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equal to its adjusted basis for determining gain) of the taxpayer, determined as of the close of the taxable year of such loss without regard to any refund or credit of any overpayment of tax to which the taxpayer may be entitled under paragraph (1)(E), "(iii) the ag'gregate unadjusted basis of property described in section 1231(b)(1) (without regard to any holding period therein provided), the basis for which was determined under section 1012, which was acquired by the taxpayer during the period beginning with the first day of its fifth taxable year preceding the taxable year of such loss and ending with the last day of the taxable year of such loss, equals or exceeds the aggregate adjusted basis of property of such description of the taxpayer on, and determined as of, the first day of the fifth preceding taxable year, and "(iv) the taxpayer derived 50 percent or more of its gross receipts (other than gross receipts derived from the conduct of a lending or finance business), for the taxable year of such loss and for each of its 5 preceding taxable years, from the manufacture and production of units within the same single class of products, and 3 or fewer United States persons (including as one person an affiliated group as defined in section 1504(a)) other than the taxpayer manufactured and produced in the United States, in the calendar year ending in or with the taxable year of such loss, 85 percent or more of the total number of all units within such class of products manufactured and produced in the United States in such calendar year. " (F) For purposes of subparagraph (E) (iv)— " (i) the t«rm 'class of products' means any of the categories designated and numbered as a 'class of products' m the 1963 Census of Manufactures compiled and published by the Secretary of Commerce under title 13 of the United States Code, and " (ii) information compiled or published by the Secretary of Commerce, as part of or in connection with the Statistical Abstract of the United States or the census of manufactures, regarding the number of units of a class of products manufactured and produced in the United States during a calendar year, or, if such information should not be available, information so compiled or published regarding the number of such units shipped or sold by such manufacturers during a calendar year, shall constitute prima facie evidence of the total number of all units of such class of products manufactured and produced in the United States in such calendar year." (b) ISTo interest shall be paid or allowed with respect to any overpayment of tax resulting from the application of the amendments made by subsection (a) for any period prior to the date of the enactment of this Act. (c) The amendments made by subsection (a) shall apply with respect to net operating losses sustained in taxable years ending after December 31.1966. SEC. 4. (a) Section 815(f) of the Internal Revenue Code of 1954 (relating to definition of distribution) is amended— (1) by striking out "or" at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; or"; and

Ante,

p. 732.

68A Stat. 3 2 5.

" C l a s s of products."

68 Stat. 1012.

Effective date.

78 Stat. 859.

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68A Stat. 113.

78 Stat. 859.

Effective date.

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[81 STAT.

(3) by inserting after paragraph (3) the following new paragraph: " (1) any distribution after December 31, 1966, of the stock of a controlled corporation to which section 355 applies, if such distribution is made to a corporation which immediately after the distribution is in control (within the meaning of section 368(c)) of both the distributing corpor^ition and such controlled corporation and if such controlled corporation is a life insurance company of which the distributing corporation has been in control at all times since December 31, 1957." (b)(1) The next to last sentence of section 815(f) is amended— (A) by striking out "Paragraph (3) shall not" and inserting in lieu thereof "Neither paragraph (3) nor paragraph (4) shall"; and (B) by striking out "subparagraph (B) of such paragraph" and inserting in lieu thereof "paragraph (3)(B) ". (2) The last sentence of section 815(f) is amended by striking out "paragraph (3) also" and inserting in lieu thereof "paragraphs (3) and (4) also". (c) The amendments made by this section shall apply to taxable years beginning after December 31, 1966. Approved December 27, 1967.

Public Law 90-226 December 27, 1967 [H. R. 10783]

District of Columbia. Crime and criminal procedure.

Arrests warrant.

AN ACT Relating to crime and criniinal procedure in the District of Columbia.

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

of the

TITLE I SEC. 101. Section 397 of the Revised Statutes of the United States, relating to the District of Columbia (D.C. Code, sec. 4-140), is amended to read as follows: "SEC. 397. (a) An officer or member of the Metropolitan Police force may arrest without a warrant and take into custody any person who commits, or threatens or attempts to commit, in the presence of, or within the view of, such officer or member any breach of the peace or otfense directly prohibited by an Act of Congress or by any other law in force in the District. "(b) An officer or member of the Metropolitan Police force may arrest a person without a warrant if he has probable cause to believe that such person (1) has committed or is about to commit any offense listed in subsection (c) of this section, and (2) unless immediately arrested, may not be apprehended, may cause injury to others or damage to property, or may tamper with, dispose of, or destroy evidence.

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"(c) The offenses referred to in subsection (b) of this section are— " (1) those offenses specified in the following sections of the Act of March 3, 1901: Section 806 (relating to assault) (D.C. Code, sec. 22-504), section 824 (relating to unlawful entry) (D.C. Code, sec. 22-3102), and section 829 (relating to receiving stolen goods) (D.C. Code, sec. 22-2205); and "(2) attempts to commit the offenses specified in the following sections of the Act of March 3, 1901: Section 823 (relating to housebreaking) (D.C. Code, sec. 22-1801), section 826 (relating to grand larceny) (D.C. Code, sec. 22-2201), and section 826b (relating to unauthorized use of vehicles) (D.C. Code, sec. 22-2204)."

Offenses.

31 Stat. 1322. 66 Stat. 766. 67 Stat. 9 3.

Post, p. 736. 50 Stat. 628. 37 Stat. 656.

TITLE II SEC. 201. Section 927 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 24-301), is amended by adding at the end thereof the following new subsections: "(i) When a person has been ordered confined in a hospital for the mentally ill pvirsuant to this section and has escaped from such hospital, the court which ordered confinement shall, upon request of the Government, order the return of the escaped person to such hospital. The return order shall be effective throughout the United States. Any Federal judicial officer within whose jurisdiction the escaped person shall be found shall, upon receipt of the return order issued by the committing court, cause such person to be apprehended and delivered up for return to such hospital. " (j) Insanity shall not be a defense in any criminal proceeding in the United States District Court for the District of Columbia or in the District of Columbia court of general sessions, unless the accused or his attorney in such proceeding, at the time the accused enters his plea of not guilty or within fifteen days thereafter or at such later time as the court may for good cause permit, files with the court and serves upon the prosecuting attorney written notice of his intention to rely on such defense."

I n s a n e criminals. 69 Stat. 609.

TITLE III SEC. 301. (a) Any person arrested in the District of Columbia may ti,^7c,f quesUonbe questioned with respect to any matter for a period not to exceed ing. three hours immediately following his arrest. Such person shall be iiJ^''*"'^°"'" advised of and accorded his rights under applicable law respecting any such interrogation. In the case of any such arrested person who is released w'ithout being charged with a crime, his detention shall not be recorded as an arrest in any official record. (b) Any statement, admission, or confession made by an arrested person within three hours immediately following his arrest shall not

85-622 0-68—49

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be excluded from evidence in the courts of the District of Columbia solely because of delay in presentment. TITLE IV Obstruction of justice. 31 Stat. 1330.

'•Criminal investigation." "Investigator.

SEC. 401. Section 862 of the Act entitled "An Act to establish a code of law for the District of Columbia'', approved March 3, 1901 (D.C. Code, sec 22-703), is amended to read as follows: "SEC. 862. (a) Whoever corruptly, by threats or force, endeavors to influence, intimidate, or impede any juror, witness, or officer in any court in the District in the discharge of his duties, or, by threats or force, in any other way obstructs or impedes or endeavors to obstruct or impede the due administration of justice therein, or whoever willfully endeavors by means of bribery, misrepresentation, intimidation, or force or threats of force, to obstruct, delay, or prevent the communication to an investigator of the District of Columbia government by any person of information relating to a violation of any criminal statute in effect in the District of Columbia, or injures any person or his property on account of the giving by such person or by any other person of such information to any such investigator in the course of the conduct of any criminal investigation, shall be fined not more than $1,000 or be imprisoned not more than three years, or both. " (b) As used in this section, the term 'criminal investigation' means an investigation relating to a violation of any criminal statute in effect in the District of Columbia, and the term 'investigator' means an individual duly authorized by the Commissioner or his designated agent to conduct or engage in such an investigation." TITLE V

"Crime of violence," inclusionof robbery.

47 Stat. 650.

Criminal penalties. Assault. 31 Stat. 1321. Burglary. 31 Stat. 1323.

SEC. 501. The definition of "crime of violence" contained in section 1 of the Act entitled "An Act to control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes", approved July 8, 1932 (D.C. Code, sec. 22-3201), is amended by inserting immediately after "burglary," the following: "robbery,". TITLE VI SEC. 601. Section 803 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-501), is amended by inserting immediately after "for not" the following: "less than two years or". SEC. 602. Section 823 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-1801), is amended to read as follows: "SEC. 823. BURGLARY.—(a) Whoever shall, either in the nighttime or in the daytime, break and enter, or enter without breaking, any

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dwelling, or room used as a sleeping apartment in any building, with intent to break and carry away any part thereof, or any fixture or other thing attached to or connected thereto or to commit any criminal offense, shall, if any person is in any part of such dwelling or sleeping apartment at the time of such breaking and entering, or entering without breaking, be guilty of burglary in the first degree. Burglary in the first degree shall be punished by imprisonment for not less than five years nor more than thirty years. " (b) Except as provided in subsection (a) of this section, whoever shall, either in the night or in the daytime, break and enter, or enter without breaking, any dwelling, bank, store, warehouse, shop, stable, or other building or any apartment or room, whether at the time occupied or not, or any steamboat, canalboat, vessel, or other watercraft, or railroad car or any yard where any lumber, coal, or other goods or chattels are deposited and kept for the purpose of trade, with intent to break and carry away any part thereof or any fixture or other thing attached to or connected with the same, or to commit any criminal offense, shall be guilty of burglary in the second degree. Burglary in the second degree shall be punished by imprisonment for not less than two years nor more tlian fifteen years." SEC. 603. Section 810 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-2901), is amended by striking out "six months" and inserting in lieu thereof "two years". SEC. 604. Section 869e of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-1513), is amended by adding the following new subsection at the end thereof: "(f) Nothing in this section shall be construed to prohibit the giving or offering of any bonus or extra compensation to any manager, coach, or professional player, or to any league, association, or conference for the purpose of encouraging such manager, coach, or player to a higher degree of skill, ability, or diligence in the performance of his duties." SEC. 605. Section 2 of the Act entitled "An Act to control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes", approved July 8, 1932 (D.C. Code, sec. 22-3202), is amended to read as follows: "SEC. 2. If any person shall commit a crime of violence in the District of Columbia when armed with or having readily available any pistol or other firearm, or other dangerous or deadly weapon, including but not limited to, sawed-off shotgun, shotgun, machinegun, rifle, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, metallic or other false knuckles, he may in addition to the punishment provided for the crime be punished by imprisonment for an indeterminate number of years up to life as determined by the court. If a person is convicted more than once of having committed a crime of violence in the District of Columbia when armed with or having readily available any pistol or other firearm, or other dangerous or deadly weapon, including but not limited to, sawed-off shotgun, shotgun, machinegun, rifle, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, metallic or other false knuckles, then, notwithstanding any other provision of law, the court shall not suspend his sentence or give him a probationary sentence." SEC. 606. Section 872 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved Mareh 3, 1901 (D.C. Code, sec. 22-2001), is amended to read as follows:

Robbery. 31 Stat. 13 22. Athletic contests. 61 Stat. 313.

Crimes while armed.

47 Stat. 650.

Obscenity. 31 Stat. 1332.

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"SEC. 872. OBSCENITY.—(a)(1) I t shall be unlawful in the District of Columbia for a person knowingly— " (A) to sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation; " (B) to present, direct, act in, or otherwise participate in the preparation or presentation of, any obscene, indecent, or filthy play, dance, motion picture, or other performance; " (C) to pose for, model for, print, record, compose, edit, write, publish, or otherwise participate in preparing for publication, exhibition, or sale, any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation; " (D) to sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute or provide any article, thing, or device which is intended for or represented as being for indecent or immoral use; " (E) to create, buy, procure, or possess any matter described in the preceding subparagraphs of this paragraph with intent to disseminate such matter in violation of this subsection; " (F) to advertise or otherwise promote the sale of any matter described in the preceding subparagraphs of this paragraph; or " (G) to advertise or otherwise promote the sale of material represented or held out by such person to be obscene. "(2)(A) For purposes of subparagraph (E) of paragraph (1) of this subsection, the creation, purchase, procurement, or possession of a mold, engraved plate, or other embodiment of obscenity specially adapted for reproducing multiple copies or the possession of more than three copies, of obscene, indecent, or filthy material shall be prima facie evidence of an intent to disseminate such material in violation of this subsection. " (B) For purposes of paragraph (1) of this subsection, the term 'knowingly' means having general knowledge of, or reason to know, or a belief or ground for oelief which warrants further inspection or inquiry of, the character and content of any article, thing, device, performance, or representation described in paragraph (1) of this subsection which is reasonably susceptible of examination. Confiscation of "(3) When any person is convicted of a violation of this subsection, materials. the court in its judgment of conviction may, in addition to the penalty prescribed, order the confiscation and disposal of any materials described in paragraph (1), which were named in the charge against such person and which were found in the possession or under the control of such person at the time of his arrest. Minors. " (b)(1) I t shall be unlawful in the District of Columbia for any person knowingly— " (A) to sell, deliver, distribute, or provide, or offer or agree >' to sell, deliver, distribute, or provide, to a minor— " (i) any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body, which depicts nudity, sexual conduct, or sado-fnasochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or " (ii) any book, magazine, or other printed matter however reproduced or sound recording, which depicts nudity, sexual conduct, or sado-masochistic abuse or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse and

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which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or " (B) to exhibit to a minor, or to sell or provide to a minor an admission ticket to, or pass to, or to admit a minor to, premises whereon there is exhibited, a motion picture, show, or other preslentation which, in whole or in part, depicts nudity, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors. Definitions "(2) For purposes of paragraph (1) of this subsection: " (A) The term 'minor^means any person under the age of seventeen years. " (B) The term 'nudity' includes the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discermbly turgid state; " (C) The term 'sexual conduct' includes acts of sodomy, masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast. " (D) The term 'sexual excitement' includes the condition of human male or female genitals when in a state of sexual stimulation or arousal. " (E) The term 'sado-masochistic abuse' includes flagellation or torture by or upon a person clad in undergarments or a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. " (F) The term 'knowingly' means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both of— "(i) the character and content of any material described in paragraph (1) of this subsection which is reasonably susceptible of exammation by the defendant; and " (ii) the age of the minor. Scientific insti"(c) It shall be an affirmative defense to a charge of violating sub- tutions, etc. section (a) or (b) of this section that the dissemination was to institutions or individuals having scientific, educational, or other special justification for possession of such material. " (d) Nothing in this section shall apply to a licensee under the Communications Act of 1934 while engaged in activities regulated f^ l^^^ ^^.^'^• pursuant to such Act. "(e) A person convicted of violating subsection (a) or (b) of this Penalties. section shall for the first offense be fined not more than $3,000 or imprisoned not more than one year, or both. A person convicted of a second or subsequent offense under subsection (a) or (b) of this section shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than six months or more than three years, or both." SEC. 607. Section 825a of the Act entitled "An Act to establish a Explosives. code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-3105), is amended by striking out "or by imprison- ^^ ^*^*- i"". ment not exceeding ten years." and inserting in lieu thereof the following: "and by imprisonment for not less than two years or more than ten years.". SEC. 608. Whoever shall make or cause to be made to the Metro- ^f^f^* reports to politan Police force of the District of Columbia, or to any officer or ^° '''°' member thereof, a false or fictitious report of the commission of any

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criminal offense within the District of Columbia, or a false or fictitious report of any other matter or occurrence of which such Metropolitan Police force is required to receive reports, or in connection with which such Metropolitan Police force is required to conduct an investigation, knowing such report to be false or fictitious; or who shall communicate or cause to be communicated to such Metropolitan Police force, or any officer or member thereof, any false information concerning the commission of any criminal offense within the District of Columbia or concerning any other matter or occurrence of which such Metropolitan Police force is required to receive reports, or in connection with which such Metropolitan Police force is required to conduct an investigation, knowing such information to be false, shall be punished by a fine of not exceeding $300 or by imprisonment not exceeding thirty days. TITLE VII Citations. 47 Stat. 1485.

Ante,

p. 734.

°:^;,P^"

Agency.

D.C. Code 23 901.

D.C. Code 23 903.

gj,(.^ 701. Section 10 of the Act of March 3, 1933 (D.C. Code, sec. 23-610), is amended by inserting " (a) " immediately after "SEC. 10.", and by adding the following new subsections: "(b) An officer or member of the Metropolitan Police force who, in accordance with section 397 of the Revised Statutes of the United States, relating to the District of Columbia, arrests without a warrant a person for committing a misdemeanor may, instead of taking him into custody, issue a citation requiring such person to appear before an official of the Metropolitan Police force designated under subsection (a) of this section to act as a clerk of the District of Columbia Court of General Sessions. "(c) Whenever a person is arrested without a warrant for committing a misdemeanor and is booked and processed pursuant to law, an official of the Metropolitan Police force designated under subsection (a) of this section to act as a clerk of the District of Columbia Court of General Sessions may issue a citation to him for an appearance in court or at some other designated place, and release him from custody. " (d) No citation may be issued under subsection (b) or (c) of this section unless the person authorized to issue the citation has reason to believe that the arrested person will not cause injury to persons or damage to property and that he will make an appearance in answer to the citation. "(e) Whoever willfully fails to appear as required in a citation, shall be fined not more than the maximum provided for the misdemeanor for which such citation was issued or imprisoned for not more than one year, or both. Prosecution under this subsection shall be by the prosecuting officer responsible for prosecuting the offense for which the citation is issued." SEC. 702. (a) Section 2 of the Act entitled "An Act to establish the District of Columbia Bail Agency, and for other purposes" approved July 26, 1966 (80 Stat. 327) is amended to read as follows: "SEC. 2. There is hereby created for the District of Columbia the District of Columbia Bail Agency (hereinafter referred to as the 'agency') which shall secure pertinent data and provide for any judicial officer in the District of Columbia or any officer or member of the Metropolitan Police force issuing citations, reports containing verified information concerning any individual with respect to whom a bail or citation determination is to be made." (b)(1) Section 4 of such Act is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting the following new subsection after subsection (c): " (d) The agency, when requested by a member or officer of the Metropolitan Police force acting pursuant to court rules governing

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the issuance of citations in the District of Columbia, shall furnish to such member or officer a report as provided in subsection (a). " (2) The second sentence of subsection (f) of such section 4 (as so r e d e s i ^ a t e d by paragraph (1) of this subsection) is amended by inserting ", including requiring the execution of a bail bond with sufficient solvent sureties," immediately after "such conditions''. TITLE VIII SEC. 801. (a) Section 5024 of title 18, United States Code, is amended by striking out ", and to youth offenders convicted in the District of Columbia of offenses under any law of the United States not applicable exclusively to such District and to other youth offenders convicted in the District to the extent authorized under section 5025." and inserting in lieu thereof the following: "and in the District of Columbia." (b) Section 5025 of such title is amended to read as follows: " (a) The Commissioner of the District of Columbia is authorized to provide facilities and personnel for the treatment and rehabilitation of youth offenders convicted of violations of any law of the United States applicable exclusively to the District of Columbia or to contract with the Director of the Bureau of Prisons for their treatment and rehabilitation, the cost of which may be paid from the appropriation for the District of Columbia. "(b) When facilities of the District of Columbia are utilized by the Attorney General for the treatment and rehabilitation of youth offenders convicted of violations of laws of the United States not applicable exclusively to the District of Columbia, the cost shall be paid from the 'Appropriation for Support of United States Prisoners'. "(c) All youth offenders committed to institutions of the District of Columbia shall be under the supervision of the Commissioner of the District of Columbia, and he shair provide for their maintenance, treatment, rehabilitation, supervision, conditional release, and discharge in conformity with the objectives of this chapter." (c) The table of sections of chapter 402 of such title is amended by striking out the item relating to section 5025 and inserting in lieu thereof the following:
 * '§5025. Applicability to the District of Columbia

Youth offenders. 66 Stat. 45.

^^ ^*^*- ''^•

"5025. Applicability to the District of Columbia."

SEC. 802. Section 4122 of title 18, United States Code, is amended— i„dus?rifs""^°" (1) by inserting in subsection (d) " (1) " immediately after '"6rstatr'722. "(d)", (2) by amending subsection (e) by striking out " (e) " and inserting m lieu thereof " (2) ", and by striking out "subsection (d) of this section" and inserting in lieu thereof "paragraph (1) of this subsection", and ^3) by adding at the end the following new subsection: "(e)(1) The provisions of this chapter shall apply to the industrial employment and training of prisoners confined in any penal or correctional institution under the direction of the Commissioner of the District of Columbia to the extent and under terms and conditions agreed upon by the Commissioner, the Attorney General, and the Board of Directors of Federal Prison Industries. "(2) The Commissioner of the District of Columbia may, without exchange of funds, transfer to the Federal Prison Industries any property or equipment suitable for use in performing the functions and duties covered by an agreement entered into under subsection (e)(1) of this section.

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78 Stat. 1000.

Witness fees. 77 Stat. 536.

PUBLIC LAW 90-226-DEC. 27, 1967

[81 STAT.

"(3) Nothing in this chapter shall be construed to affect the provisions of the Act approved October 3, 1964 (D.C. Code, sections 24-451 et seq.), entitled 'An Act to establish in the Treasury a correctional industries fund for the government of the District of Columbia, and for other purposes.' " SEC. 803. (a) Section 15-714(a) of the District of Columbia Code is amended to read as follows: " (a) The fees and travel allowances to be paid any witness attending in a criminal case in the District of Columbia Court of General Sessions shall be the same as those paid to witnesses who attend before the United States District Court for the District of Columbia." (b) Section 15-716 of the District of Columbia Code is amended by striking "not exceeding $500 at any one time,". TITLE IX

Riot.

Penalties.

SEC. 901. (a) A riot in the District of Columbia is a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons. (b) Whoever willfully engages in a riot in the District of Columbia shall be punished by imprisonment for not more than one year or a fine of not more than $1,000, or both. (c) Whoever willfully incites or urges other persons to engage in a riot shall be punished by imprisonment for not more than one year or a fine of not more than ^1,000, or both. (d) If in the course and as a result of a riot a person suffers serious bodily harm or there is property damage in excess of $5,000, every person who willfully incited or urged others to engage in the riot shall be punished by imprisonment for not more than ten years or a fine of not more than $10,000, or both. TITLE X 1001. CREATION or COMMISSION.—The Commission on Revision of the Criminal Laws of the District of Columbia is hereby established. SEC. 1002. MEMBERSHIP OF COMMISSION.—The Commission shall be composed of eleven members, as follows: (1) Two Members of the Senate appointed by the President of the Senate; (2) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives; (3) Four members appointed by the Commissioner of the District of Columbia one of whom the Commissioner shall designate as Chairman; (4)(a) One circuit judge appointed by the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit; (b) One district judge appointed by the Chief Judge of the United States District Court for the District of Columbia; and (c) One general sessions judge appointed by the Chief Judge of the District of (Columbia Court of General Sessions. SEC. 1003. FUNCTIONS OF THE COMMISSION.—The Commission shall make a full and complete review and study of the statutory and case law applicable in the District of Columbia for the purpose of formulating and recommending to the Congress a revised code of criminal law and procedure for the District of Columbia. The Commission shall include in its recommendations proposals for the repeal of unnecessary or undesirable statutes and such changes in the penalty structure as the Commission may feel will better serve the ends of justice. SEC.

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SEC. 1004.

743

COMPENSATION OF MEMBERS OF THE COMMISSION.—(a)

Members of Congress and members of the executive and judicial branches of the Federal or District of Columbia governments who are members of the Commission shall serve without compensation in addition to that received for their services in such other branch of government; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Commission. (b) Members from private life shall each receive $100 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. SEC. 1005. ADVISORY COMMITTEE.—(a) The Commission shall have the power to appoint an advisory committee, the functions of which shall include advising, counseling, proffering to the Commission appropriate recommendations, and the performance of such other functions, not inconsistent with the purposes of this title, as may be assigned to it by the Commission. (b) Members of the advisory committee shall not be deemed to be officers or employees of the United States by virtue of such service and shall receive no compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them by virtue of such service to the Commission. SEC. 1006. STAFF OF THE COMMISSION.—The Chairman of the Commission is authorized to appoint and fix the compensation of such personnel as he deems necessary to carry out the Commission's functions. He is also authorized to procure services to the same extent as is authorized for the executive departments by section 3109 of title 5, United States Code, at rates not to exceed $100 per diem for individuals. SEC. 1007. COOPERATION BY DEPARTMENT AND AGENCIES.—The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance it deems necessary to carry out its functions under this title; and each such department, agency, or instrumentality is authorized to cooperate with the Commission and, to the extent permitted by law, to furnish such information and assistance to the Commission upon request made by the Chairman or any other member Avhen acting as Chairman. SEC. 1008. REPORT OF THE COMMISSION; TERMINATION.—The Commission shall submit interim reports to the Commissioner of the District of Columbia and the Congress at such times as the Commission may deem appropriate, and in any event within two years after the date of this enactment, and shall submit its final report within three years after the date of enactment. The Commission snail cease to exist sixty days after the date of the submission of its final report. SEC. 1009. AUTHORIZED APPROPRIATION.—There is hereby authorized to be appropriated to the District of Columbia out of any money in the Treasury not otherwise appropriated such sum, not to exceed $150,000, as may be necessary to carry out the purposes of this title.

8° s*^*- ^^^6-

TITLE XI SEC. 1101. Whoever, prior to the date of enactment of this Act, com.,

,

' -^. "

1

,

1• 1

•

\v

mits any act or engages m any conduct which constitutes an offense under provision of law amended by this Act, shall be sentenced in accordance with the law in effect on the date he commits such acts or engages in such conduct.

Applicability of penalties.

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Page:United States Statutes at Large Volume 81.djvu/778

 744 Separability clause.

PUBLIC LAW 90-227-DEC. 27, 1967

[81 STAT.

SEC. 1102. If any provision of or any amendment made by this Act or the application thereof to any person or circimistance is held invalid, the other provisions of or other amendments made by this Act and the application of such provisions and amendments to other persons or circumstances shall not be affected thereby. Approved December 27, 1967, 3:05 p.m.

Public Law 90-227 December 27, 1967

[H. R. 10964]

District of Columbia, medical assistance program. Federal aid. 79 Stat. 343. 42 USC 1396.

Establishment.

Definitions.

AN ACT

PJIQ enable the District of Columbia to receive Federal financial assistance under title XIX of the Social Security Act for a medical assistance program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Commissioner of the District of Columbia (hereafter in this Act referred to as the "Commissioner") may submit under title X IX of the Social Security Act to the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the "Secretary") a plan for medical assistance (and any modifications of such plan) to enable the District of Columbia to receive Federal financial assistance under such title for a medical assistance program established by the Commissioner under such plan. (b)(1) Notwithstanding any other provision of law, the Commissioner may take such action as may be necessary to submit such plan to the Secretary and to establish and carry out such medical assistance program, except that in prescribing the standards for determining eligibility for and the extent of medical assistance under the District of Columbia's plan for medical assistance, the Commissioner may not (except to the extent required by title X IX of the Social Security Act)— (A) prescribe maximum income levels for recipients of medical assistance under such plan which exceed (i) the title X IX maximum income levels if such levels are in effect, or (ii) the Commissioner's maximum income levels for the local medical assistance program if there are no title X IX maximum income levels in effect; or (B) prescribe criteria which would permit an individual or family to be eligible for such assistance if such individual or family would be ineligible, solely by reason of his or its resources, for medical assistance both under the plan of the State of Maryland approved under title X IX of the Social Security Act and under the plan of the State of Virginia approved under such title. (2) For purposes of subparagraph (A) of paragraph (1) of this subsection— (A) the term "title X IX maximum income levels" means any maximum income levels which may be specified by title X IX of the Social Security Act for recipients of medical assistance under State plans approved under that title; (B) the term "the Commissioner's maximum income levels for the local medical assistance program" means the maximum income levels prescribed for recipients of medical assistance under the District of Columbia's medical assistance program in effect in the fiscal year ending June 30, 1967; and (C) during any of the first four calendar quarters in which medical assistance is provided under such plan there shall be

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Page:United States Statutes at Large Volume 81.djvu/779

 Bl STAT.]

745

PUBLIC LAW 90-2to-DEC. 28, 1967

deemed to be no title X IX maximum income levels in effect if the title X IX maximum income levels in effect during such quarter are higher than the Commissioner's maximum income levels for the local medical assistance program. SEC. 2. The Commissioner may enter into an agreement (and any modifications of such agreement) with the Secretary under section 1843 of the Social Security Act pursuant to which (1) eligible individuals (as defined in section 1836 of the Social Security Act) who are eligible to receive medical assistance under the District of Columbia's plan for medical assistance approved under title X IX of the Social Security Act will be enrolled in the supplementary medical insurance program established under part B of title X VIII of the Social Security Act, and (2) provisions will be made for payment of the monthly premiums of such individuals for such program. Approved December 27, 1967, 3:05 p.m.

79 Stat. 3:l2, 304. 42 USC 1395, 1395o. 79 Stat. 343. 12 USC 1396. 42 USC 1395J1395w.

Public Law 90-228 AN ACT

December 2«, 1967

To amend title 10, United States Code, relating to the authorized strengths by grade for medical and dental oflBcers on active duty in the Army, Navy, and Air Force.

[H. R. 10242]

Be It enacted by the Senate and House of Representatives of the Armed United States of America in Congress assembled. That title 10, United MedicalForces. and States Code, is amended as follows: Dental e o r p s ofinsertinir (1) The first sentence of section 3202(a) is amended by...^^^^...^^ ficers. ", except as provided in subsections (e) and (f),"' after "basis, is". 70A Stat. 172. Army. (2) Section 3202 is amended by adding the following new subsections at the end: " (e) The authorized strengths of the Armv in Officers in the Mediciil Corps and Dental Corps in grades below brigadier general shall be based on the needs of the Army, as determined by the Secretary under regulations to be prescribed by the Secretary of Defense. "(f) I n determining the authorized strength of the Army under subsection (a), the strengths authorized for the Medical Corps and Dental Corps shall be excluded." Navy. (3) Chapter 545 is amended as follows: 70A Stat. 345. (A) by adding the following new section at the end: 10 USC 57515792. ^§ 5793. Authorized strengths in grade and promotions of Medical Corps and Dental Corps officers "Notwithstanding any other provisions of this title, the authorized strengths of officers of the Medical Corps and Dental Corps in grades below rear admiral, and the selection and promotion of those officers to such grades, shall be based on the needs of the Navy, as determined by the Secretary under regulations to be prescribed by the Secretary of Defense."; and (B) by inserting the following item in the analysis: "Sec. 5793. Authorized strengths in grade and promotions of Medical Corps and Dental Corps oflScers."

(4) The first sentence of section 8202(a) is amended by inserting ", except as provided in subsections (e) and (f), " after "basis, is". (5) Section 8202 is amended by adding the following new subsections at the end: "(e) The authorized strengths of tlje Air Force in officers who are designated as medical or dental officers of the Air Force in grades below brigadier general shall be based on the needs of the Air Force,

Air For c e. 70A Stat. 498.

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Page:United States Statutes at Large Volume 81.djvu/780

 746

PUBLIC LAW 90-229-DEC. 29, ]967

[81 STAT.

as determined by the Secretary under regulations to be prescribed by the Secretary of Defense. " (f) I n determining the authorized strength of the Air Force under subsection (a), the strengths authorized for those who are designated as medical or dental officers of the Air Force shall be excluded." Approved December 28, 1967, 3:37 p.m.

Public Law 90-229

- " V

December 29, 1967

AN ACT

[H. R. 8580]

To declare that certain lands are held in trust for the Squaxin Island Indian Tribe.

Squaxin Island Indian Reservation, Wash. Lands held in trust.

25 USC 70 a.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) all right, title, and interest of the United States in and to those lands lying within the Squaxin Island Indian Reservation, Washington, more particularly described in subsection (b) of this section, are hereby declared to be held by the United States in trust to the Squaxin Island Indian Tribe. (b) Beginning at a point between lots 1 and 2, 700 feet north of the northeast corner of the northwest quarter of the southwest quarter of section 26, township 20 north, range 2 west, Willamette meridian, the same being a fir post 3 feet long, 4 inches square and set firmly in the ground; thence east 365 feet; thence north 240 feet to the meander line; thence north 63 degrees west along meander line for 150 feet to meander corner; thence south 44 degrees west along meander line 333 feet; thence south 68.5 feet to the point of beginning containing 1.84 acres, more or less, the above all being in lot 2, section 26, township 20 north, range 2 west, Willamette meridian, Mason County, Washington. SEC. 2. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved December 29, 1967.

Public Law 90-230 JOINT RESOLUTION December 29, 1967 '•• [H. J. Res. 960] Establishing that the second regular session of the Ninetieth Congress convene at noon on Monday, January 15, 1968. 90th Congress. Second session.

Resolved by the Senate and House of Representatives of the United States of America in Congress asserrMed^ That the second regular session of the Ninetieth Congress shall begin at noon on Monday, January 16, 1968. Approved December 29, 1967.

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Page:United States Statutes at Large Volume 81.djvu/781

 81

STAT.]

PUBLIC LAW 90-^1-DEC. 29, 1967

747

Public Law 90-231 AN ACT

To provide that a District of Columbia public school teacher may retire on a full annuity at agefifty-fiveafter thirty years of service or at age sixty after twenty years of service, and for other purposes.

December 29, 1967 rH R 1 2S0si

'

Be it enacted iy the Senate and House of Representatives of the D.C. United States of America in Congress assembled, That the Act en- school tpublic r s. eache titled "An Act for the retirement of public-school teachers in the '"^ITetire^ent" District of Columbia", approved August 7, 1946, is amended as follows: (1) The proviso in the second sentence of the first paragraph of the first section of such Act (D.C. Code, sec. 31-721) is amended by 71 Stat. 46. striking out "teaching service" and inserting in lieu thereof "eligible (2) Section 3 of such Act (D.C. Code, sec. 31-723) is amended to ^° ^'^'- «'^read as follows: "SEC. 3. (a) Any teacher who completes five years of eligible service tir^m^nt!^'^ '^ and who is separated from the service— "(1) after becoming fifty-five years of age and completing thirty years of service, "(2) after becoming sixty years of age and completing twenty years of service, or " (3) after becoming sixty-two years of age, is entitled to ah annuity. " (b) Any teacher who completes five years of eligible service and ^ invoiuntar/ re who is involuntarily separated from the service, except by removal for * ^""^^ ' cause on charges of misconduct or delinquency, after (1) completing twenty-five years of service, or (2) becoming fifty years of age and completing twenty years of service, is entitled to an annuity reduced by one-sixth of 1 per centum for each full month such teacher is under the age of fifty-five years at the date of his separation from the service. "(c) Any teacher who completes five years of eligible service and ^ Retirement at who becomes sixty-two years of age may be separated from the service by the Board of Education upon the written recommendation of the Superintendent of Schools. Any teacher who becomes seventy years of Retirement at age shall be separated from the service unless upon the written recom- ^^^ mendation of the Superintendent of Schools two-thirds of the members of the Board of Education vote to retain such teacher in the public schools for the good of the service. " (d)(1) The length of a teacher's service shall be computed in accordance with section 8 of this Act. ^°* P- ^S. "(2) The amount of an annuity authorized by this section shall be computed in accordance with section 5 of this Act. ^°® P- '^^• "(3) Each annuity authorized by this section shall commence on the day after the teacher is separated from the service and shall terminate on the date the teacher dies." (3) Section 4 of such Act (D.C. Code, sec. 31-724) is amended— Disability. (A) by striking out in the first paragraph "Any teacher to7istat^46. ' whom this Act applies who shall have served on active duty in the public schools of the District of Columbia for a total period of not less than five years" and inserting in lieu thereof "Any teacher who completes five years of eligible service"; and (B) by striking out in the first paragraph "section 5 and 6 hereof: Provided, That proof" and inserting in lieu thereof "sections 5 and 6 of this Act and beginning on the day after his pay ceases and he meets the service and disability requirements for title to annuity. Proof".

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Page:United States Statutes at Large Volume 81.djvu/782

 748 Annuity computation. 66 Stat. 17.

Survivor benefits, commencement and termination.

60 Stat. 876. D.C. Code 31722.

Transfer of retirement funds. 60 Stat. 879. D.C. Code 31632 to 31-637.

Deferred annuity. 60 Stat. 880; 71 Stat. 47.

Supra.

PUBLIC LAW 90-231-DEC. 29, 1967

181 STAT.

(4) Section 5 of such Act (D.C. Code, sec. 81-725) is amended— (A) by amending the second sentence of subsection (a) to read as follows: "Each annuity is stated as an annual amount, onetAvelfth of which, fixed at the nearest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued."; (B) by striking out the last sentence of paragraph (1) of subsection (b) and inserting in lieu thereof the following new sentence: "The annuity of such widow or widower shall begin on the day after the retired teacher dies. Such annuity and any right thereto shall terminate on the last day of the month before (A) the widow or widower dies, or (B) the widow or widower remarries before becoming sixty years of age. In the case of a surviving w4dow or widower whose annuity under this paragraph is terminated because of remarriage before becoming sixty years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if— "(i) the surviving widow or widower elects to receive the annuity which was terminated instead of a survivor benefit to which the surviving widow or widower may be entitled, under this Act or another retirement system for employees of the Federal or District Government, by reason of the remarriage; and "(ii) any lump sum paid on termination of the annuity is returned to the teachers' retirement and annuity fund established under section 2 of this Act."; and (C) by striking out in the first sentence of paragraph (2) of subsection (b) "and upon the death of such survivor annuitant all payments shall cease and no further annuity shall be due and payable" and by adding after such sentence the following new sentence: "The annuity of the survivor annuitant shall commence on the day after the retired teacher dies, and such annuity and any right thereto shall terminate on the last day of the month before the death of the survivor annuitant." (5) The second sentence of the first paragraph of section 8 of such Act (D.C. Code, sec. 31-728) is amended by striking out "Act of June 12, 1940 (54 Stat. 349): Provided further'' and all that follows down through "nothing contained herein shall be construed" in the last proviso in that sentence and inserting in lieu thereof "Act of June 12, 1940 (54 Stat. 349). If the teacher so elects he may deposit the required sum in the teacher's retirement and annuity fund in monthly installments with interest at 3 per centum per annum compounded annually, upon making a claim with the Commissioner of the District of Columbia, or his designated agent. This section shall not be construed". (6) Section 9 of such Act (D.C. Code, sec. 31-729) is amended— (A) hj striking out in subsection (a) "after having served in the public schools of the District of Columbia for a total period of not less than five years" and inserting in lieu thereof "after completing five years of eligible service"; (B) by striking out in subsection (a) "beginning at the age of sixty-two ^ears computed as provided in section 5 of this Act" and inserting in lieu thereof ", computed as provided in section 5 of this Act, beginning at the age of sixty-two years and terminating on the date of his death"; (C) by striking out in paragraph (1) of subsection (b) "after having rendered at least five years of service in the public schools

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Page:United States Statutes at Large Volume 81.djvu/783

 81

STAT.]

PUBLIC LAW 90-2i31-DEC. 29, 1967

of the District of Columbia" and inserting in lieu thereof "after completing five years of eligible service"; (D)(i) by striking out in paragraph (1) of subsection (b) "first day of the month following the death of the teacher" and inserting in lieu thereof "day after the teacher dies"; (ii) by striking out in such paragraph "teacher: Provided, That such payments or any right thereto shall cease upon the death or remarriage of the widow, or dependent widower, or upon the widower's becoming capable of self-support." and inserting the following: "teacher. Such annuity and any right thereto shall terminate on the last day of the month before (A) the widow or dependent widower dies, (B) the widow or dependent widower remarries before becoming sixty years of age, or (C) the dependent widower becomes capable of self-support. I n the case of a widow or dependent widower whose annuity under this paragraph is terminated because of remarriage before becoming sixty years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if— " (i) the widow or dependent widower elects to receive the annuity which was terminated instead of a survivor benefit to which the widow or dependent widower may be entitled, under this Act or another retirement system for employees of the Federal or District Government, by reason of the remarriage; and "(ii) any lump sum paid on termination of the annuity is returned to the teachers' retirement and annuity fund established under section 2 of this Act."; (E) by striking out paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (F)(i) by striking out in the first sentence of paragraph (2) of subsection (b) (as so redesignated by subparagraph (E) of this paragraph) "five years of service in the public schools of the District of Columbia" and inserting in lieu thereof "five years of eligible service"; (ii) by striking out the third sentence of such paragraph and inserting m lieu thereof the following: "The child's annuity shall commence on the first day after the teacher dies. Such annuity and the right thereto terminate on the last day of the month before the child— " (A) becomes eighteen years of age unless he is then a student as described or incapable of self-support; " (B) becomes capable of self-support after becoming eighteen years of age unless he is then such a student; " (C) becomes twenty-two years of age if he is then such a student and capable of self-support; " (D) ceases to be such a student after becoming eighteen years of age unless he is then incapable of self-support; or " (E) dies or marries; whichever first occurs." (G) by striking out in the first sentence of paragraph (3) of subsection (b) (as so redesignated by subparagraph (E) of this paragraph) "After having rendered at least five years of service in the public schools of the District of Columbia" and inserting in lieu thereof "after completing five years of eligible service"; (H) paragraph (2) of subsection (c) is amended to read as follows: " (2) The term 'child' means— " (A) an unmarried child under eighteen years of age, including (i) an adopted child, and (ii) a stepchild or recog-

749

D^c.^code'ai729^

60 Stat. 876. D. C Code 3 1 722.

child's annumekt and termina*i°"73 Stat. sse. '

"Child."

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Page:United States Statutes at Large Volume 81.djvu/784

 750

Ante,

PUBLIC LAW 90-231-DEC. 29, 1967

p. 749.

Beneficiaries. 60 Stat. 880; 66 Stat. 21.

"Child. Payment of lump-sum credit.

[81 STAT.

nized natural child who lived with the teacher in a regular parent-child relationship; " (B) such unmarried child regardless of age who is incapable of self-support because of mental or physical disability incurred before age eighteen; or " (C) such unmarried child between eighteen and twentytwo years of age who is a student regularly pursuing a fulltime course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purpose of this paragraph and paragraph (2) of subsection (b) of this section, a child whose twenty-second birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is deemed to have become twenty-two years of age on the first day of July after that birthday, A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than five months and if he shows to the satisfaction of the Commissioner of the District of Columbia that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim." (7) Section 10 of such Act (D.C. Code, sec. 31-730) is amended to read as follows: "SEC. 10. (a) Under regulations prescribed by the Commissioner of the District of Columbia, a present or former teacher may designate a beneficiary or beneficiaries for the purpose of this Act. "(b) Lump-sum benefits authorized by subsections (c), (d), and (e) of this section shall be paid in the following order of precedence, to the person or persons surviving the teacher and alive at the date title to the payment arises, and the payment bars recovery by any other person: "First, to the beneficiary or beneficiaries designated by the teacher in a signed and witnessed writing received by the Commissioner of the District of Columbia before his death. "Second, if there is no designated beneficiary, to the widow or widower of the teacher. "Third, if none of the above, to the child or children of the teacher and descendants of deceased children by representation. "Fourth, if none of the above, to the parents of the teacher or the survivor of them. "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the teacher. "Sixth, if none of the above, to such other next of kin of the teacher as the Commissioner of the District of Columbia determines to be entitled under the laws of the domicile of the teacher at the date of his death. For the purpose of this subsection, the term 'child' includes a natural child and an adopted child, but does not include a stepchild. "(c) If— "(1) a teacher dies— " (A) without a survivor, or " (B) with a survivor or survivors and the right of all survivors terminates before a claim for survivor annuity is filed; or " (2) a former teacher not retired dies, the lump sum credit shall be paid.

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Page:United States Statutes at Large Volume 81.djvu/785

 81

STAT.]

PUBLIC LAW 90-2132-DEC. 29, 1967

" (d) If all annuity rights under this Act based on the service of a deceased teacher terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid. "(e) If an annuitant dies, any annuity accrued and unpaid shall be paid. " (f) For purposes of this section, the term 'lump-sum credit' means the unref unded amount consisting of— "(1) retirement deductions made under this Act from the salary of a teacher; "(2) amounts deposited into the teachers' retirement and annuity fund by a teacher covering earlier service; and "(3) interest on the deductions and deposits made with respect to service which aggregates more than one year but excluding interest for the fractional part of a month in the total service." (8) Section 13 of such Act (D.C. Code, sec. 31-733) is amended— (A) by striking out "creditable service" and inserting in lieu thereof "eligible service"; and (B) by adding at the end the following new paragraph: "For purposes of this Act, the term 'eligible service' means service in the public schools of the District of Columbia under a temporary, probationary, or permanent appointment to a position, the rate of compensation of which is prescribed in the salary schedule contained in section 1 of the District of Columbia Teachers' Salary Act of 1955 (D.C. Code, sec. 31-1501)." (9) The first sentence of section 21 of such Act (D.C. Code, sec. 31-739a) is amended by striking out "December 30, 1965" and inserting in lieu thereof "January 1, 1966". (10) Such Act is amended by adding at the end thereof the following new section: SEC. 22. Wherever the term 'Commissioners of the District of Columbia' is used in the first section of this Act and section 16 of this Act, as amended, such term shall be deemed to mean the District of Columbia Council. Wherever the term 'Board of Commissioners of the District of Columbia', or 'Commissioners of the District of Columbia' is otherwise used in this Act, as amended or supplemented, such term shall be deemed to mean the Commissioner of the District of Columbia." Approved December 29, 1967.

751

crldi""^^"™

7i^sta!.^48*!^^'

. "Eligible serv-

«»^tat. 1594. .^j^^^J^^"' ^'^' ^"lo^sut^ 2166. Definitions.

^^,'^^,%°^^^ ^^' 721, 31-736,

Public Law 90-232 AN ACT

To provide that the post office and Federal office building to be constructed in Bronx, New York, shall be named the "Charles A. Buckrey Post Office and Federal Office Building" in memory of the late Charles A. Buckley, a Member of the United States House of Representatives from the State of New York from 1935 through 1964.

December 29, 1967

[H.R. 138 33]

Be it enacted by the Senate and House of Representatives of the Charles p ^ ^ United States of America in Congress assembled, That the post office ^^^^^^ A. ^ ^ ofand Federal office building to be constructed in Bronx, New York, fice a^d Federal shall be named the "Charles A. Buckley Post Office and Federal Office o"^^^ BuUding. Building" in memory of the late Charles A. Buckley, a distinguished Member of the United States House of Representatives from the State of New York from 1935 through 1964. Any reference to such building in any law, regulation, document, record, map, or other paper of the United States shall be deemed a reference to such building as the "Charles A. Buckley Post Office and Federal Office Building." Approved December 29, 1967. 85-622 0-68—50

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Page:United States Statutes at Large Volume 81.djvu/786

 752

PUBLIC LAW 90-283-DEC. 29, 1967

[81 STAT.

Public Law 90-233 December 29, 1967 [S. 1477]

Agriculture. National advisory committee, meetings. 7 USC 1628.

AN ACT To amend section 301 of title III of the Act of August 14, 1946, relating to the establishment by the Secretary of Agriculture of a national advisory committee, to provide for annual meetings of such committee.

Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled, That the fifth sentence of section 301 of title III of the Act to provide for further research into basic laws and principles relating to agriculture and to improve and facilitate the marketing and distribution of agricultural products, approved August 14, 1946 (60 Stat. 1091), is amended to read as follows: "The committee shall meet annually and at such other times as are deemed necessary." Approved December 29, 1967.

Public Law 90-234 December 30, 1967

[H. R. 664]

Tariff Schedules. Bagpipes. Duty-free entry. 77A Stat. 359.

AN

ACT

To amend the Tariff Act of 1930 to provide that bagpipes and parts thereof shall be admitted free of duty.

Be it ermcted by the Senate and House of Representatives of the United States of America in Cangress assembled, That (a) schedule 7, part 3, subpart A of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out item 725.24 and inserting in lieu thereof the f ollowinfr: 725.23 725.24

Wood-wind instruments: Bagpipes Other

Free 15% ad val.

40% ad val. 40% ad val.

(b) Schedule 7, part 3, subpart B of such Schedules is amended by striking out item 726.70 and inserting in lieu thereof the following: Parts of wood-wind instruments: Parts of bagpipes 726.69 other 726. 70 Effective date.

76 Stat. 872. 19 USC 1821.

Free 15% ad val.

40% ad val. 40% ad val.

SEC. 2. (a) The amendments made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (b)(1) The rates of duty in rate column numbered 1 of the Tariff Schedules of the United, States (as amended by the first section of this Act) shall be treated as not having the status of statutory provisions enacted by the Congress, but as having been proclaimed by the President as bein^ required or appropriate to carry out foreign trade agreements to which the United States is a party. (2) The amendments made by the first section of this Act, insofar as such amendments relate to items 725.24 and 726.70 of the Tariff Schedules of the United States, shall not affect the authority of the President contained, in section 201(a)(2) of the Trade Expansion Act of 1962. Approved December 30, 1967.

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STAT.]

PUBLIC LAW 90-235-JAN. 2, 1968

753

Public Law 90-235 AN ACT

January 2, 1968

To amend title 10, United States Code, to simplify laws relating to members of the Army, Navy, Air Force, and Marine Corps, and for other purposes.

[H. R. S1547]

Be it enacted by the Seriate and House of Representatives United States of America in Congress assembled.

of the Armed Forces. Laws, simplification.

ACTIVE DUTY

1. (a) Title 10, United States Code, is amended as follows: (1) Chapter 39 is amended— (A) by inserting the following new sections after section 671: "§ 671a. Members: service extension during war "'Unless terminated at an earlier date by the Secretary concerned, the period of active service of any member of an armed force is extended for the duration of any war in which the United States may be engaged and for six months thereafter. "§ 671b. Members: service extension when Congress is not in session " (a) Notwithstanding any other provision of law, when the President determines that the national interest so requires, he may, if Congress is not in session, having adjourned sine die, authorize the Secretary of Defense to extend for not more than six months enlistments, appointments, periods of active duty, periods of active duty for training, periods of obligated service, or other military status, in any component of the Armed Forces of the United States, that expire before the thirtieth day after Congress next convenes or reconvenes. " (b) An extension under this section continues until the sixtieth day after Congress next convenes or reconvenes or until the expiration of the period of extension specified by the Secretary of Defense, whichever occurs earlier, unless sooner terminated by law or Executive order;" and (B) by inserting the following new item in the analysis thereof: SECTION

'^^^ s*^* 27.

"671a. Members: service extension during war." "G71b. Members: service extension when Congress is not in session."

(2) Sections 3492 and 8492 are repealed. (3) The analysis of chapter 341 is amended by striking out the following item:

Repeals.

"3492. Members: service extension during war."

(4) The analysis of chapter 841 is amended by striking out the following item: "8492. Members: service extension during war."

(b) Chapter 341 of title 10, United States Code, is amended by repealing section 3493 and striking out the following item in the analysis:

^^P^^-

"3493. Army Reserve: commissioned officers with Corps of Engineers." ENLISTMENTS

SEC, 2. (a) Title 10, United States Code, is amended as follows: (1) Chapter 31 is amended— (A) by redesignating section 501 as section "502"; (B) by inserting the following new sections:

76 Stat. 748.

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[81 STAT.

"§ 501. Definition "In this chapter 'enlistment' means original enlistment or reenlistment. U*

Ht

"§503. Enlistments: recruiting campaigns "The Secretary concerned shall conduct intensive recruiting campaigns to obtain enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, and Regular Coast Guard. "§ 504. Persons not qualified "No person who is insane, intoxicated, or a deserter from an armed force, or who has been convicted of a felony, may be enlisted in any armed force. However, the Secretary concerned may authorize exceptions, in meritorious cases, for the enlistment of deserters and persons convicted of felonies. "§ 505. Regular components: qualifications, term, grade " (a) The Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, of qualified, effective, and able-bodied persons who are not less than seventeen years of age in the case of male persons and not less than eighteen years of age in the case of female persons, nor more than thirty-five years of age. However, no male person under eighteen years of age, or female person under twenty-one years of age, may be originally enlisted without the written consent of his parent or guardian, if he has a parent or guardian entitled to his custody and control. "(b) A person is enlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard in the grade or rating prescribed by the Secretary concerned. "(c) The Secretary concerned may accept original enlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be— "(1) of male persons for the duration of their minority or for a period of two, three, four, five, or six years; and "(2) of female persons for a period of two, three, four, five, or six years. " (d) I n the Regular Army, female persons may be enlisted only in the Women's Army Corps. "(e) The Secretary concerned may accept reenlistments in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, for periods of two, three, four, five, or six years. No enlisted member is entitled to be reenlisted for a period that would expire before the end of his current enlistment. "§ 506. Regular components: extension of enlistments during war "An enlistment in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard in effect at the beginning of a war, or entered into during a war, unless sooner terminated by the President, continues in effect until six months after the termination of that war. "§ 507. Extension of enlistment for members needing medical care or hospitalization " (a) An enlisted member of an armed force on active duty whose term of enlistment expires while he is suffering from disease or injury incident to service and not due to his misconduct, and who needs medical care or hospitalization, may be retained on active duty, with his consent, until he recovers to the extent that he is able to meet the physi-

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PUBLIC LAW 90-235-JAN. 2, 1968

STAT.]

755

cal requirements for reenlistment, or it is determined that recovery to that extent is impossible. " (b) This section does not prevent the retention in service, without his consent, of an enlisted member of an armed force under section 972 of this title.

72 Stat. 1443.

^^§ 508. Reenlistment: qualifications " (a) No person whose service during his last term of enlistment was not honest and faithful may be reenlisted in an armed force. However, the Secretary concerned may authorize the reenlistment in the armed force under his jurisdiction of such a person if his conduct after that service has been good. "(b) A person discharged from a Regular component may be reenlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard, as the case may be, under such regulations as the Secretary concerned may prescribe. "(c) This section does not deprive a person of any right to be reenlisted in the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard under any other provision of law\ "§ 509. Voluntary extension of enlistments: periods and benefits " (a) Under such regulations as the Secretary concerned may prescribe, the term of enlistment of a member of an armed force may be extended or reextended with his written consent for any period. However, the total of all such extensions of an enlistment may not exceed four years. " (b) When a member is discharged from an enlistment that has been extended under this section, he has the same rights, privileges, and benefits that he would have if discharged at the same time from an enlistment not so extended. a*

^

Ht

it

4t

"§ 518. Temporary enlistments "Temporary enlistments may be made only in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, without specification of component. "§ 519. Temporary enlistments: during war or emergency "Except as provided in section 505 of this title and except for enlistments as Reserves of an armed force— "(1) temiDorary enlistments in an armed force entered into in time of war or of emergency declared by Congress shall be for the duration of the war or emergency plus six months; and "(2) only persons at least eighteen years of age and otherwise qualified under regulations to be prescribed by the Secretary concerned are eligible for such enlistments."; and (C) by striking the following item out of the analysis: ".501. Enlistment oath: who may administer."

and inserting the following new items in place thereof: ".TOI. Definition.

".502. ".503. "504. ".50.5. "506.

Enlistment oath: who may administer. Enlistments: recruiting campaigns. Persons not qualified. Regular components: qualifications, term, grade. Regular components: extension of enlistments during war or national emergency. "507. Extension of enlistment for members needing medical care or hospitalization.

^"'^' P- ^54.

^°^ ^*^*- ^^•

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[81 STAT.

"508. Reenlistment: qualifications. "509. Voluntary extension of enlistments: periods and benefits. "

70A Stat. 177; 75 Stat. 364.

66 Stat. 163. 8 USC 1101 note. Repeals. 70A Stat. 177; 72 Stat. 1465.

•

•

•

«

"518. Temporary enlistments. "519. Temporary enlistments: during war or emergency." (2) Chapter 333 is amended— (A) by amending section 3253 to read as follows: ^§3253. Army: persons not qualified " I n time of peace, no person may be accepted for original enlistment in the Army unless he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the applicable provisions of chapter 12 of title 8."; (B) by repealing sections 3252, 3254, 3255, 3256, 3262, and 3263; and (C) by striking out the following items in the analysis: "3252. Temporary enlistments. >'<>

«

«

"3254. Army: during war or emergency. "3255. Regular Army: recruiting campaigns. "3256. Regular Army: qualifications, term, grade. iHH

Repeals. 70A Stat. 318.

Repeals. 70A Stat. 5 0 3; 72 Stat. 1516.

"3262. Extension of enlistment for members needing medical care or hospitalization. "3263. Voluntary extension of enlistment." (3) Chapter 537 is amended by r e p e a l i n g sections 5 5 3 1 (a), 5532, 5533,5534,5537,5538, and 5539 and by striking o u t the following items in the a n a l y s i s: "5532. Prohibited classes. "3533. Minors. "5534. Term: grade. a* "5537. Extension: during disability incident to service. "5.538. Extension: during war or national emergency. "5539. Extension: voluntary, periods and benefits." (4) Chapter 833 is amended— (A) by amending section 8253 to read as follows: " I n time of peace, no person may be accepted for original enlistment in the Air Force unless he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the applicable provisions of chapter 12 of title 8."; (B) by repealing sections 8252, 8254, 8255, 8256, 8262, and 8263; and (C) by striking out the following items in the analysis: "8252. Temporary enlistments. <'* "8254. Air Force: during war or emergency. "8255. Regular Air Force: recruiting campaigns. "8256. Regular Air Force: qualifications, term, grade. n*
 * '§ 8253. Air Force: persons not qualified

Repeals.

"8262. Extension of enlistment for members needing medical care or hospitalization. "8263. Voluntary extension of enlistment." (b) Chapter 537 of title 10, United States Code, is amended by r e p e a l i n g sections 5531(b) and 5535 and by striking o u t the following items i n the a n a l y s i s: "5531. Recruiting campaigns: use of advertising agencies. "5535. Evidence of age required for certain enlistments of minors."

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PUBLIC LAW 90-'235-JAN. 2, 1968

(c) Section 90 of title 87, United States Code, is amended to read as follows: "A member of the Army, Navy, Aijr Force, Marine Corps, or Coast Guard, as the case may be, who extends his enlistment under section 509 of title 10 is entitled to the same pay and allowances as though he had reenlisted. For the purposes of determining entitlement to reenlistment bonus or to travel and transportation allowances upon discharge, all such extensions of an enlistment are considered one continuous extension."
 * § 906. Extension of enlistment: effect on pay and allowances

757 76 Stat. 489.

Ante,

p. 755.

DISCHARGE AlTD SEPARATION

SEC. 3. (a) Title 10, United States Code, is amended as follows: (1) Chapter 59 is amended— 7oA Stat. 8 9; (A) by adding the following new sections at the end thereof: ^\o*usc iiei1168. '*§ 1169. Regular enlisted members: limitations on discharge "No regular enlisted member of an armed force may be discharged before his term of service expires, except— " (1) as prescribed by the Secretary concerned; " (2) by sentence of a general or special court martial; or " (3) as otherwise provided by law. ^§ 1170. Regular enlisted members: minority discharge "Upon application by the parents or guardian of a regular enlisted member of an armed force to the Secretary concerned within 9C days after the member's enlistment, the member shall be discharged for his own convenience, with the pay and form of discharge certificate to which his service entitles him, if— "(1) there is evidence satisfactory to the Secretary concerned that the member is under eighteen years of age; and "(2) the member enlisted without the written consent of his parent or guardian. ^§ 1171. Regular enlisted members: early discharge "Under regulations prescribed by the Secretary concerned and approved by the President, any regular enlisted member of an armed force may be discharged within three months before the expiration of the term of his enlistment or extended enlistment. A discharge under this section does not affect any right, privilege, or benefit that a member would have had if he completed his enlistment or extended enlistment, except that the member is not entitled to pay and allowances for the period not served. "§ 1172. Enlisted members: during war or emergency; discharge "A person enlisted under section 518 of this title may be discharged Ante, p. 755. at any time by the President, or otherwise according to law."; and (B) by inserting the following items in the analysis: "1169. Regular enlisted members: limitations on discharge. "1170. Regular enlisted members: minority discharge. "1171. Regular enlisted members: early discharge. "1172. Enlisted members: during war or emergency; discharge." (2) Sections 3811(b), 3812, 3816, 6293, 6295, 8811(b), 8812, and Repeals. 8816 are repealed. 7OA Stat. 220. (3) The analysis of chapter 361 is amended by striking out the following items: "3812. Army enlisted members: during war or emergency; discharge. "3816. Regular enlisted members: minority discharge."

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PUBLIC LAW 90-235-JAN. 2, 1968

[ 8 1 STAT.

(4) The analysis of chapter 569 is amended by striking out the following items: "6293. Minors enlisted without consent of parent or guardian. "6295. Regular Navy: early discharge." (5) The analysis of chapter 861 is amended by striking out the following items: "8812. Air Force enlisted members: during war or emergency; discharge. <'*

7oTstat 197 '

4>

"8816. Regular enlisted members: minority discharge." (b) Title 10, United States Code, is amended as f o l l o w s: (1) Sections 3450, 3 8 1 1 (a), 3813, 3815, 6291, 6296, 6298, 6409, 8450, 8811 (a), 8813, and 8815 a r e repealed. (2) The analysis of chapter 339 is amended by striking o u t the following item: "34'50. Warrant oflScers: suspension of laws for promotion or mandatory retirement or separation during war or emergency." (3) The analysis of chapter 361 is amended by striking out the following items: "38.11. Army enlisted members: discharge certificate; limitations on discharge. "3813. Army enlisted members: dependency discharge. "381.5. Regular enlisted members: resignation of members enlisted on career basis; limitations." (4) The analysis of chapter 569 is amended by striking out the following items: "6291. Honorable discharges. a*

"6296. Furlough without pay. "6298. Authority to live at a receiving station after honorable discharge." (5) The analysis of chapter 573 is amended by striking out the following item: "6409. Navy and Marine Corps; warrant officers: suspension of laws for mandatory retirement and separation during war or emergency." (6) The analysis of chapter 839 is amended by striking o u t the following item: "8450. Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency." (7) The analysis of chapter 861 is amended by striking out the following items: "8811. Air Force enlisted members: discharge certificate; limitations on discharge. a* "8813. Air Force enlisted members: dependency discharge. it*

Ante. p. 756.

"8815. Regular enlisted members: resignation of members enlisted on career basis; limitations." (c) M e m b e r s of the Army or the A i r For c e w h o, o n the effective date of t h i s Act, a r e s e r v i n g under enlistments for unspecified periods under sections 3256(b) and 8256(b) of title 10, United States Code, shall continue in that s t a t u s and s h a l l be d i s c h a r g e d the r e from in accordance w i t h laws applicable to such discharges on the d a y before the effective date of t h i s Act.

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759

DETAILS AND DUTIES

SEC. 4. (a) Title 10, United States Code, is amended as follows: (1) Chapter 41 is amended— (A) by inserting the following new section after section 711: 7OA Stat. 32. '^§711a. American National Red Cross: detail of commissioned officers " (a) Commissioned officers of the Army, Navy, and Air Force may be detailed for duty with the American National Red Cross, by the Secretary of the military department concerned, as follows: " (1) for duty with the Service to the Armed Forces Division— " (A) one or more officers of the Army Medical Service; " (B) one or more officers of the Medical Department of the Navy; and " (C) one or more officers selected from among medical officers, dental officers, veterinary officers, medical service officers, nurses, and medical specialists of the Air Force; and " (2) to be in charge of the first-aid department— " (A) an officer of the Medical Corps of the Army; "^B) an officer of the Medical Corps of the Navy; or " (C) a medical officer of the Air Force."; and (B) by inserting the following new item in the analysis thereof: "711a. American National Red Cross; detail of commissioned officers.". Repeals. (2) Sections 3539 and 5987 are repealed. (3) The analysis of chapter 343 is amended by striking out the following item: "3539. American National Red Cross: detail of officers of Army Medical Service." (4) The analysis of chapter 553 is amended by striking out the following item: "5987. American National Red Cross: detail of officers in the Medical Corps." 72 Stat. 1442. (5) Chapter 49 is amended— 10 USC 971, (A) by adding the following new section: 972^ "§973. Duties: regular officers; performance of civil functions restricted " (a) No officer on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard may accept employment if that employment requires him to be separated from his organization, branch, or unit, or interferes with the performance of his military duties. " (b) Except as otherwise provided by law, no officer on the active list of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Coast Guard may hold a civil office by election or appointment, whether under the United States, a Territory or possession, or a State. The accejiJtance of such a civil office or the exercise of its functions by such ftft officer terminates his military appointment."; and (B) by adding the following new item at the end of the analysis: "973. Duties: Regular officers; performance of civil functions restricted." (6) Sections 3544 and 8544 are repealed. ^oT^ai 203 (7) Section 3017(b) is amended by striking out "3544(b)" and 527. inserting in place thereof "973(b)". (8) Section 5036 is amended by adding the following new subsection:

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PtJBLIC LAW 90-235-.IAN. 2, 1968

[81 STAT.

"(c) Performance of the duties of the Secretary by the Chief of Naval Operations, the Vice Chief of Naval Operations, or any officer 80 Stat. 426. . u s e 3347 and of the Navy or Marine Corps designated under section 6 of title 5 5 „„_ ^^,, „„„ notesr^ "" ' """ shall not be considered as the holding of a civil office within the Ante. p. 759. meaning of section 973(b) of this title." (9) Section 8017(b) is amended by striking out "8544(b)" and inserting in place thereof "973(b)". (10) The analysis of chapter 343 is amended by striking out the following item: "3544. Duties: regular oflScers; performance of civil functions restricted."

(11) The analysis of chapter 843 is amended by striking out the following item: "8544. Duties: regular oflScers; performance of civil functions restricted."

Repeal.

(!£) Section 6405 is repealed. (13) The analysis of chapter 573 is amended by striking out the following item: "6405. Effect of acceptance of appointment in Foreign Service."

Repeals.

(b) Title 10, United States Code, is amended as follows: (1) Sectious 3538, 3545, 5984, 8537, and 8545 are repealed. (2) The analysis of chapter 343 is amended by striking out the following items: "3538. Geological Survey: detail of officers of Ordnance Corps. "3545. Duties: officers; superintendence of cooking for enlisted members."

(3) The analysis of chapter 553 is amended by striking out the following item: "5984. Military institutions and colleges: details as superintendents and instructors."

(4) The analysis of chapter 843 is amended by striking out the following items: "8537. Department of Commerce: detail in aid of civil aviation. "8545. Duties: officers; superintendence of cooking for enlisted members." R A N K AND COMMAND 70A Stat. 3 3. 10 USC 741-

745" """ "

SEC. 5. (a) Title 10, United States Code, is amended as follows: (1) Chapter 43 is amended— (A) by adding the following new sections at the end thereof: "§747. Command: when different commands of Army, Navy, Air Force, Marine Corps, and Coast Guard join "When different commands of the Army, Navy, Air Force, Marine Corps, and Coast Guard join or serve together, the officer highest in rank in the Army, Navy, Air Force, Marine Corps, or Coast Guard on duty there, who is otherwise eligible to command, commands all those forces unless otherwise directed by the President. U«

4:

4«

"§749. Command: commissioned officers in same grade or corresponding grades on duty at same place " (a) When the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, has on duty in the same area, field command, or organization two or more commissioned officers of the same grade who are otherwise eligible to command, the President may assign the command without regard to rank in that grade.

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PUBLIC LAW 90-235-JAN. 2, 1968

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" (b) When oflScers of the Army, Navy, Air Force, Marine Corps, or Coast Guard are on duty in the same area, field, command, or organization and two or more commissioned officers of different services, who are otherwise eligible to command, have the same grade or corresponding grades, the President may assign the command without regard to rank in that grade."; and (B) by adding the following new items at the end of the analysis: "747. Command: when different commands of Army, Navy, Air Force, Marine Corps and Coast Guard join. "749. Command: commissioned oflBcers in same grade or corresponding grades on duty at same place."

(2) Sections 3576, 3578, 5954, 8576, and 8578 are repealed. (3) The analysis of chapter 345 is amended by striking out the following items:

foAStat. 70A Stat.

205.

"3.576. Command: when differeMt commands of Army and Marine Corps join. "3578. Command: commissioned officers of Army in same grade on duty at same place."

(4) The analysis of chapter 551 is amended by striking out the following item: "•59.54. Command: when different commands of Marine Corps and Army or Air Force join."

(5) The analysis of chapter 845 is amended by striking out the following items: "8576. Command: when different commands of Air Force and Marine Corps join. " *

4>

"8578. Command: commissioned officers of Air Force in same grade on duty at same place."

(b) Title 10, United States Code, is amended as follows: (1) Sections 5941,5950, and 5953 are repealed. (2) The analysis of chapter 551 is amended by striking out the following items:

Repeals.

"5941. Assignment to command: regulations. « *

4>

"5950. Exemption from Supply Corps duties. "59-53. Executive officer: assignment; authority." MISCELLANEOUS PROHIBITIONS A N D PENALTIES

SEC. 6. (a) Title 10, United States Code, is amended as follows: (1) Section 971 is amended by inserting the designation " (a) " before the words "The period of'' and adding the following newsubsection: ";(b) In computing length of service for any purpose— ''(1) no officer of the Navy or Marine Corps may be credited with service as a midshipman at the I ^ i t e d States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy, if he was appointed as a midshipman or cadet after March 4, 1913; and "(2) no commissioned officer of the Army or Air Force may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy, if he was appointed as a midshipman or cadet after August 24, 1912." (2) Sections 3682, 6116, and 8682 are repealed. ^ '

'

'

'•

72 Stat. 1442.

Repeals. 70A Stat. 210.

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PUBLIC LAW 90-235-JAN. 2, 1968

[81 STAT.

(3) The analysis of chapter 353 is amended by striking out the following item: "3682. Service credit: officers; service as cadet not counted."

(4) The analysis of chapter 559 is amended by striking out the following item: "6116. Service credit: officers; service as midshipman or cadet not counted."

(5) The analysis of chapter 853 is amended by striking out the following item: "8682. Service credit: officers; service as cadet not counted." Ante,

p. 759.

70A Stat. 388.

(6) Chapter 49 is amended— (A) by adding the following new section: '^§ 974. Civilian employment: enlisted members "Except as provided in section 6223 of this title no enlisted member of an armed force on active duty may be ordered or permitted to leave his post to engage in a civilian pursuit or business, or a performance in civil life, for emolument, hire, or otherwise, if the pursuit, business, or performance interferes with the customary or regular employment of local civilians in their art, trade, or profession."; and (B) by adding the following new item at the end of the analysis: "974. Civilian employment: enlisted members."

Repeals.

^Y) Sectlous 3635, 6114, and 8635 are repealed. (8) The analysis of chapter 349 is amended by striking out the following item: "3635. Enlisted members: restriction on civilian employment."

(9) The analysis of chapter 559 is amended by striking out the following item: "6114. Civilian employment: enlisted members."

(10) The analysis of chapter 849 is amended by striking out the following item: "8635. Enlisted members: restriction on civilian employment." MISCELLANEOUS RIGHTS AND BENEFITS

>^st^t^*isfi4'

72 Stat. 1564. "Dependent

70A Stat. 80;

79 Stat. 579. 10 USC 1031-

SEC. 7. (a) Title 10, United States Code, is amended as follows: (^) Section 101 is amended by adding the following new clause: "(36) 'Dependent', with respect to a female member of an armed force, does not incllide her husband, unless he is in fact dependent on her for his chief support, or her child, unless his father is dead or he is in fact dependent on her for his chief support." /^.v ^ i

i.

co •

J

J

(2) Chapter 53 IS amended— (A) by adding the following new section: '*§ 1040. Replacement of certificate of discharge "If satisfactory proof is presented that a person who was discharged honorably or under honoraole conditions has lost his certificate of discharge from an armed force or that it was destroyed without his procurement or connivance, the Secretary concerned may give that person, or his surviving spouse, a certificate of that discharge, indelibly marked to show that it is a certificate in place of the lost or destroyed certificate. A certificate given under this section may not be accepted as a voucher for the payment of a claim against the United States for pay, bounty, or other allowance, or as evidence in any other case."; and

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 81 S T A T. ]

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9 0 A 2 3 5 - J A N. 2, 1968

763

(B) by a d d i n g the following new item a t the e n d of the analysis: "1040. Replacement of certificate of discharge." (3) Sections 3685, 3693, 6033, 8685, and 8693 a r e repealed. (4) The analysis of chapter 353 is amended by striking out the following items: "3685. Regular Army; Army Reserve: female members; definition of 'dependents'. 4i*

"3693. Replacement of certificate of discharge." (5) The analysis of chapter 555 is amended by striking out the following item: "6033. Woman member: definition of dependents." (6) The analysis of chapter 853 is amended by striking out the following items: "8685. Regular Air Force; Air Force Reserve: female members; definition of 'dependents'. 0*

"8693. Replacement of certificates of discharge." (b) Title 10, United States Code, is amended as follows: (1) Sections 3631, 3637, 3690, 6158, 8631, 8637, and 8690 a r e repealed. (2) The analysis of chapter 349 is amended by striking out the following items: "3631. Dealing in quartermaster supplies prohibited. "

•

•

•

"3637. Enlisted members: forfeiture of right to pension by deserters." (3) The analysis of chapter 353 is amended by striking out following item: "3690. Exemption from arrest for debt: enlisted members." (4) The analysis of chapter 561 is amended by striking out following item: "6158. Exemption from arrest for debt: enlisted members of Marine Corps." (5) The analysis of chapter 849 is amended by striking out following items: "8631. Dealing in quartermaster supplies prohibited. " "8637. Enlisted members: forfeiture of right to pension by deserters." (6) The analysis of chapter 853 is amended by striking out following item: "8690. Exemption from arrest for debt: enlisted members."

the

the

the

the

THE UNIFORM

SEC. 8. Title 10, United States Code, is amended as follows: (1) Chapter 45 is amended — (A) by inserting the following new section after section 7 7 1: " (a) E x c e p t as provided i n subsections (b) and (c), w h e n a n enlisted m e m b e r of a n a r m e d force is discharged, the exterior articles of uniform i n h i s possession that w e r e issued to h i m, other than those t h a the may w e a r from the place of d i s c h a r g e to his h o m e under section 7 7 2 (d) of t h i s title, shall be r e t a i n e d for m i l i t a r y use.
 * § 771a. D i s p o s i t i o n o n d i s c h a r g e

foTstat 211.

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