Under uniform regulations to be prescribed by the Secretary concerned, and approved by the Secretary of Defense, a member who serves on active duty for a continuous period of at least 120 days in an area in which he is entitled to special pay under section 310(a) of title 37 may accumulate 90 days' leave. Leave in excess of 60 days accumulated under this subsection is lost unless it is used by the member before the end of the fiscal year after the fiscal year in which the service terminated." SEC. 2. Section 1 of this Act applies only to active duty performed after January 1, 1968. Approved January 2, 1968.

Public Law 90-246 January 2, 1968 [H. R. 3982]

78 Stat. 38 3.

AN ACT To amend section 409 of title 37, United States Code, relating to the transportation of house trailers and mobile dwellings of members of the uniformed services. Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assenMed^ That the second sentence of section 409 of title 37, United States Code, is amended by striking out "51 cents" and inserting in lieu thereof "74 cents". Approved January 2, 1968.

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 81 STAT. ]

783

PUBLIC LAW 90-247-JAN. 2, 1968

Public Law 90-247 AN ACT To strengthen, improve, and extend programs of assistance for elementary and secondary education, and for other purposes.

January 2, 1968 [H. R. 7819]

Be it enacted by the Senate and House of Rejwesentatives of the Elamentijry United States of America in Congress aHsembled^ That this Act may Secondary E d uandca be cited as the "Elementary and Secondary Education Amendments tion Amendments of 1967. of 1967". ADMINISTRATION

SEC. 2. Rules, regulations, guidelines, or other published interpretations or orders issued by the Department of Health, Education, and Welfare or the United States Office of Education, or by any official of such agencies, in connection with, or affecting, the administration of programs authorized by this Act or by any Act amended by this Act shall contain immediately following each substantive provision of such rules, regulations, guidelines, interpretations, or orders, citations to the particular section or sections of statutory law or other legal authority upon which such provision is based. All such rules, regulations, guidelines, interpretations, or orders shall be uniformly applied and enforced throughout the fifty States. TITLE I — AMENDMENTS TO THE E L E M E N T A R Y AND S E C O N D A R Y E D U C A T I O N ACT O F 1965, AND R E L A T E D AMENDMENTS PART A—AMENDMENTS TO TITLE I OF ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 PROVISIONS R E L A T I N G TO SCHOOLS FOR I N D I A N

CHILDREN

SEC. 101. The third sentence of section 203(a)(1)(A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "June 30, 1967," and inserting in lieu thereof "June 30, 1968, and the fiscal year ending June 30, 1969,".

80 Stat. 1191. 20 USC 24 I c

RAISING THE DOLLAR L I M I T A T I O N FOR STATE ADMINISTRATIVE E X P E N S E S U N D E R TITLE II OF P U B L I C LAW 8 7 4

SEC. 102. Effective for fiscal years beginning after June 30, 1967, section 207(b)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "$75,000" and inserting in lieu thereof "$150,000".

79 Stat. 1162. 20 USC:!41g.

T E C H N I C A L CORRECTIONS W I T H RESPECT TO P A Y M E N T S ON ACCOUNT OF NEGLECTED OR D E L I N Q U E N T C H I L D R E N

SEC. 103. (a) The first sentence of section 203(a)(2) of the Act of September 30, 1950 (Public Law 874, Ei^htj^-first Congress), is amended by inserting "(other than such institutions operated by the United States)" immediately after "living in institutions for neglected or delinquent children", and by striking out "paragraph (5) " and inserting in lieu thereof "paragraph (7)". (b) Section 205(c)(1)(C) of such Act is amended by striking out " (8) " and inserting in lieu thereof " (11)". (c) Section 206(a)(3) and section 207(b) of such Act are each amended by striking out "section 2 0 5 (a)(5) " and inserting in lieu thereof "section 205(a)(6)". 85-622 0-68—52

79 Stat. 28; 80 Stat. 1193. 20 USC 241c.

80 Stat. 119 2. 20 USC;:4ie. 79 Stat. 31, 1162. 20 USC 24 If, 241g.

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PUBLIC LAW 90-B47-JAN. 2, 1968

[81 STAT.

CONFORMING AMENDMENTS TO M A K E STATE OR N A T I O N A L AVERAGE PER P U P I L EXPENDITURE OPTION AVAILABLE TO STATE AGENCY PROGRAMS UNDER TITLE I

20 us^c 24^^

80 Stat. 1194.

79 Stat. 28. pupn^expfncu^' ture." 80 Stat. 1198. 20 USC 244.

SEC. 104. (a)(1) The second sentence of section 203(a)(6) of the ^^* ^^ September 30, 1950, is amended by striking out "average per pupil expenditure in the United States" and inserting in lieu thereof the following: "average per pupil expenditure in that State or, if greater, in the United States". (2) The first sentence of section 203(a)(7) of such Act is amended by inserting after "average per pupil expenditure in that State" the following: "or, if greater, in the United States". (b)(1) Section 203(a)(2) of such Act is amended by striking out the last sentence thereof. (2) Section 203(a)(6) of such Act is amended by striking out the last sentence thereof. ^3^ Section 203 of such Act is amended by adding at the end thereof the following subsection: "(^) ^^^ purposes of this section, the 'average per pupil expenditure' in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies as defined in section 303(6)(A) in the State, or in the United States (which for the purposes of this subsection means the fifty States and the District of Columbia), as the case may be, plus any direct current oxpenditures by the State for operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children m average daily attendance to whom such agencies provided free public education during such preceding year." (4) The first sentence of section 203(a)(2) and the first sentence of section 203(a)(5) are each amended by striking out the matter in the parentheses immediately after "United States". (c) The amendments made by this section shall apply with respect to fiscal years ending on or after June 30, 1969. USE OF RECENT CASELOAD DATA

80 Stat. 1195. 20 USC 241c.

S E C 105. The third sentence of section 203(d) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "latest calendar or fiscal year data, whichever is later" and inserting in lieu thereof "caseload data for the month of January of the preceding fiscal year". JOINT

8o^stat^*ii96' 20 USC 24le.

TRAINING

PROGRAMS

FOR

EDUCATION STAFF

AIDES

AND

PROFESSIONAL

SEC. 106. Section 205(a) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by inserting a semicolon at the end of paragraph (9), by striking out the period at the end of paragraph (10) and inserting in lieu thereof a semicolon and the word "and", and by adding at the end thereof the following new paragraph: "(11) in the case of projects involving the use of education aides, the local educational agency sets forth well-developed plans providing for coordinated programs of training in which education aides and the professional staff whom they are assisting will participate together."

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PUBLIC LAW 90^247-JAN. 2, 1968

785

ADJUSTMENTS WHEN NECESSITATED BY APPROPRIATIONS

SEC. 107. (a) The second sentence of section 203(c) of the Act of Stat. 1194. September 30, 1950 (Public Law 874, Eighty-first Congress), is 80 USC 241c. 20 amended to read as follows: "Except as otherwise provided in section 208, for the fiscal years ending June 30, 1968, June 30, 1969, and June 30, 1970, they shall be 50 per centum and $3,000, respectively." (b) Section 208 of such Act is amended to read as follows: soStat.^^im. 20 USC 24 Ih. 'ADJUSTMENTS WHERE

NECESSITATED BY

APPROPRIATIONS

"SEC. 208. If the sums appropriated for any fiscal year for making the payments provided in this part are not sufficient to pay in full the total amounts which all local and State educational agencies are eligible to receive under this part for such year— " (1) the amount available for each grant to a State agency eligible for a grant under paragraph (5), (6), or (7) of section 203(a) shall be equal to the maximum grant as computed under 8079 Stat. 1161; Stat. 119 2, such paragraph; iig^ "(2) allocations shall be made to local educational agencies on 20 USC 241c. the basis of computations, in accordance with section 203(a)(2) as ^9 Stat. 28; reduced ratably, except that— 1194.^ " (A) until appropriations are sufficient to satisfy all maximum grants as computed by using a low-income factor of $2,000, the low-income factor (referred to in section 203(c)) for such year shall be $2,000; and " (B) the aggregate amount available for grants to local educational agencies within each State shall be not less than the aggregate amount allocated to local educational agencies within such State for the fiscal year ending June 30, 1967, until the total appropriations for that fiscal year exceed $1,500,000,000 for part A of title I; "(3) the amount available for payments to each State educational agency for the purposes of section 207(b) shall be equal to 79 Stat. 1162 1 per centum of the aggregate amounts available within that State 20 USC 24ig pursuant to paragraphs (1) and (2), except that no State shall receive less than the minimum amount provided for in section Ante, p. 7'83. 207(b)(2). I n case additional funds become available for making payments under this part for that year, such reduced amounts shall be increased on the same basis that they were reduced. I n order to permit the most effective use of all appropriations made to carry out this part, the Commissioner may set dates by which (1) State educational agencies must certify to him the amounts for which the applications of educational agencies have been or will be approved by the State, and (2) State educational agencies referred to in section 203(a)(6) iriust file applications. If the maximum grant a local educational agency or an agency referred to in section 203(a)(6) would receive (after any ratable reduction which may have been required under the first sentence of this section) is niore than an amount which the State educational agency determines, in accordance with regulations prescribed by the Commissioner, such agency will use, the excess amount shall be made available first to educational agencies in that State. Determinations of the educational agencies to which such excess amounts shall be made available shall be made by the State educational agency in furtherance of the purposes of this part, in accordance with criteria prescribed by the Commissioner which are designed to assure that such excess amounts will be made available to other eligible educational agencies with the

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[81 STAT.

greatest need, for the purpose of, where appropriate, redressing inequities inherent in, or mitigating hardships caused by, the application of factors as population shifts and changing economic circumstances. I n the event excess amounts remain after carrying out the preceding two sentences of this section, such excess amounts shall be distributed among the other States as the Commissioner shall prescribe for use by local educational agencies in such States for the.purposes of this part in such manner as the respective State educational agencies shall prescribe." SPECIAL I N C E N T IV E GRANTS
 * ^^ provisions of paragraph (2) of section 203(a) as a result of such

79 Stat. 27; n9^*.^* ^^^^' 20 USC 241a^'^p'^st, p. 787.

SEC. 108. (a) Title II of the Act of September 30, 1950 (Public Law 874, Eighty-first Cougress), is further amended by— (1) inserting " P A R T A—BASIC GRANTS" immediately after the heading of such title; (^) striking out "this title" wherever it appears in sections 201 through 208 and inserting in lieu thereof "this part "; (3) inserting " P A R T C—GENERAL PROVISIONS" immediately

before the section heading of section 209; (4) redesignating sections 209 through 214 and references thereto as sections 231 through 236; and (5) inserting after section 208 thereof the following new part: " P A R T B — I N C E N T IV E GRANTS "SPECIAL INCENTIVE GRANTS

"SEC. 221. (a) A special incentive grant shall be made for any fiscal year beginning after June 30, 1968, to the State educational agency of each State which has an effort index for the preceding fiscal year that exceeds the national effort index for such year. The amount of such special incentive grant shall be determined by multiplying the amount of $1 for each 0.01 per centum by which such State's effort index for such year exceeds the national effort index for such year times the aggregate number of children counted for purposes of entitling local educational agencies within such State to basic grants in accordance 79 Stat.^28, ^ ^ i t h clauses (2), (5), (6), and (7) of section 203(a) of this Act. If the 1161; 80 Stat. 119 - ^^^^ ^^ ^j^^ amouiits SO determined for all the States exceeds the amount 20 USC 241c. appropriated pursuant to this part for any fiscal year, such amounts shall be ratably reduced. No State agency shall receive in any year a grant pursuant to this section which is in excess of 15 per centum of the total amount appropriated for such year for the purpose of this section. The State educational agency shall distribute such grant to those local educational agencies in such State which are in the greatest need of 79 Stat. 30; ^^^^^^^^^^ funds, for the purposes set forth in section 205(a), and 80 Stat. 1195 1196.^' ix^o, amounts so distributed shall be used by such agencies in accordance 20 USC 24 le. with the provisions governing the use of grants to such agencies under this title. " (b) Grants pursuant to this section shall be made upon application containing such information as the Commissioner may require for the purpose of this section. The Commissioner shall not finally disapprove such an application except after reasonable notice and opportunity for a hearing to the State educational agency. index^"^ ^"°"^* " (^) For the purpose of this section the term 'State effort index' means the per centum expressing the ratio of expenditures from all non-Federal sources in a State for public elementary and secondary

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education to the total personal income in such State, and the term 'national effort index' means the per centum expressing the ratio of such expenditures in all States to the total personal income in all States. " (d) For the purpose of making grants under this part there are authorized to be appropriated not in excess of $50,000,000 each for the fiscal year ending June 30, 1969, and the succeeding fiscal year." (b) Sections 232 and 233(a) of such Act (as redesignated by subsection (a) of this section) are each amended by striking out "or 206(b)" and inserting in lieu thereof ", 206(b) or 221(b)". AGRICULTURAL

REDESIGNATING SECTION N U M B E R S I N TITLE II OF P U B L I C LAW

STUDY OF I M P ACT OF C H I L D R E N L IV I N G I N P U B L I C

79 Stat. 36. 20 USC 8 2 1 827. 79 Stat. 27; 80 Stat. 1195, 1198. 20 USC:241a241m. Ante, p. 786.

HOUSING

SEC. 111. The Secretary of Health, Education, and Welfare shall make a study of the burden imposed on a local educational agency by the presence of low-rent public housing within the boundaries of its school district. The Secretary shall submit a report on the results of his study to the Senate and House of Representatives on or before May 15, 1968. Such report shall include such recommendations for legislation as the Secretary deems appropriate. CIVIL R I G H T S ACT OF

80 Stat. 1192. 20 USC 24 l e.

874

SEC. 110. For the purpose of avoiding confusion between references to section numbers of title II of the Elementary and Secondary Education Act of 1965 and references to section numbers of title II of Public Law 874, Eighty-first Congress (which latter title is also generally cited as title I of the Elementary and Secondary Education Act of 1965), sections 201 through 208, 221, and 231 through 236 of Public Law 874, Eighty-first Congress, as amended by the preceding sections of this Act, are redesignated as sections 101 through 108, 121, and 131 through 136, respectively, and all references to any such section in that or any other law, or in any rule, regulation, order, or agreement of the United States are amended so as to refer to such section as so redesignated.

WITH

Appropriation.

WORKERS

SEC. 109. Section 205(c) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at the end thereof the following new paragraph: "(3) For purposes of this subsection, with the concurrence of his parents, a migratory child of a migratory agricultural worker shall be deemed to continue to be such a child for a period, not in excess of five years, during which he resides in the area served by the agency carrying on a program or project under this subsection."

COMPLIANCE

" National effort index."

Report to Congress.

19fi4

SEC. 112. Section 182 of title I of Public Law 89-750, Eighty-ninth Congress, is amended by striking the period at the end of section 182, inserting in lieu thereof a colon and the following language: 'Provided, That, for the purpose of determining whether a local educational agency is in compliance with title VI of the Civil Rights Act of 1964 (Public I ^ w 88-352), compliance by such agency with a final order or judgment of a Federal court for the desegregation of the school or school system operated by such agency shall be deemed to be compliance with such title VI, insofar as the matters covered in the order or judgment are concerned."

80 Stat. 1209. 42 USC 2000d-5.

78 Stat. 252. 42 USC 2000d2000d-4.

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[81 STAT.

STLDY OF DATA USED TO ESTABLISH ENTITLEMENTS Report to Congress.

Ante, p. 787,

SEC. 113. The Commissioner of Education and the Secretary of Commerce, acting together, shall prepare and submit to the Senate and House of Representatives, on or before May 1, 1968, a report setting forth a method of determining the information necessary to establish entitlements within each of the several States under title I of the Elementary and Secondary Education Act of 1965 on the basis of data later than 1960. Such report shall include recommendations for legislation necessary to permit the adoption of such method. ADDITION TX) NATIONAL ADVISORY COUNCIL REPORT

79 Stat. 34; Ante, pp. 786, 787. 20 USC 24iZ. Report to Congress.

SEC. 114. Section 134 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new subsection: "(e) In its annual report to the President and the Congress to be made not later.than January 31, 1969, the Council shall report specifically on which of the various compensatorfy education programs funded in whole or in part under the provisions of this title, and of other public and private educational programs for educationally deprived children, hold the highest promise for raising the educational attainment of these educationally deprived children." PART

B — AMENDMENTS TO TITLE II OF THE ELEMENTARY SECONDARY EDUCATION ACT OF 1965

AND

EXTENDING FOR TWO YEARS PROVISIONS RELATING TO SCHOOLS FOR INDIAN CHILDREN AND DEFENSE DEPARTMENT OVERSEAS DEPENDENTS SCHOOLS

20 us^c 822.^"

SEC. 121. Section 202(a)(1) of the Elementary and Secondary Education Act of 1965 is amended by striking out "June 30, 1967" and inserting in lieu thereof "June 30, 1968, and the fiscal year ending June 30, 1969". PART C—REVISION OF TITLE III OF ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

79 Stat. 39. 20 USC 841848.

SEC. 131. Title III of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "TITLE III—SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICES

(APPROPRIATIONS

AUTHORIZED

"SEC. 301. (a) The Commissioner shall carry out a program for making grants for supplementary educational centers and services, to stimulate and assist m the provision of vitally needed educational services not available in sufficient quantity or quality, and to stimulate and assist in the development and establishment of exemplary elementary and secondary school educational programs to serve as models for regular school programs. " (b) For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $100,000,0{)0 for the fiscal year ending June 30, 1966; $175,000,000 for the fiscal year ending June 30, 1967; $500,000,000 for the fiscal year ending June 30, 1968; $512,500,000 for the fiscal year ending June 30, 1969; and $550,000,000 for the fiscal year ending June 30, 1970. I n addition, there are hereby authorized to be appropriated for the fiscal year ending

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June 30, 1968, and each of the two succeeding fiscal years, such sums as may be necessary for the administration of State plans, the activities of advisory councils^ and the evaluation and dissemination activities required under this title. " ALLOTMENT AMONG STATES

"SEC. 302. (a)(1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for grants under this title. The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this title. I n addition for each fiscal year ending prior to July 1, 1969, he shall allot from such amount to (A) the Secretary of the Interior the amount necessary to provide programs and projects for the purpose of this title for individuals on reservations serviced by elementary, and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amount necessary for such assistance for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payments for such purpose shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. " (2) From the sums appropriated for making grants under this title for any fiscal year pursuant to section 301(b), the Commissioner shall allot $200,000 to each State and shall allot the remainder of such sums among the States as follows: " (A) He shall allot to each State an amount which bears the same ratio to 50 per centum of such remainder as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States, and " (B) He shall allot to each State an amount which bears the same ratio to 50 per centum of such remainder as the population of the State bears to the population of all the States. For the purposes of this subsection, the term 'State' does not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. "(b) The number of children aged five to seventeen, inclusive, and the total population of a State and of all the States shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. "(c) The amount allotted to any State under subsection (a) for any fiscal year, which the Commissioner determines will not be required for the period for which that amount is available, shall be available for grants pursuant to section 306 in such State, and if not so needed may be reallotted or used for grants pursuant to section 306 in other States. Funds available for reallotment may be reallotted from time to time, on such dates during that period as the Commissioner may fix, among other States in proportion to the amounts originally allotted among those States under subsection (a) for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates that State needs and will be able to use for that period; and the total of these reductions may be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection from funds appropriated pursuant to sec-

789

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tion 801 for any fiscal year shall be deemed to be a part of the amount allotted to it under subsection (a) for that year. " (d) The amounts made available under the first sentence of subsection (c) for any fiscal year shall remain available for grants during the next succeeding fiscal year. "USES OF FEDERAL FUNDS

8o^statr\2o^3. 20 USC 863.

"SEC. 303. (a) Funds appropriated pursuant to section 301 shall, except as provided in subsection (b), be available only for grants in accordance with applications approved pursuant to this title for— " (1) planning for and taking other steps leading to the development of programs or projects designed to provide supplementary educational activities and services described in paragraphs (2) and (3), including pilot projects designed to test the effectiveness of plans so developed; "(2) the establishment or expansion of exemplary and innovative educational programs (including dual-enrollment programs and the lease or construction of necessary facilities) for the purpose of stimulating the adoption of new educational programs (iucluding those described iu section 503(4) and special programs for handicapped children) in the schools of the State; and "(3) the establishment, maintenance, operation, and expansion of programs or projects, including the lease or construction of necessary facilities and the acquisition of necessary equipment, designed to enrich the programs of local elementary and secondary M i\ schools and to offer a diverse range of educational experience to. persons of varying talents and needs by providing, especially through new and improved approaches, supplementary educational services and activities, such as— " (A) comprehensive guidance and counseling, remedial instruction, and school health, physical education, recreation, psychological, social work, and other services designed to enable and encourage persons to enter, remain in, or reenter .; educational programs, including the provision of special eduV tr;['> cational programs and study areas during periods when schools are not regularly in session; " (B) comprehensive academic services and, where appropriate, vocational guidance and counseling, for continuing adult education; " (C) specialized instruction and equipment for students interested in studying advanced scientific subjects, foreign languages, and other academic subjects which are not taught in the local schools or which can be provided more effectively on a centralized basis, or for persons who are handicapped or of preschool age; " (D) making available modern educational equipment and specially qualified personnel, including artists and musicians, on a temporary basis for the benefit of children in public and 1: other nonprofit schools, organizations, and institutions; " (E) developing, producing, and transmitting radio and television programs for classroom and other educational use; " (F) in the case of any local educational agency which is making a reasona,ble tax effort but which is nevertheless unable to meet critical educational needs (including preschool education), because some or all of its schools are seriously ,., overcrowded, obsolete, or unsafe, initiating and carrying out ! programs or projects designed to meet those needs, particu-

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larly those which will result in more effective use of existing facilities; " (G) providing special educational and related services for persons who are in or from rural areas or who are or have been otherwise isolated from normal educational opportunities, including, where appropriate, the provision of mobile educational services and equipment, special home study courses, radio, television, and related forms of instruction, bilingual education methods, and visiting teachers' programs; " (H) encouraging community involvement in educational programs; and " (I) other specially designed educational programs or projects which meet the purposes of this title. " (b) I n addition to the uses specified in subsection (a), funds appropriated for carrying out this title may be used for— "(1) propner and effi<Heiit administration of State plans; "(2) obtaining technical, professional, and clerical assistance and the services of experts and consultants to assist the advisory councils authorized by this title in carrying out their responsibilities; and "(3) evaluation of plans, programs, and projects, and dissemination of the results thereof. li APPLICATIONS FOR GRANTS

CONDITIONS FOR APPROVAL

"SEC. 304. (a) A grant under this title pursuant to an approved State plan or by the Commissioner for a supplementary educational center or service program or project may be made only to a local educational agency or agencies, and then only if there is satisfactory assurance that, in the planning of that program or project there has been, and in the establishment and carrying out thereof there will be, participation of persons broadly representative of the cultural and educational resources of the area to be served. The term 'cultural and "Cultural and educational resources' includes State educational agencies, institu- sourcTis?"^ '* tions of higher education, nonprofit private schools, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources. Such grants may be made only upon application to the appropriate State educational agency or to the Commissioner, as the case may be, at such time or times, in such manner, and containing or accompanied by such information as the Commissioner deems necessary. Sucn applications shall— " (1) provide that the activities and services for which assistance under this title is sought will be administered by or under the supervision of the applicant; " (2) set forth a program for carrying out the purposes set forth in section 303(a) and provide for such methods of administration as are necessary for the proper and efficient operation of the programs; "(3) set forth policies and procedures which assure that Federal funds made available under this title for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the purposes described in section 303(a), and in no case supplant such funds; "(4) provide, in the case of an application for assistance under this title which includes a project for the construction of necessary facilities, satisfactory assurance that— " (A) reasonable provision has been made, consistent with the other uses to be made of the facilities, for areas in such

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Annual report.

Records.

PUBLIC LAW 9 0 H 2 4 7 - J A N. 2, 1968

[81 STAT,

facilities which are adaptable for artistic and cultural activities, "(^B) upon completion of the construction, title to the facilities will be in a State or local educational agency, " (C) in developing plans for such facilities, (i) due consideration will be given to excellence of architecture and design and to the inclusion of works of art (not representing more than 1 per centum of the cost of the project), and (ii) there will be compliance with such standards as the Secretary may prescribe or approve in order to insure that, to the extent appropriate in view of the uses to be made of the facilities, such facilities are accessible to and usable by handicapped persons, and " (D) the requirements of section 310 will be complied with; "(5) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this title; and «^g^ providc for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this title and to determine the extent to which funds provided under this title have been effective in improving the educational opportunities of persons in the area served, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. " (b) An application by a local educational agency for a grant under this title may be approved only if it is consistent with the applicable provisions of this title and— "(1) meets the requirements set forth in subsection (a); " (2) provides that the program or project for which application is made— " (A) will utilize the best available talents and resources and will substantially increase the educational opportunities in the area to be served by the applicant, and " (B) to the extent consistent with the number of children enrolled in nonprofit private schools in the area to be served whose educational needs are of the type provided by the program or project, makes provision for the participation of such children; and "(3) has been reviewed by a panel of experts. " (c) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulations, be subject to approval in the same manner as original applications. "STATE ADVISORY COUNCILS AND STATE PLANS

SEC. 305. (a)(1) Any State desiring to receive payments for any fiscal year to carry out a State plan under this title shall (A) establish within its State educational agency a State advisory council (hereinafter referred to as the 'State advisory council') which meets the requirements set forth in paragraph (2), (B) set dates before which local educational agencies must have submitted applications for grants to the State educational agency, and (C) submit to the Commissioner, through its State educational agency, a State plan at such time and in such detail as the Commissioner may deem necessary. The Commissioner may, by regulation, set uniform dates for the submission of State plans and applications.

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