text:
Page:United States Statutes at Large Volume 83.djvu/288

 260

80 Stat. 1534. 7 USC 17211725.

PUBLIC LAW 91-127-NOV. 26, 1969

[83 STAT.

remain available until expended, as follows: (1) sale of agricultural commodities for foreign currencies and for dollars on credit terms pursuant to title I of said Act, $420,000,000 • and (2) commodities disposed of and other costs incurred in connection with donations abroad, pursuant to title II of said Act, $500,000,000. BARTERED MATERIALS FOR S U P P L E M E N T A L STOCKPILE

70 Stat. 200.

For unrecovered prior years' costs related to strategic and other materials acquired as a result of barter or exchange of agricultural commodities or products and transferred to the supplemental stockpile pursuant to the Act of May 28, 1956, as amended (7 U.S.C. 1856), $1,250,000, to remain available until expended. TITLE IV—RELATED AGENCIES F A R M CREDIT

ADMINISTRATION

L I M I T A T I O N ON ADMINISTRATIVE

EXPENSES

Not to exceed $3,628,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses. TITLE V—GENERAL PROVISIONS Passenger motor v e h i c l e s.

Employment of aliens.

Uniforms, allowances. 80 Stat. 508; 81 Stat. 206. Cotton p r i c e s, prediction.

Twine.

Contracting funds. 60 Stat. 1082; 68 Stat. 574; 72 Stat. 1793.

SEC. 501. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed five hundred and fifty-two (552) passenger motor vehicles, of which four hundred and sixty-eight (468) shall be for replacement only, and for the hire of such vehicles. SEC. 502. Provisions of law prohibiting or restricting the employment of aliens shall not apply to employment under the appropriation for the Foreign Agricultural Service. SEC. 503. Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). SEC. 504. No part of the funds appropriated by this Act shall be used for the payment of any officer or employee of the Department who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast, except as to damage threatened or caused by insects and pests, with respect to future prices of cotton or the trend of same. SEC. 505. Except to provide materials required in or incident to research or experimental work where no suitable domestic product is available, no part of the funds appropriated by this Act shall be expended in the purchase of twine manufactured from commodities or materials produced outside of the United States. SEC. 506. Not less than $1,500,000 of the appropriations of the Department for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.S.C. 427, 1621-1629; 42 U.S.C. 1891-1893), shall be available for contracting in accordance with said Acts. SEC. 507. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

�


text:
Page:United States Statutes at Large Volume 83.djvu/289

 83 STAT.]

PUBLIC LAW 91-128-NOV. 26, 1969

261

SEC. 508. Xoiie of the funds in this Act shall be available to tinance interdepartmental boards, commissions, councils, committees, or similar groups under sec. 214 of the Independent Offices Appropriation Act, 1946 (31 U.S.C. 691) which do not have prior and specific Congressional approval of such method of financial support. SEC. 509. No part of the funds appropriated under this Act shall be used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of P^ederal, State, or local laws designed to protect persons or property in the community concerned. SEC. 510, Positions in the agencies covered by this Act, whether financed from funds contained in this Act or from other sources, may be filled during the fiscal year 1970 without regard to the provisions of section 201 of Public Law 90-364, and such positions shall not be taken into consideration in determining inimbers of employees under subsection (a) of that section or numbers of vacancies under subsection (b) of that section. This Act may be cited as the "Department of Agriculture and Related Agencies Appropriation Act, 1970*'. Approved November 26, 1969.

Interdepartmental groups, expenses. 59 Stat. 134. Payments to convicted rioters, prohibition.

Ante,

p. 83.

Short title.

Public Law 91-128 AN ACT

November 26, 1969

To provide an extension of the interest e(iualization tax, and for other purposes.

Be it enacted by the Seriate and Hou>ie of Representatives United States of America in Congress assembled,

of the

SECTION 1. SHORT TITLE, ETC. (a) SHORT TITLE.—This Act may be cited as the '"Interest Equali-

zation Tax Extension Act of 1969". (b) AMENDMENT OF 1954 CODE.—Whenever in this Act an amendment is expressed in terms of an amendment to a section or other ))rovision, the reference is to a section or other provision of the Internal Revenue Code of 1954. SEC. 2. EXTENSION OF INTEREST EQUALIZATION TAX.

Section 4911(d) is amended, effective with respect to acquisitions made after September 30, 1969, by striking out "September 30, 1969" and inserting in lieu thereof "March 31, 1971".

[H. R. 12829] Interest Equalization Tax E x t e n s i o n Act of 1969.

68A Stat. 3. 26 USC 1 et seq. 78 Stat. 809; Ante, p. 105.

�

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


text:
Page:Tom Swift and His Airship.djvu/152

142 some remote possibility they did imagine it, there would be soldiers shooting at us, instead of the police. As it was, the whole population seemed anxious to bring us down."

"And they nearly did," added Mr. Damon. "If they had shot a few holes in the gas bag where would we be?"

"Right in the air," answered the balloonist. "It would take several volleys of bullets to damage our aluminum container. It is in sections and when one, or even five compartments, for that matter, are pierced, there is enough gas in the others to sustain us. So they could not have damaged us much, even if they had shot a lot of holes in us. Even without the gas container we can keep afloat by constantly moving, for the planes will serve their purpose. Of course they could damage us, and maybe put some of our machinery out of business, and that would be a serious thing. But what puzzles me is why they fired at us at all."

"It couldn't be out of pure mischief; could it?" asked the young inventor.

"Hardly. If we were in a savage country I could understand the natives firing at some such object as this airship, but the people of that city must have known what our craft was. They probably have read something about it in the

title: Page:Tom Swift and His Airship.djvu/152


text:
Page:United States Statutes at Large Volume 83.djvu/290

 262

PUBLIC LAW 91-128-NOV. 26, 1969

[83 STAT.

SEC. 3. MODIFICATION OF TAX RATES BY EXECUTIVE ORDER. (a) MODIFICATIONS PROVIDING L O W E R R A T E S FOR O R I G I N A L OR N E W

26 vscigii.

78 Stat. 831. 81 Stat. 146.

78 Stat. 810.

I«'SUES.—Section 4911(b)(2)(A) is amended to read as follows: " (A) IN GENERAL.—If the President of the United States determines that the rates of tax imposed by paragraph (1), or provided in any prior Executive order issued pursuant to this paragraph, are lower or hio-lier than the rates of tax necessary to limit the total acquisitions by United States persons of stock of foreign issuers and debt obligations of foreign obligors within a range consistent with the balanceof-payments objectives of the United States (including achieving a minimum reliance on the tax), he may by Executive order (effective as provided in subparagraph (C) ( i i)) increase or decrease such rates of tax. To the extent specified in such Executive order, the rates applicable to acquisitions of stock or debt obligations which are part of an original or new issue may be lower than the rates applicable to acquisitions of stock or debt obligations which are- not part of an original or new issue. An I^xecutive order which has the effect of establishing lower rates for original or new issues may be applicable to all original or new issues or to any aggregate amount or classification thereof and to acquisitions occurring during such period of time as may be stated therein, and may provide for other limitations and implementing procedures. In determining whether stock or a debt obligation shall be treated as part of an 'original or new issue' for purposes of this subparagraph, the provisions of section 4917(c) shall apply." (b) TECHNICAL AMENDMENT.—Section 4911(b)(2)(C)(i) is amended by striking out "Each increase"" and inserting in lieu thereof ''Subject to the authorization to establish lower rates with respect to acquisitions of stock or debt obligations which are part of an original or new issue, each increase". SEC. 4. OTHER AMENDMENTS. (a)

TRANSFERS TO FOREIGN TRUSTS.—

(1) Section 4912(b)(1) is amended to read as follows: "(1)

CERTAIN TRANSFERS TO FOREIGN TRUSTS.— " (A) EXTENT OF TAX LIABILITY.—Any transfer

(other than in a sale or exchange for full and adequate consideration) of

�


text:
Page:United States Statutes at Large Volume 83.djvu/291

 83 STAT. ]

I'

PUBLIC LAW 91-128-NOV. 26, 1969

263

money or other property to a foreign trust slnill, if such trust acquires stock or debt obligations (of one or more foreign issuers or obligors) the direct acquisition of which by the transferor would be subject to the tax imposed by section 4911, be deemed an acquisition by the transferor (as of the g/lj^^'^'i'/s"''* time of such transfer) of stock of a foreign issuer in an 26 USC 4911. amount equal to the actual value of the money or property transferred or, if less, the actual value of the stock or debt obligations so acquired by such trust. Contributions made by an employer to a foreign pension or profit-sharing trust established by such employer for the exclusive benefit of employees (who are not owner-employees as defined in section 401(c)(3)) who i:>erform perscmal services for such 76 Stat. 812. employer on a full-time basis in a foreign country, and con^ ^^^ tributions to a foreign pension or profit-sharing trust established by an employer, made by an employee who performs personal services for suc'h employer on a full-time basis in a foreign country (and is not an owner-employee as defined in section 4 0 1 (c)(3)), shall not he considered under the preceding sentence as transfers which may be deemed acquisitions of stock of a foreign issuer. " (B) PRESUMPTION OF AcQUisrnoN or FOREIGN SECURITIES.—Whenever money or other property is transferred to a foreign trust in the manner described in the first sentence of subparagraph (A), it shall be presumed, with respect to the calendar quarter in which the transfer took place and each succeeding calendar quarter beginning prior to the termination date specified in section 4911(d), that such trust ^"t^' P- 261. subsequently acquired stock or debt obligations the direct acquisition of which by the transferor would be subject to the tax imposed by section 4911, in an amount equal to the actual value of the money or other property transferred. The transferor may rebut this presumption with respect to each such calendar quarter by submitting, on or before the 30th day following the close of such quarter, documents or other proof which will establish to the satisfaction of the Secretary or his delegate that, during such quarter, liability for such tax has not been incurred or any liability which has been incurred has been paid." (2) The amendment made by paragraph (1) of this subsection Effective date. shall apply with respect to transfers made after June 9, 1969. (b)

FOREIGN MINERAL FACILITIES.—

(1) Section 4914(c)(5)(B) is amended by adding at the end g/stJt^'i'sV^' thereof the following new sentence: 'Tf the proceeds of the loan by such United States person constitute only a part of the cost of the installation, maintenance, or improvement of such facilities, the substantial portion requirement in the preceding sentence shall be satisfied if the percentage of the total capacity of such facilities which will be used in connection with ores or minerals (or derivatives thereof) extracted or obtained in the specified manner is more than one-half of the percentage of the cost of such facilities represented by the amount of such loan and in no event is less than 10 percent of such total capacity." (2) The amendment made by paragraph (1) of this subsection Effective date. shall apply with respect to acquisitions made after the date of the enactment of this Act.

�


text:
Page:United States Statutes at Large Volume 83.djvu/292

 264 78 Stat. 823. 26 USC 4914.

76 Stat. 969. 81 Stat. 158.

Effective date.

78 Stat. 835.

78 Stat. 809; 78 Stat. 814; 79 Stat. 958. Effective date.

PUBLIC LAW 91-128-NOV. 26, 1969

[83 STAT.

(c) TRANSFERS OF EXI'ORT CREDIT PAPER.—

(1) Section 4914(j)(1)(A) is amended by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively, and by inserting after clause (ii) the following new clause: "(iii) to an includible corporation in an affiliated group (as defined in section 48(c)(3)(C)) of which such person is a member;''. (2) Section 4914(c)(7) is amended by striking out " (j)(l) (A) (iii)" and inserting in lieu thereof "(j)(1)(A) (iv)". ^3^ -pj^g amendments made by this subjection shall apply with respect to subsequent transfers (within the meaning of section 4914(]') (1)(A) of the Internal Revenue Code of 1954) occurring after the date of the enactment of this Act. (d) DEALER RESALE EXEMPTION.—

(1) Section 4919(c) is amended by striking out "and" at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and", and by adding at the end thereof the following new paragraph: "(3) the term 'persons other than United States persons' includes any foreign branch whose acquisition of stock or a debt obligation of a foreign issuer or obligor from an underwriter or dealer is excluded from the tax imposed by section 4911 by reason ^f the last sentence of section 4 9 1 4 (b)(2)(B), but only with rBspect to the acquisition of stock or debt obligations to which such exclusion applies." ^2) Tile amendments made by paragraph (1) of this subsection shall apply with respect to acquisitions made by foreign branches after the date of the enactment of this Act. (e)

CERTAIN FINANCING COMPANIES.—

81 Stat. 161.

(1) Section 4920(a) (3B) is amended to read as follows: "(3B) CERTAIN DOMESTIC FINANCING COMPANIES.—The terms 'foreign issuer*, 'foreign obligor', and 'foreign issuer or obligor' also mean a domestic corporation to the extent provided in subsection (d). "

79^stat^*96^3^^'

^^^ Section 4920 is amended by r e designating subsection (d) as subsection (e) and by inserting after subsection (c) the following new s e c t i o n: " (d) CERTAIN DOMESTIC F I N A N C I N G C O M P A N I E S. — For purposes of

this chapter, the terms 'foreign issuer', 'foreign obligor', and 'foreign issuer or obligor' include a domestic corporation if— "(1) such corporation is exclusively engaged in the trade or business of— " (A) acquiring, servicing, or acquiring and servicing— " (i) debt obligations arising out of the sale of tangible personal property produced, manufactured, assembled, or extracted by one or more includible corporations in an affiliated group (as defined in section 4 8 (c)(3)(C)) of which such corporation is a member, "(ii) debt obligations arising out of the sale of tangible personal property received as part or all of the consideration in sales of property described in clause (i), "(iii) debt obligations arising out of the sale of tangible personal property received as part or all of the consideration in sales of property described in clause (ii), "(iv) debt obligations arising out of the sale or lease of tangible personal property or the performance of

�


text:
Page:United States Statutes at Large Volume 83.djvu/293

 83 STAT. ]

PUBLIC LAW 91-128-NOV. 26, 1969

services (or both), if not less tlian 85 percent of the purchase price is attributable to the sale (or not less than 85 percent of the value of the property subject to the lease IS attributable to the use) of property manufactured, produced, grown, or extracted in the United States or the performance of services by any United States person (or both), " (v) debt obligations arising out of loans to dealers or distributors primarily engaged in the business of selling property described in clauses (i), (ii), and (iii), the proceeds of which are used by such dealers or distributors in such business, " (vi) debt obligations arising out of loans to an includible corporation in an affiliated group (as defined in section 48(c)(3)(C)) of which such corporation is a member, if such obligations are secured by debt obligations described in clauses (i) through (v), o r "(vii) any combination of the foregoing, " (B) acquiring, servicing, or acquiring and servicing debt obligations otherwise arising out of sales of tangible personal property, " (C) carrying on other incidental activities in connection with its sales finance business, or " (D) any combination of the foregoing, " (2) except for debt obligations arising out of deposits in commercial banks having at the time of the deposit a period remaining to maturity of less than one year, and debt obligations of one or more includible corporations in an affiliated group (as defined in section 4 8 (c)(3)(C)) of which such corporation is a member acquired as payment for stock, or as a contribution to the capital, of such corporation— " (A) at least 90 percent of the face value of the debt obligations owned by such corporation at all times during the taxable year consists of debt obligations described in paragraph (1)(A), and " (B) all debt obligations owned by such corporation at all times during the taxable year are debt obligations described in paragraph (1)(A) or (1)(B), or are debt obligations acquired in carrying on the trade or business described in paragraph (1), "(3) all debt obligations acquired by such corporation (whether or not described in paragraph (1)) are acquired solely out of— " (A) the proceeds of the sale (including a sale in a transaction described in section 4919(a)(1)) by such corporation (or by a domestic corporation described in section 4912(b) (3) which owns all of the stock of such corporation) of debt obligations of such corporation (or such other domestic corporation) to persons other than— " (i) a United States person (not including a foreign branch of a domestic corporation or of a domestic partnership, if such branch is engaged in the commercial banking business and acquires such debt obligations in the ordinary course of such commercial banking business), "(ii) a foreign partnership in which such corporation (or one or more includible corporations in an affiliated group, as defined in section 1504, of which such corpora-

265

76 Stat. 969.

^^ ^*^'- ^^''• ^^ ^*^** ^^^'

^^^ ^'^ ^^'

�


text:
Page:United States Statutes at Large Volume 83.djvu/294

 266 II fr'co'fo^^'

68A Stat. 369.

76 Stat. 969.

78 Stat. 809;

PUBLIC LAW 91-128-NOV. 26, 1969

[83 STAT.

tion is a member) owns directly or indirectly (within the meaning of section 4915(a)(1)) 10 percent or more 01 the prohts mterest, or "(iii) a foreign corporation, if such corporation (or one or more includible corporations in an affiliated ^roup, ^s defined in section 1504, of which such corporation is a member) owns directly or indirectly (within the meaning of section 4915(a)(1)) 10 percent or more of the total combined voting power of all classes of stock of such foreign corporation, except to the extent such foreign corporation has, after having given advance notice to the Secretary or his delegate, sold its debt obligations to persons other than persons described in clauses (i) and (ii) and this clause and is using the proceeds of the sale of such debt obligations to acquire the debt obligations of such corporation (or such other domestic corporation), " (B) the proceeds of payment for stock, or a contribution to the capital of such corporation, if the payment or contribution was derived from the sale of debt obligations by one or more includible corporations in an affiliated group (as defined in section 48(c)(3)(C)) of which such corporation is a member to persons other than persons described in clauses (i), (ii), and (iii) of subparagraph (A) and such debt obligations, if acquired by United States persons, would \)Q subject to the tax imposed by section 4911, " (C) retained earnings and reserves of such corporation, or " (D) trade accounts and accrued liabilities which are payable by such corporation within 1 year (3 years in the case of tax liabilities) from the date they were incurred or accrued, and which arise in the ordinary course of the trade or business of the corporation otherwise than from borrowing, "(4) such corporation does not acquire any stock of foreign issuers or of domestic corporations or domestic partnerships other than stock of one or more includible corporations in an affiliated group (as defined in section 48(c)(3)(C)) of which such corporation is a member acquired as payment for stock, or as a contribution to capital, of such corporation, "(5) such corporation, in a manner satisfactory to the Secretary or his delegate, identifies the certificates representing its stock and debt obligations, and maintains such records and accounts and submits such reports and other documents as may be necessary to establish that the requirements of the foregoing paragraphs have been met, and "(6) such corporation elects to be treated as a foreign issuer or obligor for purposes of this chapter. The election under paragraph (6) shall be made, under regulations prescribed by the Secretary or his delegate, on or before the 60th day after the organization of the corporation or the 60th day after the date of the enactment of the Interest Equalization Tax Extension Act of 1969, whichever day is the later. Any such election shall be effective as of the date thereof and shall remain in effect until revoked. If, at any time, the corporation ceases to meet any requirement of paragraph (1), (2), (3), (4), or (5), the election shall thereupon be deemed revoked. When an election is revoked, no further election may be made.

�


text:
Page:United States Statutes at Large Volume 83.djvu/295

 83 STAT. ]

PUBLIC LAW 91-128-NOV. 26, 1969

267

If an election is revoked, the Corporation shall incur liability at the time of such revocation for the tax imposed by section 4911 with g/lj^J^^/g*'^' respect to all stock or debt obligations which were acquired by it dur- 26 USC 49ii. ino- the period for which the election was in effect and which are held by it at the time of such revocation; and the amount of such tax shall be equal to the amount of tax for which the corporation would be liable under such section if it had acquired such stock or debt obligations jnnnediately after such revocation. For purposes of sections 491:2 and ^^ Stat. sio. 4915, a corporation which has made an election under paragraph (B) shall, during the period for which such election is in effect, be treated with respect to acquisitions from such corporation as a foreign corl)oration which is not formed or availed of for the principal purpose described in section 4915(c)(1)." 78 Stat. 826. (8) Section 4915(c)(3) is amended to read as follows: si Stat. i63. "(3) FOREIGN FINANCING COMPANY.—A foreign corporation^— " (A) 50 percent or more of the voting power of all classes of stock of which is owned directly or indirectly (within the meaning of subsection (a)) by a domestic corporation (or by one or more includible corporations in an affiliated group, as defined in section 48(c)(3)(C), of which such domestic cor- 76 Stat. 969. poration is a member), " (B) which, if it were a domestic corporation, would be eligible to make an election under section 4920(d), and ^"'^' P- ^^'^• " (C) gives notice to the Secretary or his delegate within the period for making an election under such section, shall, during the period after the date of such notice during which it would, if it were a domestic corporation, meet the requirements of paragraphs (1), (2), (3), (4), and (5) of section 4920(d), be treated as not formed or availed of for the princi))al purpose described in paragraph (1) of this subsection. IJF such coriwration ceases to meet such requirements, such corporation shall be treated as having been availed of for the principal purpose described in paragraph (1) of this subsection at the time of such cessation."' (4) The amendments made by this subsection shall take effect Effective date. on the date of the enactment of this Act. (f) TRANSACTION TAX RETURNS.—Section 6011(d)(1) (I^) is si Stat. iss. amended by inserting after "subparagraph (A)*' the folk)wing: "(unless such disposition is made under circumstances which entitle such person to a credit under the provisions of section 4919)*'. 78 Stat. 833. (g) REPORTING REQUIREMENTS OF XONPARTICIPATING FIRMS.—Sec-

tion 6011(d)(3) is amended to read as follows:

78 Stat. 844.

"(3) REPORTING REQUIREMENTS FOR CERTAIN MEMBERS OF EXCHANGES AND ASSOCIATIONS.—Every meml)er or member orga-

nization of a national.securities exchange or of a national securities association registered with the Securities and Exchange (\)mmission, which is not subject to the provisions of secti(m 4918(c), sihall keep such records and file such information as the Secretary or his delegate may by forms or regulations prescribe in connection with acquisitions and sales effected by such member or member organization, as a broker or for his own account, of stock of a foreign issuer or debt obligations of a foreign obligor— " (A) with respect to which a validation certificate described in section 4918(b)(1)(A) has lpeen received by such member or member organization; or " (B) with respect to which an acquiring United States l)erson is subject to the tax imposed by section 4911."'

si Stat. 149.

si Stat. 149.

�


text:
Page:United States Statutes at Large Volume 83.djvu/296

 268

PUBLIC LAW 91-128-NOV. 26, 1969

[83 STAT.

(h) FAILURE OF NoNrARxiciPATiNO FIRMS TO F I L E CERTAIN INFORMATION RETURNS.—

78 Stat. 845.

(1) Section 6680 is amended to read as follows:

26 USC 6680.

^ ^

68A Stat. 8 5 1.

il Stat. 154.

81 Stat. 148. ^stat?\'45°^' 81 Stat. 155.

Ante, p. 267.

Effective date.

"SEC 6680. FAILURE TO FILE INTEREST EQUALIZATION TAX RETURNS. "•In addition to the penalty imposed by section 7203 (relating to willful failure to file return, supply information, or pay tax) — " (1) RETURN REQUIRED UNDER SECTION 6 O 11 (d)(i).—Any person who is required under section 6011(d)(1) (relating to interest equalization tax returns) to file a return for any period in respect of which, by reason of the provisions of section 4918, he incurs no liability for payment of the tax imposed by section 4911 and who fails to file such return within the time prescribed by section 6076, shall pay a penalty of $10 or 5 percent of the amount of tax for which he would incur liability for payment under section 4911 but for the provisions of section 4918, whichever is the greater, for each such failure unless it is shown that the failure is due to reasonable cause. The penalty imposed by this paragraph shall not exceed $1,000 for each failure to file a return. "(2) RETURN REQUIRED UNDER SECTION e o n (d)(3).—Any person required to file a return under section 6011(d)(3) who fails to file such return at the time prescribed by the Secretary or his delegate, or who files a return which does not show the information required, shall pay a penalty of $1,000, unless it is shown that such failure is due to reasonable cause." ^2) The amendment made by paragraph (1) of this subsection shall apply with respect to returns required to be filed after the date of the enactment of this Act. (i)

79 Stat. 956.

78 Stat. 823.

CERTAIN LEASE TRANSACTIONS.—

(1) Section 4914(c)(6) ( r e l a t i n g to certain e x p o r t leases) is amended—

(A) by inserting "tangible*' before "personal property" in the matter preceding subparagraph (A), (B) by inserting " (i) " after " (A) ", by striking out " (B) " and inserting in lieu thereof " ( i i) ", and by striking out the period at the end of such section and inserting in lieu thereof "; or", and (C) by adding at the end of such section the following new subparagraph: " (B)(i) payment of such debt obligation (or of any related debt obligation arising out of such lease) is guaranteed or insured, in whole or in part, by an agency or wholly owned instrumentality of the United States, or " (ii) the lease is entered into with such foreign obligor and the United States person acquiring such debt obligation enters into the lease in the ordinary course of his trade or business and not less than 85 percent of the value of the property subject to the lease is attributable to the use of tangible personal property which was manufactured, produced, grown, or extracted in the United States, or to the performance of services pursuant to the terms of the lease by such United States person (or by one or more includible corporations in an affiliated group, as defined in section 1504, of which such person is a member) with respect to such personal property, or to both." (2) Section 4914(j) (relating to loss of entitlement to exclusion) is amended by striking "or (6) " each place it appears

�


text:
Page:United States Statutes at Large Volume 83.djvu/297

 83 STAT. ]

PUBLIC LAW 91-129-NOV. 26, 1969

269

therein and inserting in lieu thereof "(6)(A), or (6)(B) (ii)"'. (3) Section 4 9 2 0 (a)(1)(A) (rehiting to definition of debt IH'^^: ^^'^^ obligation) is amended by adding at the end thereof the following new sentence: "For purposes of the preceding sentence, the term 'indebtedness' includes obligations arising under a lease wiicli is entered into principally as a financing transaction."' (4) The amendments made by this section shall apply with "ective date, respect to acquisitions of debt obligations made after the date of the enactment of this Act. SEC. 5. AMMUNITION RECORDKEEPING REQUIREMENTS. Section 4182 (relating to exemptions from tax on certain firearms ^^^ ^'^*- '*^°and ammunition) is amended by adding at the end thereof the following new subsection: "(c) EECORDS.—Notwithstanding the provisions of sections 922(b) (5) and 923(g) of title 18, United States Code, no person holding 1214. a Federal license under chapter 44 of title 18, United States Code, shall 82 Stat. 92118 USC be required to record the name, address, or other information about the 92k purchaser of shotgun ammunition, ammunition suitable for use only in rifles generally available in commerce, or component parts for the aforesaid types of ammunition." Approved November 26, 1969.

Public Law 91-129 AN ACT

November 26, 1969

To establish a Commission on Government Procurement.

Be It enacted by the Senate and House of Representatives r nited States of America in Congress assembled. . •'

"

[H. R. 474]

of the

'

DECLARATION OF POLICY

1. It is hereby declared to be the policy of Congress to promote economy, efficiency, and effectiveness in the procurement of goods, services and facilities by and for the executive branch of the Federal Government by— (1) establishing policies, procedures, and practices which will require the Government to acquire goods, services, and facilities of the requisite quality and within the time needed at the lowest reasonable cost, utilizing competitive bidding to the maximum extent practicable; (2) improving the quality, efficiency, economy, and performance of Government procurement organizations and personnel; (3) avoiding or eliminating unnecessary overlapping or duplication of procurement and related activities; (4) avoiding or eliminating unnecessary or redundant requirements placed on contractor and Federal procurement officials; (5) identifying gaps, omissions, or inconsistencies in procurement laws, regulations, and directives and in other laws, regulations, and directives, relating to or affecting procurement; (6) achieving greater uniformity and simplicity whenever appropriate, in procurement procedures; (7) coordinating procurement policies and programs of the several departments and agencies; (8) conforming procurement policies and programs, whenever appropriate, to other established Government policies and programs; SECTION

^ commission on Government Procurement. Establishment.

�


text:
Page:United States Statutes at Large Volume 83.djvu/298

 270

PUBLIC LAW 91-129-NOV. 26, 1969

[83

STAT.

(9) minimizing possible disruptive effects of Government procurement on particular industries, areas, or occupations; (10) improving understanding of Government procurement laws and policies within the Government and by organizations and individuals doing business with the Government; (11) promoting fair dealing and equitable relationships among the parties in Government contracting; and (12) otherwise promoting economy, efficiency, and effectiveness in Government procurement organizations and operations. ESTABLISHMENT

OF THE COMMISSION

SEC. 2. To accomplish the policy set forth in section 1 of this Act, there is hereby established a commission to be known as the Commission on Government Procurement (in this Act referred to as the "Commission"'). MEMBERSHIP OF THE COMMISSION

Appointment by President.

Quorum. Vacancies

SEC. 3. (a) The Commission shall be composed of twelve members, consisting of (1) three members appointed by the President of the Senate, two from the Senate (who shall not be members of the same political party), and one from outside the Federal Government, (2) three members appointed by the Speaker of the House of Representatives, two from the House of Representatives (who shall not be members of the same political party), and one from outside the Federal Government, (3) five members appointed by the President of the United States, two from the executive branch of the Government and three from outside the Federal Government, and (4) the Comptroller General of the United States. (b) The Commission shall select a Chairman and a Vice Chairman from among its members. (c) Seven members of the Commission shall constitute a quorvmi. (d) Any vacancies in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. DUTIES OF THE COMMISSION

Study of procurement procedures.

Report to Congress.

SEC. 4. (a) The Commission shall study and investigate the present statutes affecting Government procurement; the procurement policies, rules, regulations, procedures, and practices followed by the departments, bureaus, agencies, boards, commissions, offices, independent establishments, and instrumentalities of the executive branch of the Federal Government; and the organizations by which procurement is accomplished to determine to what extent these facilitate the policy set forth in the first section of this Act. (b) Within two years from the date of enactment of this Act, the Commission shall make a final report to the Congress of its findings and of its recommendations for changes in statutes, regulations, policies, and procedures designed to carry out the policy stated in section 1 of this Act. In the event the Congress is not in session at the end of such two-year period, the final report shall be submitted to the Clerk of the House and the Secretary of the Senate. The Commission may also make such interim reports as it deems advisable.

�


text:
Page:United States Statutes at Large Volume 83.djvu/299

 83 STAT. ]

PUBLIC LAW 91-129-NOV. 26, 1969

271

C O M P E N S A T I O N OF MEMBERS OF THE COMMISSION

SEC. 5. (a) Members of the Commission who are Members of Con<rress or who are officers or employees of the executive branch of the Federal Government, and the Comptroller General, shall receive no compensation for their services as members of the Commission, but shall be allowed necessary travel expenses (or in the alternative, mileage for use of privately owned vehicles and a per diem in lieu of subsistence not to exceed the rates prescribed in sections 5702 and 5704 of title 5, United States Code), and other necessary expenses incurred by them in the performance of duties vested in the Commission, without regard to the provisions of subchapter I, chapter 57 of title 5, Ignited States Code, the Standardized Government Travel Regulations, or section 5731 of title 5, United States Code. (b) The members of the Commission appointed from outside the Federal Government shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Commission in addition to reimbursement for travel, subsistence, and other necessary expenses in accordance with the provisions of the foregoing subsection. POWERS OF THE

Travel expenses. etc.

80 Stat. 498; p. 190.

Ante,

5 USC 57015708. Travel expenses. etc.

COMMISSION

SEC. 6. (a)(1) The Commission, or at its direction any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, administer such oaths, and require by subpena or otherwise the attendance and testimony of such witnesses and the production of such books, records, corresjiondence, memorandums, papers, and documents as the Commission or such subcommittee or member may deem advisable. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or before such subcommittee or member. Subpenas may be issued under the signature of the Chairman or Vice (liairman and may be served by any person designated by the Chairman or the Vice Chairman. i'2) In the case of contumacy or refusal to obey a subpena issued under paragraph (1) of this subsection by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such court, upon application made by the Attorney General of the United States, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee or member thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under inquiry. Any failure of any such person to obey any such order of the court may be punished by the court as a contempt thereof. (b) The Commission is authorized to acquire directly from the head of any Federal department or agency information deemed useful in the discharge of its duties. All departments and agencies of the Government are hereby authorized and directed to cooperate with the Commission and to furnish all information requested by the Commission to the extent permitted by law. All such requests shall be made by or in the name of the Chairman or Vice Chairman of the Commission. (c) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable without regard to the provisions of title 5, United States Code, governing appointments in

Hearings.

Subpena.

Court orders.

Cooperation of Federal agencies.

Compensation of personnel.

�


text:
Page:United States Statutes at Large Volume 83.djvu/300

 272

80 Stat. 4 4 3, 467. 5 USC 5101, 5331,5332 note. 80 Stat. 416, Contract authority.

PUBLIC LAW 91-130-DEC. 1, 1969

[83

STAT.

the competitive service, and such personnel may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no individual shall receive compensation at a rate in excess of the maximum rate authorized by the General Schedule. I n addition, the Commission may procure the services of experts and consultants in accordance with section 310& of title 5, United States Code, but at rates for individuals not in excess of $100 per diem. (d) The Commission is authorized to negotiate and enter into contracts with f)rivate organizations and educational institutions to carry out such studies and prepare such reports as the Commission determines are necessary in order to carry out its duties. G O V E R N M E N T DEPARTMENTS A N D AGENCIES AUTHORIZED TO AID COMMISSION

SEC. 7. Any department or agency of the Government is authorized to provide for the Commission such services as the Commission requests on such basis, reimbursable or otherwise, as may be agreed between the department or agency and the Chairman or Vice Chairman. All such requests shall be made by or in the name of the Chairman or Vice Chairman of the Commission. TERMINATION OF THE COMMISSION

Ante, p. 270.

SEC. 8. One hundred and twenty days after the submission of the final report provided for in section 4 of this Act, the Commission shall cease to exist. AUTHORIZATION OF APPROPRIATIONS

SEC. 9. There are hereby authorized to be appropriated to the Commission such sums as may be necessary to carry out the provisions of this Act. Approved November 26, 1969.

Public Law 91-130 December 1, 1969 [H. R. 14020]

U.S. s a v i n g s bonds. Interest r a t e, increase. 71 Stat. 15. Repeal. 73 Stat. 6 2 1.

AN ACT To amend the Second Libert.v Bond Act to incivase the maximum interest r a t e I>ermitted on United States savings bonds.

Be it enacted by the Semite and Jloune of Repre>^entat'ivex, of the Vn'ited SStdtex. of America in Cojigre-s.H a«-vmhled. That the proviso in the second sentence of section:22(b)(1) of the Second Liberty Bond Act, as amended (31 U.S.C. 757c(b)(1)), is amended by striking out •"3.26 per centum" and inserting in lieu thereof "5 per centum*'. SEC. 2. (a) Section 25 of the Second I^iberty Bond Act (31 U.S.C., sec. 757c-l) is hereby repealed. (b) Section 22(b)(2) of such Act (31 U.S.(\, 757c(b)(2)) is amended by striking o u t " (subject to section 25)" each place it appears therein. SEC. 3. The authority granted by the amendment made by the first section of this Act may be exercised with respect to T']iited States savings bonds bearing issue dates of June 1, 1969, or thereafter. Such authority may also be exercised with respect to United States savings

�


text:
Page:United States Statutes at Large Volume 83.djvu/301

 83 STAT. ]

PUBLIC LAW 91-132-DEC. 2, 1969

bonds issued before June 1,19(J9, but in no case shall the interest rate or investment yield on any bond be changed pursuant to such authority for any period which begins before June 1, 199. For purposes of section 22(b)(2)(A) of the Second Liberty Bond Act and for purposes of section •154(c) of the Internal Revenue Code of 1954, the United States savings notes known as freedom shares issued not later than one year after the date of the enactment of this Act in connection with the issuance of United States series E bonds shall be treated in the same manner as such bonds. Approved December 1, 1969.

273

^s stau 6^2j.

Public Law 91-131 AN ACT

December 1, 1969

To authorize appropriations to carry out the Standard Reference Data Act.

[H. R. 4284]

Be it enacted by the Senate and lioiiae of Representatives of the United States of America in Congress assevibJed. That there are hereby Appropriation. authorized to be appropriated to the Department of Commerce such sums as may be necessary for the fiscal years 1970 and 1971, but not to exceed a total of $6,000,000, to carry out the purposes of the Standard Reference Data Act (Public Law 90-396; 82 Stat. 339). J^l use 290 Approved December 1, 1969.

Public Law 91-132 AN ACT

To provide for the establishment of the William Howard Taft National Historic Site.

December 2, 1969

[H. R. 7066]

Be It enacted by the Senate and House of Representatives of the United States of America m Congress assemhted^ That, in order to wiiuam Howard preserve in public ownership historically significant properties associ- Hfstoric sue, ated with the life of William Howard Taft, the Secretary of the ohio. Interior is authorized to acquire, by donation or purchase with donated Establishment. funds, such land and interests in land, together with buildings and improvements thereon and including scenic easements, at or in the vicinity of Auburn Avenue, Cincinnati, Ohio, as are depicted on the drawing entitled "William Howard Taft National Historic Site Boundary Map,*" numbered TAHO-2009, and dated August 1969. The drawing shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. When acquired such site shall be known as the William Howard Taft National Historic Site. SEC. 2. The administration, development, preservation, and mainte- Administration. nance of the William Howard Taft National Historic Site shall be exercised by the Secretary oT the Interior in accordance with the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916, as amended (16 I'.S.C. 1 et seq.), and the Act entitled ''An Act to 39 Stat. 535. provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (16 U.S.C. 461 et seq.). ^^ Stat. 666. SEC. 3. There are hereby authorized to be appropriated not to exceed Appropriation. $318,000 to provide for the restoration and development of the William Howard Taft National Historic Site. Approved December 2, 1969.

�


text:
Page:United States Statutes at Large Volume 83.djvu/302

 274

PUBLIC LAW 91-133-DEC. 2, 1969

[83 STAT.

Public Law 91-133 December 2, 1969

[s. J. Res. 26]

Eisenhower National Historic Site, P a. Appropriation.

Boundary change.

JOINT

RESOLUTION

rpQ provide for the development of the Eisenhower National Historic Site at Grettysburg, Pennsylvania, and for other purposes. Resolved by th^ Senate and House of Representatives of the United States of America in Congress assembled, That there are hereby authorized to be appropriated not more than $1,081,000 for the development of the Eisenhower National Historic Site at Gettysburg, Pennsylvania, which may not be expended for the construction of major capital improvements as long as the special use permit issued to Mamie Doud Eisenhower by the National Park Service, United States Department of the Interior, on June 3, 1969, remains in effect. SEC. 2. There are hereby excluded from the boundaries of Gettysburg National Military Park, and included within the boundaries of the Eisenhower National Historic Site, the lands and interests therein identified as "Additions to Eisenhower N H S " on the drawing entitled "Proposed Additions to Eisenhower National Historic Site", numbered EISE-20000 and dated June 1969, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior. Approved December 2, 1969.

Public Law 91-134 December 2, 1969 [S.2000]

Lyndon B. Johnson National Historic Site, T e x. Establishment,

Administration.

Appropriation.

AN ACT To establish the Lyndon B. Johnson National Historic Site. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in order to preserve in public ownership historically significant properties associated with the life of Lyndon B, Johnson, the Secretary of the Interior is authorized to acquire, by donation or by purchase with donated funds, such lands and interests in lands, together with the buildings and improvements thereon, at or in the vicinity of Johnson City, Texas, as are depicted on the drawing entitled "Lyndon B. Johnson National Historic Site Boundary Map", numbered N H S LBJ-20,000 and dated September 1969, together with such lands as from time to time may be donated for addition to the site and such lands as he shall deem necessary to provide adequate public parking for visitors at a suitable kx^ation. The drawing shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. When acquired such site shall be known as the Lyndon B. Johnson National Historic Site. SEC. 2. The Secretary shall administer the Lyndon B. Johnson National Historic Site in accordance with the Act approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented, and the Act approved August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), as amended. SEC. 3. There are hereby authorized to be appropriated not more than $180,000 to provide for the development of the Lyndon B. Johnson National Historic Site. Approved December 2, 1969.

�


text:
Page:Tom Swift and His Airship.djvu/153

Rh, and to deliberately fire on us, with the chance of disabling us, seems worse than barbarous."

"Well, we won't give 'em another opportunity," commented Mr. Damon.

"No, indeed, not this city, but who knows but what the example may spread? We may be fired at the next town we sail over."

"Then steer clear of the towns," advised Tom.

"Impossible. We must pass over some, but I'd like to solve this mystery."

The day passed without further incident, though they did not go low enough down over any city to drop any messages. It was decided that it would not be safe.

"We'll take a chance at night," suggested Tom, and that evening, approaching a good-sized town in the dusk, several of the weighted envelopes were dropped overboard. Doubtless persons walking along the street, who were startled by hearing something fall with a "thud" at their feet, were much startled to look up and see, dimly, a great, ghostly shape moving in the air. But there was no shooting, and, eventually, some of the messages reached Mr. Swift, in Shopton. But he could not answer them for the airship kept on the move.

The night was spent floating in the air, with the

title: Page:Tom Swift and His Airship.djvu/153


text:
Page:United States Statutes at Large Volume 83.djvu/303

 83 STAT. ]

PUBLIC LAW 91-135-DEC. 5, 1969

275

Public Law 91-135 AN ACT

December 5, 1969

T(» prevent the iiin)<)rthtiii of eiubuiuercd species of fish or wildlife into the United States: to prevent the interstate shipment of reptiles, anipliibicins, and other wildlife taken contrary to State law: and for other purjtoses.

Be if emu-fed by fhe Senafe (oid IlouHe of liepre>^enf<ifires of fhe [hiifed Sfdfe.s of America in, Congres.'^ (f.s.se/iih/ed. l l i a t, for the piirl)ses of sections 2 throuo'h f) of this Act, the teriu— (1) " Secretary " means the Secretary of the Interior; ('2) "fish or wihllife" means any wild m a m m a l, fish, wild bird, a m p h i b i a n, reptile, mollusk, or crustacean, or any part, p r o d u c t s. eo-:iii Islands, aiul ( i u a m; and (4) ''person"' means any i n d i v i d u a l, Hrm, cori^oration, association, or partnership. SKC. 2. E x c e p t as provided in section;5 of this Act, whoever imi)rts from any forei. (a) A species or subspecies of fish or wildlife shall be deemed to be t h r e a t e n e d with worldwide extinction Avhenever the Secretary determines, based on the best scientific and commercial data available to h i m and after consultation, in cooperation with the Secretary of State, with the foreign c o u n t r y o r countries in which such fish or wildlife are n o r m a l l y found and, to the extent practicable. with interested persous and o r o a n i / a t i o u s and other interested Federal agencies, that the continued existence of such species or subspecies of fish or wildlife is. in the judgment of the Secretary, e n d a n g e r e d due to any of the following factors; (1) the destruction, drastic modifieation, or severe c u r t a i l m e n t, or the t h r e a t e n e d destruction, drastic modification, or severe c u r t a i l m e n t, of its h a b i t a t, or (2) its overutilization for commercial o r s])rting purposes, ot- (-'>) the effect on it of disease o r p r e d a t i o n, or (4) other n a t u r a l o r m a n - m a d e factors affecting its continued existence. A f termaking such determination, the Cf

,

i n

1

.

1

< •

.•

i

.•

1

•

'

F i s h or wildlife. Importation of

endTtigered species, prevention.

species exTinc^ron.^ ' Determination ^y^^"'^"""" Secre-

Publication in Federal

Regjs-

Secretary shall promulgate and from time to time he may revise, ter. by r e o u l a t i o n, a list in the Federal Kegister of such fish o r wildlife by scientific, common, and connnercial n a m e or names, together w i t h his determination. The Secretary shall at least once every five years conduct a t h o r o u g h review of any such list to determine what, if any, changes have occurred relative to the continued existence of the species oi- subspecies of fish o r wildlife then on the list and to determine w h e the r sncli fish or wildlife continue to be t h r e a t e n e d with worldwide extinction. Upon completion of such review, he shall take appropriate action consistent with the purposes of t h i s Act. The Secretary shall, upon the re(piest of any interested person, also conduct such review of any part i c u l a r listed species o r subspecies at any other t i m e if h e finds and publishes h i s finding that such person has p r e sented substantial evidence to w a r r a n t sncli a review. (b) I n o r d e r to minimize undue economic h a r d s h i p to any person Economic hardi m p o r t i n g any species o r subspecies of fish o r wnldlife which a r e deter- ^ Filing of appiimined to be t h r e a t e n e d w i t h w o r l d w i d e extinction under t h i s section, cation. under any contract entered into p r i o r to the date of publication of such determination in the Federal R e g i s t e r of such species or subspecies, the

�


text:
Page:United States Statutes at Large Volume 83.djvu/304

 276

Importation for educational or scientific purposes.

80 Stat. 383. Violations, penalty provisions.

Hearing notice.

Search and seizure warrant.

P o s t i n g of bond.

Notification of s e i z u r e.

PUBLIC LAW 91-135-DEC. 5, 1969

[83 STAT.

Secretary, upon such person filing an application with him and upon filing such information as the Secretary may require showing, to his satisfaction, such hardship, shall permit such person to import such species or subspecies in such quantities and for such periods, not to exceed one year, as he determines to be appropriate. (c) The Secretary may permit, under such terms and conditions as he may prescribe, the importation of any species or subspecies of fish or wildlife listed in the Federal Register under this section for zoological, educational, and scientific purposes, and for the propagation of such fish or wildlife in captivity for preservation purposes, unless such importation is prohibited by any other Federal law or regulation. (d) The provisions of section 553 of title 5 of the United States Code shall apply to any regulation issued under this section. SEC. 4. (a)(1) Any person who violates any provision of section 2 or 3 of this Act or any regulation or permit issued thereunder, or any regulation issued under subsection (d) of this section, other than a violation the penalty for which is prescribed by subsection (b) of this section, shall be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with, respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be compromised by the Secretary. Upon any failure to pay the penalty assessed under this paragraph, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found or resides or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the violation and the assessment of the civil penalty de novo. (2) Any employee authorized pursuant to subsection (c) of this section to enforce the provisions of sections 2 and 3 of this Act, and any regulations or permits issued pursuant thereto or pursuant to subsection (d) of this section, shall have authority, in addition to any other authority provided by law relating to search and seizure, to execute any warrant to search for and seize any fish or wildlife or property or items taken, used, or possessed in connection with any violation of any such section, regulation, or permit w'ith respect to which a civil penalty may be assessed pursuant to paragraph (1) of this subsection. Such fish, wildlife, property, or item so seized shall be held by any employee authorized by the Secretary or the Secretary of the Treasury pending disposition of proceedings by the Secretary involving the assessment of a civil penalty pursuant to paragraph (1) of this subsection; except that the Secretary may, in lieu of holding such fish, wildlife, property, or item, permit such person to post a bond or other surety satisfactory to the Secretary. Upon the assessment of a civil penalty pursuant to paragraph (1) of this subsection for any nonwillful violation of any such section, regulation, or permit, such fish wildlife, property, or item so seized may be proceeded against in any court of competent jurisdiction and forfeited to the Secretary for disposition by him in such manner as he deems appropriate. The owner or consignee of any such fish, wildlife, property, or item so seized shall, as soon as practicable following such seizure, be notified of that fact in accordance with regulations established by the Secretary or the Secretary of the Treasury. Whenever any fish or wildlife or property or item is seized pursuant to this subsection, the Secretary shall move to dispose of the civil penalty proceedings pursuant to paragraph (1) of this subsection as expeditiously as possible. If, with respect to any such fish, wildlife, property, or item so seized no action is commenced in any court of competent jurisdiction to obtain the

�


text:
Page:United States Statutes at Large Volume 83.djvu/305

 83 STAT. ]

PUBLIC LAW 91-135-DEC. 5, 1969

277

forfeiture of suck lish, wildlife, property, or item within thirty days followin;i>- the disposition of proceedings involving the assessment of a civil peualty, such fish, wildlife, property, or item shall be innnediately returned to the owner or the consignee in accordance with regulations promulgated by the Secretary. (b) Any person who willfully violates any provision of section 2 or Penalty. o of this Act or any regulation or permit issued thereunder or any regulation issued under subsection (d) of this section shall, upon conviction, be fined not more than $10,000, or iuiprisoned for not more than one year, or both. (c) The provisions of sections 2 and?> of this Act and any regula- Enforcement .

I.

,

,

,

.

/ n\ provisions.. n ov s ons

tioiis or permits issued pursuant thereto or pursuant to subsection (a) of this section shall be enforced by either the Secretary or the Secretary of the Treasury, or both such Secretaries. Either Secretary may utilize, by agreement, the personnel, services, and facilities of any other Federal agency or any State agency. Any employee of the Department of the Interior or the Department of the Treasury authorized by the Secretary or the Secretary of the Treasury may, without a warrant, arrest any person who such employee has probable cause to believe is willfully violating, in his presence or view, any such section, or any regidation or permit issued thereunder, the penalty for which is provided under subsection (b) of this section, and may execute a warrant or other process issued hj an officer or court of competent jurisdiction to enforce the provisions of such sections, regulat'ons or permits. An employee who has made an arrest of a perscm in connection with any such willful violation may search such person at the time of his arrest and seize any fish or wildlife or property or items taken, used, or ])Ossessed in connection with any such violation, or any such employee shall have authority, in addition to any other authority provided by law relating to search and seizure, to execute any warrant to search for and seize any such fish, wildlife, property, oi- item so taken, used, or possessed. Any fish or Mildlife or property or item seized shall be held by any employee authorized by the Secretary or the Secretary of the Treasury or by a United States marshal pending disposition of the case by the court, commissioner, or magistrate, except that the Secretary may, in lieu thereof, permit such person to post a bond or other surety satisfactory to him. Upon conviction, any (1) fish or wildlife seized shall be forfeited to the Secretary for disposal by him in such manner as he deems appropriate, and (2) any other property or items seized may, in the discretion of the court, commissioner, or magistrate, be forfeited to the United States or otherwise disposed of. The owner or consignee of any s eNotification of izure. sucii fisli, wildlife, property, or item so seized, shall, as soon as practicable following such seizure, be notified of that fact in accordance with regulations established by the Secretary or the Secretary of the Return of Treasury. If no conviction results from any such alleged violation, property to owner. such fish, wildlife, property or item so seized in connection therewith shall be immediately returned to the owner or consignee in accordance with regulations promulgated by the Secretary, unless the Secretary, withhi thirty days following the final disposition of the case involving such violation, commences proceedings under subsection (a) of this section. (d) For the purposes of facilitating enforcement of sections 2 and ^^^^^:^°l^-^ °^ P of this Act and reducing the costs thereof, the Secretary, with the ^iJ)n^^y sec^eflry > approval of the Secretary of the Treasury, shall, after notice and an Hearing notice. opportunity for a public hearing, from time to time designate, by regulation, any port or ports in the United States for the importation of fish and wildlife, other than shellfish and fishery products imported for commercial purposes, into the United States. The importation of

31-100 O - 70 - 20

�


text:
Page:United States Statutes at Large Volume 83.djvu/306

 278

Exceptions.

Regulations, issuance. International agreements for fish and wildlife preservation.

International conservation convention.

Appropriation.

Law administration, coordination. 26 Stat. 416; 32 Stat. 792; 76 Stat. 129; 46 Stat. 689.

46 Stat. 741.

PUBLIC LAW 91-135-DEC. 5, 1969

[83 STAT.

such fisli or wildlife into any port in the United States, except those so designated, shall be prohibited after the effective date of such designations; except that the Secretary, under such terms and conditions as he may prescribe, may permit importation at nondesignated ports for movement to designated ports of entry. Such regulations may provide other exceptions to such prohibition if the Secretary deems it appropriate and consistent with the purposes of this subsection. (e) I n carrying out the provisions of sections 2 through 5 of this Act, the Secretary may issue such regulations as may be appropriate. SEC. 5. (a) In carrying out the provisions of sections 2 and 3 of this Act, the Secretary, through the Secretary of State, shall encourage foreign countries to provide protection to species and subspecies of fish or wildlife threatened with worldwide extinction, to take measures to prevent any fish or wildlife from becoming threatened with extinction, and shall cooperate with such countries m providing technical assistance in developing and carrying out programs to provide such protection, and shall, through the Secretary of State, encourage bilateral and multilateral agreements with such countries for the protection, conservation, and propagation of fish or wildlife. The Secretary shall also encourage persons, taking directly or indirectly fish or wildlife in foreign countries for importation into the United States for commercial or other purposes, to develop and carry out, with such assistance as he may provide under any authority available to him, conservation practices designed to enhance such fish or wildlife and their habitat. The Secretary of State, in consultation with the Secretary, shall take appropriate measures to encourage the development of adequate measures, including, if appropriate, international agreements, to prevent such fish or wildlife from becoming threatened with worldwide extinction. (b) To assure the worldwide conservation of endangered species and to prevent competitive harm to affected United States industries, the Secretary, through the Secretary of State, shall seek the convening of an international ministerial meeting on fish and wildlife prior to June 30, 1971, and included in the business of that meeting shall be the signing of a binding international convention on the conservation of endangered species. (c) There are authorized to be appropriated such sums, not to exceed $200,000, as may be necessary to carry out the provisions of subsection (b) of this section, such sums to remain available until expended. SEC. 6. (a) The Secretary of Agriculture and the Secretary shall provide for appropriate coordination of the administration of this Act and amendments made by this Act, with the administration of the animal quarantine laws (21 U.S.C. 101 et seq., 21 U.S.C. I l l, 21 U.S.C. 134 et seq.) and the Tariff Act of 1930, as amended (19 U.S.C. 1306). (b) Nothing in this Act, or any amendment made by this Act, shall be construed as superseding or limiting in any manner the functions of the Secretary of Agriculture under any other law relating to prohibited or restricted importations of animals and other articles and no proceeding or determination under this Act shall preclude any proceeding or be considered determinative of any issue of fact or law in any proceeding under any Act administered by the Secretary of Agriculture. (c) Nothing in this Act, or any amendment made by this Act, shall be construed as superseding or limiting in any manner the functions and responsibilities of the Secretary of the Treasury under the Tariff Act of 1930, as amended, including, without limitation, section 527 of said Act (19 U.S.C. 1527) relating to the importation of wildlife taken, killed, possessed or exported to the United States in violation of the laws or regulations of a foreign country.

�


text:
Page:United States Statutes at Large Volume 83.djvu/307

 83 STAT. ]

PUBLIC LAW 91-135-DEC. 5, 1969

279

SEC. 7. (a) Section 43 of title 18, United States Code, is amended,62 stat esv; .

T

_p •^^

'

to read as lollows: "§43. Transportation of wildlife taken in violation of State, National, or foreign laws; receipt; making false records " (a) Any person who— "(1) delivers, carries, transports, or ships, by any means whatever, or causes to be delivered, carried, transported, or shipped for commercial or noncommercial purposes or sells or causes to be sold any wildlife taken, transported, or sold in any manner in violation of any Act of Congress or regulation issued thereunder, or "(2) delivers, carries, transports, or ships, by any means whatever, or causes to be delivered, carried, transported, or shipped for commercial or noncommercial purposes or sells or causes to be sold in interstate or foreign commerce any wildlife taken, transported, or sold in any manner in violation of any law or regulation of any State or foreign country; or " (b) Any person who— "(1) sells or causes to be sold any products manufactured, made, or processed from any wildlife taken, transported, or sold in any manner in violation of any Act of Congress or regulation issued thereunder, or "(2) sells or causes to be sold in interstate or foreign commerce any products manufactured, made, or processed from any wildlife taken, transported, or sold in any manner in violation of any law or regulation of a State or a foreign country, or "(3) having purchased or received wildlife imported from any foreign country or shipped, transported, or carried in interstate commerce, makes or causes to be made any false record, account, label, or identification thereof, or "(4) receives, acquires, or purchases for commercial or noncommercial purposes any wildlife— " (A) taken, transported, or sold in violation of any law or regulation of any State or foreign country and delivered, carried, transported, or shipped by any means or method in interstate or foreign commerce, or " (B) taken, transported, or sold in violation of any Act of Congress or regulation issued thereunder, or "(5) imports from Mexico to any State, or exports from any State to Mexico, any game mammal, dead or alive, or part or product thereof, except under permit or other authorization of the Secretary or, in accordance with any regulations prescribed by him, having due regard to the requirements of the Migratory Birds and Game Mammals Treaty with Mexico and the laws of the United States forbidding importation of certain live mammals injurious to agriculture and horticulture; shall be subject to the penalties prescribed in subsections (c) and (d) of this section. "(c)(1) Any person who knowingly violates, or who, in the exercise of due care, should know that he is violating, any provision of subsection (a) or (b) of this section may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation shall be a separate offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Any such civil penalty may be comin'omised by the Secretary. Upon any failure to pay the penalty assessed under this paragraph, the Secretary may request the Attorney General to institute a civil action in a district court of the United

74 Stat.

754.

so Stat. u i i.

Penalty.

^ea^^g notice.

�


text:
Page:United States Statutes at Large Volume 83.djvu/308

 280

PUBLIC LAW 91-135-DEC. 5, 1969

[83 STAT.

States for any district in which such person is fonnd or resides or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the violation and the assessment of the civil penalty de novo. Search and •'(2) Any employee authorized by the Secretary to enforce the seizure warrant provisions of this section, or any officer of the customs, shall have authority to execute any warrant to search for and seize any wildlife, product, property, or item used or possessed in violation of this section with respect to which a civil penalty may be assessed pursuant to paragraph (1) of this subsection. Such wildlife, product, property, or item so seized shall be held by such employee pending disposition of proceedings by the Secretary involving the assessment of a civil Posting of bond, pejuilty pursuant to paragraph (1) of this subsection; except that the Secretary may, in lieu of holding such wildlife, product, property, or item, permit such person to post a bond or other surety satisfactory to the Secretary. Upon the assessment of a civil penalty pursuant to paragraph (1) of this subsection for any nonwillfid violation of this section, such wildlife, product, property, or item so seized may be proceeded against in any court of competent jurisdiction and forfeited to the Secretary for disposition by him in such manotification of ner as he deems appropriate. The owner or consignee of any such seizure. wildlife, product, property, or item so seized shall, as soon as practicable following such seizure, be notified of that fact in accordance with regulations established by the Secretary oi- the Secretary of the Treasury. Whenever any wildlife, product, property, or item is seized pursuant to this subsection, the Secretary shall move to dispose of the civil penalty proceedings pursuant to paragraph (1) of this subsection as expeditiously as possible. If, with respect to any such Avildlife, product, property, or item so seized, no action is commenced in any court of competent jurisdiction to obtain the forfeiture of such wildlife, product, property, or item within thirty days following the disposition of proceedings involving the assessment of a civil penalty, such wildlife, product, property, or item shall be innnediately returned to the owner or the consignee in accordance with regulations promulgated by the Secretary. Penalty. " (d) Any person who knowingly and willfully violates any provision of subsection (a) or (b) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both. "(e) Any wildlife or products thereof seized in connection with any knowing and willful violation of this section with respect to which a penalty may be imposed pursuant to subsection (d) shall, upon conviction of such violation, be forfeited to the Secretary to be disposed of by him in such manner as he deems appropriate. Any other property or item so seized may upon conviction, in the discretion of the court, be forfeited to the United States or otherwise disposed of. The owner or consignee of any such wildlife, product, property, or item so seized shall, as soon as practicable following such seizure, be notified of that fact in accordance with regulations established by the Secretary or the Secretary of the Treasury. If no conviction results from any such alleged violation, such wildlife, product, property or item so seized in connection therewith shall be immediately returned to the owner or consignee in accordance with regulations promulgated by the Secretary, unless the Secretary, within thirty days following the final disposition of the case involving such violation, commences proceedings under subsection (c) of this section.

�


text:
Page:United States Statutes at Large Volume 83.djvu/309

 83 STAT. ]

PUBLIC LAW 9 1 - 1 3 5 - D E C. 5, 1969

281

"(f)

For the p u r p o s e of this section, the term — " (1) ' Secretary ' means the Secretary of the Interior; " (2) 'person' means any i n d i v i d u a l, firm, corporation, association, or part n e r s l i i p; "(:>) 'Avildlife' means any wihl m a n n n a l, wild b i r d, a m p h i b i a n, reptile, mollusk, or crustacean, or any part, egg, or otfspring thereof, or the dead body or part s thereof, b u t does not include m i g r a to r y b i r d s for which protection is afforded under the M i g r a to r y B i r d T r e a t y Act, as amended; " (4) ' State ' means the several States, the District of Columbia, the C o m m o n w e a l t h of P u e r to Rico, A u i e r i c a n S a m o a, the V i r g i n Islands, and G u a m; and " (5) ' t a k e n ' means c a p t u r e d, killed, collected, or otherwise possessed." (b) Section ^054 of title 18 of the United States Code is amended to read as follows: "§ 3054. Officers' p o w e r s i n v o l v i n g a n i m a l s and b i r d s " Any employee a u t h o r i z e d by the Secretary of the Interior to enforce sections 4'2, 43, and 44 of this title, and any officei- of the customs, ^

- 1

j_-

V >

II

1

1

Definitions.

te use vfo.'

^^ ^'^'- ^^''•

^^ f*^'- ^^^• Ante,

p.

279.

juay arrest any person Avno violates section 42 or 44, or who such 62 Stat. 687. employee or officer of the customs has probable cause to believe is knowingly and willfully violating section -J3, in his presence or view, and may execute any Avarrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of said sections.''. (c) Section 3112 of title 18 of the United States Code is amended to ^2 Stat. 820. read;)s follows: "§ 3112. S e a r c h w a r r a n t s for s e i z u r e of a n i m a l s, birds, or e g g s ' ' Any employee a u t h o r i z e d by the Secretary of the Iilierior to enforce sections 42, 4;'), and 44 of this title, and any officer of the customs, shall have authority to execute any warrant to search for aiul seize any wildlife, p r o d u c t, property, or item used or possessed in connection with a violation of section 42 or 44, or in connection with a k n o w i n g and willfid violation of section 43, and any such wildlife, p r o d u c t, l)roperty, or item so seized shall be held by him or by the United States m a r s h a l pendina' disposition thereof by the court.'". Si:c. 8. (a) The first p a r a g r a ]) h in 'section 44 of title 18, United working and States Code, is amended by deleting "Avild animals or b i r d s, or the sionsT^ providead bodies or part s thereof," and inserting " any Avild m a m m a l, Avild bird, amphibian, or reptile, oi- any mollusk or crustacean, or the d e a d b o d y or part s or eggs thereof." (b) Section 44 of title 18, United States Code, is amended by a d d i n g at the end thereof a new paragraph to read as folloAA's: " I n any case Avhere the m a r k i n g, labeling, or t a g g i n g of a p a c k a g e under t h i s section i n d i c a t i n g in any Avay the contents thereof would create a significant possibility of theft of the p a c k a g e or its contents, the Secretary of the Interior may, upon request of the owner thereof or his a g e n t or by r e g u l a t i o n, p r o v i d e some other reasonable means of not i f v i n g appropriate author-ities of the contents of such p a c k a g e s. " SF.C. b. (a) Section 2 of the B l a c k B a s s Act (44 Stat. 576), as a^endLn^s" ^ amended (10 I '. S. C. 852), is amended to read as folloAA'S: Tl"s^^?5^*7. " S K ( \ 2. I t shall be uidawful for any person—• " (1) to deliver or receive for transportation, or to transport, by any means Avhatsoever, in interstate or foreign commerce*, any black bass aiul other fish, if such person k n o w s or in the exercise of due care should k n o w that (A) such delivery or transportation is c o n t r a r y to the hiAV of the State or any foreign c o u n t r y from which such black bass or other fish is found or t r a n s p o r t e d, or is c o n t r a r y to other applicable law, or (B) such black bass or other

�


text:
Page:United States Statutes at Large Volume 83.djvu/310

 282

PUBLIC LAW 91-135-DEC. 5, 1969

[83 STAT.

fish has been either caught, killed, taken, sold, purchased, possessed, or transported, at any time, contrary to the law of the State or foreign country, in which it was cau*^ht, killed, taken, sold, purchased, or possessed, or from which it was transported, or contrary to other applicable law; "(2) to purchase or receive any such black bass or other fish, if = ' such person knows, or in the exercise of due care should know, that such bass or fish has been transported in violation of the provisions of this Act; ''(3) receiving any shipment of black bass or other fish transported in interstate or foreign commerce to make any false record or render a false account of the contents of such shipment, if such person knows, or in the exercise of due care should know, that such record or account is false. For the purposes of this section, 62 Stat. 686. ^j^g provisions of section 10 of title 18, Ignited States Code, shall apply to the term 'interstate or foreign commerce"." (b) Section 3 of the Black Bass Act (46 Stat. 846), as amended (16 61 Stat. 517. X^.S.C. 852a), is amended by deleting the comma after "'commerce" and inserting therein "or foreign commerce,"'. (c) Section 6(a) of the Black Bass Act (46 Stat. 846), as amended (16 U.S.C. 852d(a)), is amended by adding a new sentence at the end thereof to read as follows: "The provisions of this section and any regulations issued thereunder shall be enforced by personnel of the Secretary of the Interior, and he may utilize by agreement, with or without reimbursement, personnel, services, and facilities of other Federal agencies." (d) The first section of the Black Bass Act (46 Stat. 846), as amended (16 U.S.C. 851), is amended by inserting immediately before the period at the end thereof a comma and the following: "and the term 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam". ^""P^^^SEC. 10. The second paragraph of section 4 of the Migratory Bird 4/statr'is5".' Treaty Act, as amended (16 U.S.C. 705), is hereby repealed. Effective dkte. SEC. 11. The provisions of sections 1 through 10 of this Act shall be effective one hundred and eighty days after the date of enactment .t ^. >..E: of this Act. ...OS,a,:....: g^^^ ^2^ ^^^ Section 1 of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668aa), is amended by adding new subsection at the end thereof to read as follows: w'l'^i-f'^""'^ " (d) For the purpose of sections 1 through 3 of this Act, the term 'fish and wildlife' means any wild mammal, fish, w41d bird, amphibian, reptile, mollusk, or crustacean." (b) The last sentence of section 2(c) of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668bb(c)), is amended by changing the "$750,000" to "$2,500,000". (c) Section 2(d) of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668bb(d)), is amended by adding a new sentence at the end thereof to read as follows: "The Secretary is authorized to acquire ,.yia j^y purchase, donation, exchange, or otherwise any privately owned land, water, or interests therein within the boundaries of any area administered by him, for the purpose of conserving, protecting, restoring, or propagating any selected species of native fish and wildlife that are threatened with extinction and each such acquisition shall be administered in accordance with the provisions of law applicable to Appropriation. gyp|^ nven, aud there is authorized to be appropriated annually for fiscal years 1970, 1971, and 1972 not to exceed $1,000,000 to carry out the provisions of this sentence."

�


text:
Page:United States Statutes at Large Volume 83.djvu/311

 83 STAT. ]

PUBLIC LAW 91-137-DEC. 5, 1969

(d) The provisions of sections 1 througii 5 of this Act and sections 1 through 3 of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668aa-668cc), as amended by this section, shall hereinafter be cited as the "Endangered Species Conservation Act of 1969". (e) The second sentence of section 1(a) of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668aa(a)), is amended by changing the coninia after the word "extinction" to a period and deleting the remainder of the sentence. (f) The provisions of sections 4 and 5 of the Act of October 15, 1966 (80 Stat. 929; 16 U.S.C. 668dd-668ee), as amended, shall hereinafter be cited as the "National Wildlife Refuge System Administration Act of 1966". Approved December 5, 1969.

283

citation of act.

citation of act.

Public Law 9 1 4 3 6 AN ACT

To ameiicl section 336(c) of the Immigration and Nationality Act.

December 5, 1969

[H. R. 3666]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 336(c) Naa^nliu*y°Ac^?'^ of the Immigration and Nationality Act is hereby amended to read as amendment. 66 Stat. 257. follows: 8 USC 1447. "(c) Except as otherwise specifically provided in this title, no final hearing shall be held on any petition for naturalization nor shall any person be naturalized nor shall any certificate of naturalization be issued by any court within a period of thirty days after the filing of the petition for naturalization. The Attorney General may waive such period in an individual case if he finds that the waiver will be in the public interest." Approved December 5, 1969.

Public Law 91-137 AN ACT

To extend for one year the authorization for research relating to fuels and vehicles under the provisions of the Clean Air Act.

December 5, 1969

[s. 2276]

Be it enacted by the Senate and House of Representatives of the Clean Air United States of America in Congress assembled, That the first sen- amendment. Act, tence of section 104(c) of the Clean A i r Act (42 U.S.C. 1857b-l(c)) "TrstaT.^ss is amended by striking out "and", and by striking out the period at the end thereof and inserting in lieu thereof ", and for the fiscal year ending June 30, 1970, $45,000,000.". Approved December 5, 1969.

�


text:
Page:United States Statutes at Large Volume 83.djvu/312

 284

PUBLIC LAW 91-138-DEC. 5, 1969

[83 STAT.

Public Law 91-138 December 5, 1969 AN ACT [H.R. 14195] To revise the law governing contests of elections of Members of the House of Representatives, and for other purposes. Federal Contested Election Act.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembted^

of the

SHORT TITLE SECTION

1. This Act may be cited as the "Federal Contested Election

Act". DEFINITIONS

SEC. 2. For purposes of this Act^— (a) The term "election" means an official general or special election to choose a Representative in or Resident Commissioner to the Congress of the United States, but does not include a primary election, or a caucus or convention of a political party. (b) The term "candidate" means an individual (1) whose name is printed on the official ballot for,election to the House of Representatives of the United States, or (2) notwithstanding his name is not printed on such ballot, who seeks election to the House of Representatives by write-in votes, provided that he is qualified for such office and that, under the law of the State in which the congressional district is located, write-in voting for such office is permitted and he is eligible to receive write-in votes in such election. (c) The term "contestant" means an individual who contests the election of a Member of the House of Representatives of the United States under this Act. (d) The term "contestee" means a Member of the House of Representatives of the United States whose election is contested under this Act. (e) The term "Member" means an incumbent Representative in or Resident Commissioner to the Congress of the United States, or an individual who has been elected to either of such offices but has not taken the oath of office. (f) The term "Clerk" means the Clerk of the House of Representatives of the United States. (g) The term "committee" means the Committee on House Administration of the House of Representatives of the United States. (h) The term "State" includes territory and possession of the United States; (i) The term "write-in vote" means a vote cast for a person whose name does not appear on the official ballot by writing in the name of such person on such ballot or by any other method prescribed by the law of the State in which the election is held. NOTICE o r CONTEST

SEC. 3. (a) Whoever, having been a candidate for election to the House of Representatives in the last preceding election and claiming a right to such office, intends to contest the election of a Member of the House of Representatives, shall, within thirty days after the result of such election shall have been declared by the officer or Board of Canvassers authorized by law to declare such result, file with the Clerk and serve upon the contestee written notice of his intention to contest such election. (b) Such notice shall state with particularity the grounds upon which contestant contests the election and shall state that an answer

�


text:
Page:United States Statutes at Large Volume 83.djvu/313

 83 STAT. ]

PUBLIC LAW 91-138-DEC. 5, 1969

thereto must be served upon contestant under section 4 of this Act within thirt}^ days after service of such notice. Such notice shall be signed by contestant and verified by his oath or affirmation. (c) Service of the notice of contest upon contestee shall be made as follows: (1) by delivering a copy to him personally; (2) by leaving a copy at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein; (3) by leaving a copy at his principal office or place of business with some person then in charge thereof; (J:) by delivering a copy to an agent authorized by appointmeuf: to receive rervice of such notice; or (5) by mailing a copy by registered or certified mail addressed to contestee at ids residence or principal office or place of business. Service by mail is complete upon mailing; (6) the verified return by the person so serving such notice, setting forth the time and manner of such service shall be proof of same, and the return post office receipt shall be proof of the service of said notice mailed by registered or certified mail as aforesaid. Proof of service shall be made to the Clerk promptly and in any event within the time during which the contestee must answer the notice of contest. Failure to make proof of service does not affect the validity of the service. ANSWER; DEFKXSES >[ADE BY MOTION

SEC. 4. (a) Any contestee upon whom a notice of contest as described in section 3 shall be served, shall, within thirty days after the service thereof, serve upon contestant a written answer to such notice, admitting or denying the averments upon which contestant relies. If contestee is without knowledge or information sufficient to form a belief as to the truth of an averment, lie shall so state and this shall have the etfect of a denial. Such answer shall set forth affirmatively any other defenses, in law or fact, on which contestee relies. Contestee shall sign and verify such answer by oath or affirmation. (b) At the option of contestee, the following defenses may be made by motion served upon contestant prior to contestee's answer: (1) Insufficiency of service of notice of contest, (2) Lack of standing of contestant. (3) Failure of notice of contest to state grounds sufficient to change result of election. (4) Failure of contestant to claim right to contestee's seat. (c) If a notice of contest to which an answer is required is so vague or ambiguous that the contestee cannot reasonably be required to frame a responsive answer, he may move for a more definite statement before interposing his answer. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the committee is not obeyed within ten days after notice of the order or within such other time as the committee may fix, the committee may dismiss the action, or make such order as it deems just. (d) Service of a motion permitted under this section alters the time for serving the answer as follows, unless a different time is fixed by order of the committee: If the committee denies the motion or postpones its disposition until the hearing on the merits, the answer shall be served within ten days after notice of such action. If the committee grants a motion for a more definite statement the answer shall be served within ten days after service of the more definite statement.

285

�


text:
Page:United States Statutes at Large Volume 83.djvu/314

 286

PUBLIC LAW 91-138-DEC. 5, 1969 SERVICE

AND

F I L I N G OF PAPERS OTHER T H A N NOTICE H O W M A D E; PROOF OF SERVICE

[83 STAT. OF

CONTEST;

SEC. 5. (a) Except for the notice of contest, every paper required to be served shall be served upon the attorney representing the party, or, if he is not represented by an attorney, upon the party himself. Service upon the attorney or upon a party shall be made: (1) by delivering a copy to him personally; (2) by leaving it at his principal office with some person then in charge thereof; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with a person of discretion not less than sixteen years of age then residing therein; or (3) by mailing it addressed to the person to be served at his residence or principal office. Service by mail is complete upon mailing. (b) All papers subsequent to the notice of contest required to be served upon the opposing party shall be filed with the Clerk either before service or within a reasonable time thereafter. (c) Papers filed subsequent to the notice of contest shall be accompanied by proof of service showing the time and manner of service, made by affidavit of the person making service or by certificate of an attorney representing the party in whose behalf service is made. Failure to make proof of service does not affect the validity of such service. DEFAUIiT OF CONTESTEE

SEC. 6. The failure of contestee to answer the notice of contest or to otherwise defend as provided by this Act shall not be deemed an admission of the truth of the averments in the notice of contest. Notwithstanding such failure, the burden is upon contestant to prove that the election results entitle him to contestee's seat. T A K I N G T E S T I M O N Y BY

DEPOSITION

SEC. 7. (a) Either party may take the testimony of any person, including the opposing party, by deposition upon oral examination for the purpose of discovery or for use as evidence in the contested election case, or for both purposes. Depositions shall be taken only within the time for the taking of testimony prescribed in this section. (b) Witnesses may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending contested election case, whether it relates to the claim or defense of the examining party or the claim or defense of the opposing party, including the existence, description, nature, custody, condition and location of any books, papers, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. After the examining party has examined the witness the opposing party may cross examine. (c) The order in which the parties may take testimony shall be as follows: (1) Contestant may take testimony within thirty days after service of the answer, or, if no answer is served within the time provided in section 4, within thirty days after the time for answer has expired. (2) Contestee may take testimony within thirty days after contestant's time for taking testimony has expired. (3) If contestee has taken any testimony or has filed testimonial affidavits or stipulations under section 8(c), contestant may take rebut-

�


text:
Page:United States Statutes at Large Volume 83.djvu/315

 83 STAT. ]

PUBLIC LAW 91-138-DEC. 5, 1969

tal testimony within ten days after contestee's time for taking testimony has expired. (d) Testimony shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held. (e) Attendance of witnesses may be compelled by subpena as provided in section 9. (f) A t the taking of testimony, a party may appear and act in person, or by his agent or attorney. (g) The officer before whom testimony is to be taken shall put the witness under oath and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed. All objections made at the time of examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. I n lieu of participating in the oral examination, a party served with a notice of deposition may transmit written interrogatories to the officer, who shall propound them to the witness and record the answers verbatim. (h) When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and the parties. Any changes in the form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and note on the deposition the fact of the waiver or of the illness or the absence of the witness or the fact of refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress, the committee rules that the reasons given for the refusal to sign require rejection of the deposition in whole or in part, NOTICE o r DEPOSITIONS; TESTIMONY BY AFFIDAVIT OR STIPULATION

SEC. 8. (a) A party desiring to take the deposition of any person upon oral examination shall serve written notice on the opposing party not later than two days before the date of the examination. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. A copy of such notice, together with proof of such service thereof, shall be attached to the deposition when it is filed with the Clerk. (b) By written stipulation of the parties, the deposition of a witness may be taken wnthout notice. A copy of such stipulation shall be attached to the deposition when it is filed with the Clerk. (c) By written stipulation of the parties, the testimony of any witness of either party may be filed in the form of an affidavit by such witness or the parties may agree what a particular witness would testify to if his deposition were taken. Such testimonial affidavits or stipulations shall be filed within the time limits prescribed for the taking of testimony in section 7.

287

�


text:
Page:Tom Swift and His Airship.djvu/154

144 engine stopped, and the Red Cloud floating lazily this way and that as the gentle winds shifted, for it was calm. The "anchorage" if such it may be called, was above a sparsely settled part of the country, and if the lights of the airship were seen from below, the farmers doubtless took them for some new stars or, possibly, a comet.

"Now then for a fast, straight run!" cried Tom, after breakfast had been served, and the big motor, with its twenty cylinders, started. "We'll be able to make the turn to-day, and then make for home, won't we, Mr. Sharp?"

"Well, we could do it, Tom," was the answer, "but I like this mode of traveling so that I think I'll lengthen the voyage. Instead of turning at Atlanta, what do you say to making for Key West, and then starting back? That will be something of a trip. The Red Cloud is behaving much better than I hoped she would."

"I'm willing to go further if Mr. Damon is."

"Oh, bless my shoe strings, I'm game!" exclaimed the eccentric man. "I always did want to go to Key West, anyhow."

The craft was speeding along at a fast clip, and dinner that day was served about three miles in the air. Then, desiring to test the gliding abilities of the airship, it was sent down on a long

title: Page:Tom Swift and His Airship.djvu/154