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p. 145.

[81 STAT.

" (B) after July 14, 1967, received from the seller the identical stock certificates or evidences of indebtedness which it had previously delivered to the seller with respect to such acquisition by the seller; "(4) receives possession of such stock or debt obligation from another participating firm or from a participating custodian, together with a transfer of custody certificate, as provided in subsection (h); "(5) receives from the seller stock which was registered before July 19, 1963, in the name of the seller by a participating custodian which acted as transfer agent or registrar in registering such stock; "(6) receives a validation certificate issued by the Secretary or his delegate evidencing that the seller is a person described in subsection (a) with respect to such stock or debt obligation and files such certificate with the Secretary or his delegate in accordance with the requirements prescribed by the Secretary or his delegate; or " (7) withholds from the proceeds of such sale (with the consent of the seller) an amount equal to the tax which would be imposed under section 4911 on the acquisition of such stock or debt obligation by the purchaser if such acquisition vrere not exempt from such tax under this section. The withholding under paragraph (7) shall be treated as the collection of the tax imposed under section 4911 on the acquisition by the seller of such stock or debt obligation and shall be paid over to the Secretary or his delegate or released to the seller at such time and in such manner as provided in regulations prescribed by the Secretary or his delegate. "(f)

PARTICIPATING CUSTODIAN.—

"(1) DEFINITION.—For purposes of this section, a participating custodian is a bank or trust company insured by the Federal Deposit Insurance Corporation which satisfies the eligibility requirements set forth in paragraph (2). "(2)

ELIGIBILITY REQUIREMENTS.—

" (A) IN GENERAL.—A bank or trust company insured by the Federal Deposit Insurance Corporation may become a participating custodian if such bank or trust company notifies the Secretary or his delegate that it— " (i) agrees to comply with the provisions of this chapter and the documentation, record-keeping, reporting, and auditing requirements prescribed by the Secretary or his delegate to implement such provisions, and "(ii) if such notification is made after August 14, 1967, is complying with such provisions and requirements. "(B)

PARTICIPATING CUSTODIANS DURING INTERIM PERIOD.—

During the period commencing July 15, 1967, and ending on August 14, 1967, Federal Reserve member banks which are classified as reserve city banks are deemed to be participating custodians which satisfy the eligibility requirements of subparagraph (A). " (C) TERMINATION OF STATUS.—The status of a bank or trust company insured by the Federal Deposit Insurance Corporation as a participating custodian shall be terminated, if— " (i) such bank or trust company qualifies as a participating firm during the interim period described in subparagraph (B) and does not submit to the Secretary

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or his delegate, on or before August 15, 1967, the notification described in subparagraph (A); "(ii) such bank or trust company files a written request with the Secretary or his delegate to terminate such status; or "(iii) the Secretary or his delegate has reasonable cause to believe a participating custodian is failing to comply with the statutory provisions and procedural requirements described in subparagraph (A), and notifies the participating custodian of such noncompliance. Any termination of the status of a participating custodian in accordance with this subparagraph shall be effective as of the date specified in a notice to such participating custodian issued by the Secretary or his delegate which date shall be subsequent to the date on which information regarding the termination of such status is published for the purpose of informing the remaining participating custodians and participating firms. " (g) FILING or TitiVNSiTioN INVENTORY.—A participating firm and participating custodian which qualifies before August 15, 1967, shall, on or before August 15, 1967, file an inventory (designated as a transition inventory) with the Secretary or his delegate which shall include all stock of foreign issuers and debt obligations of foreign obligors carried in its records (on a trade-date basis) by such participating firm or participating custodian as of the close of business on July 14, 1967 (excluding, in the case of a member or member organization which becomes a participating firm after July 15, 1967, and in the case of a bank or trust company which becomes a participating custodian after July 15, 1967, stock and debt obligations not also carried in its records (on a trade-date basis) as of the close of business on the day prior to the day on which it became a participating firm or participating custodian), together with such information as may be required by the Secretary or his delegate. "(h)

TRANSFER OF CUSTODY CERTIFICATE.—

"(1) NATURE OF CERTIFICATE.—A certificate (designated as a transfer of custody certificate) may be issued' in accordance with paragraph (2) by a participating firm or participating custodian in connection with a delivery of stock of foreign issuers or debt obligations of foreign obligors which are carried in its records for the account of a United States person to another participating firm or participating custodian. " (2) AUTHORIZED TRANSFERS OF CUSTODY.—A participating firm or participating custodian shall issue a transfer of custody certificate only if, with respect to the stock or debt obligations described in such certificate, it has in its possession a statement, upon which it relies in good faith, executed under penalty of perjury, by the person for whose account the delivery is being made, establishing that such person is a United States person and is the owner of all stock of foreign issuers and debt obligations of foreign obligors carried in its records for the account of such person, and if either— " (A) such participating firm or participating custodian— "(i) carried in its records (on a trade-date basis) at the close of business on July 14, 1967, for the account of a United States person the stock or debt obligation described in the transfer of custody certificate; and "(ii) includes such stock or debt obligation in the transition inventory referred to in subsection (g) filed or to be filed on or before the due date by such participating

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[81 STAT.

firm with the Secretary or his delegate in accordance with the provisions of such subsection; " (B) such participating firm or participating custodian received a like amount of stock or debt obligations described in the transfer of custody certificate from another participating firm or participating custodian accompanied by a transfer of custody certificate with respect to such stock or debt obligation; " (C) such participating firm— "(i) effected as broker (or for its own account) the acquisition of the stock or debt obligation described in the transfer of custody certificate, and the exemption for prior American ownership and compliance provided in subsection (a) applied to such acquisition by reason of subsection (b)(1)(B); and "(ii) continuously carried in its records for the account of the person who acquired such stock or debt obligation, or received from such person, the identical stock certificates or evidences of indebtedness which it had previously delivered to such person in connection with such acquisition; " (D) such participating custodian received an l E T clean confirmation in connection with the acquisition of the stock or debt obligation described in the transfer of custody certificate for the person for whose account such stock or debt obligation is carried in its records; or " (E) conditions set forth in regulations prescribed by the Secretary or his delegate are met. " (i) CERTAIN DEBT OBLIGATIONS ARISING O U T OF LOANS TO ASSURE RAW MATERIAL SOURCES.—Under regulations prescribed by the Secre-

J8 Stat. 817; 80' Stat. 1585. "^"^ ''°' Ante,

p. 145.

78 Stat. 843.

tary or his delegate, subsection (a) shall not apply to the acquisition by a United States person of any debt obligation to which section 4914(d) applied where the acquisition of the debt obligation by such person is made with an intent to sell, or to offer to sell, any part of such debt obligation to United States persons. The preceding sentence shall not apply if the tax imposed by section 4911 has applied to any prior acquisition of such debt obligation. "(j) REGULATIONS.—The Secretary or his delegate shall prescribe such regulations as may be necessary to carry out the purposes of this section." ^j^^ RETURN REQUIREMENTS.—Section 6011(d)(1) is amended to read as follows: "(1)

Ante, p. 148.

IN GENERAL.—

" (A) Every person shall make a return for each calendar quarter during which he incurs liability for the tax imposed by section 4911, or would so incur liability but for the provisions of section 4918. The return shall, in addition to such other information as the Secretary or his delegate may by regulations require, include a list of all acquisitions made by such person during the calendar quarter for which exemption is claimed under section 4918 accompanied by a copy of any return made during such quarter under subparagraph (B). No return or accompanying evidence shall be required under this paragraph, in connection with any acquisition with respect to which—• " (i) an l E T clean confirmation is obtained in accordance with the provisions of section 4918(b), "(ii) a validation certificate described in section 4918(b) issued to the person from whom such acquisition

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was made is obtained, and such certificate was filed in accordance with the requirements prescribed by the Secretary or his delegate, or "(iii) a validation certificate was obtained by the acquiring person after such acquisition and before the date prescribed by section 6076(a) for the filing of the return, nor shall any such acquisition be required to be listed in any return made under this paragraph. " (B) Every person who incurs liability for the tax imposed by section 4911 shall, if he disposes of the stock or debt obligation with respect to which such liability was incurred prior to the filing of the return required by subparagraph (A), make a return of such tax." (c) T I M E FOR FILING RETURNS.—The text of section 6076 is amended to read as follows: " (a) Each return made under section 6011(d)(1)(A) shall be filed on or before the last day of the first month following the period for which it is made. " (b) Each return made under section 6011(d)(1)(B) shall be filed on or before the date of disposition of the stock or debt obligation with respect to which such return is made." (d)

'"^'^^•

^"'e, p. 145.

^^ ^'^* ^'*'* ^"'*' P- ^^^•

PENALTIES FOR FALSE STATEMENTS, E T C. —

(1) Section 6681 is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following: "(a)

155

^^ Stat. 845.

FALSE STATEMENT OF UNITED STATES PERSON STATUS.—In ad-

dition to the criminal penalty imposed by section 7241, any person who, for purposes of section 4918(e), knowingly executes a statement as to his status as a United States person and ownership of stock and debt obligations which contains a misstatement of material fact shall be liable to a penalty equal to 125 jjercent of the amount of the tax imposed by section 4911 on the acquisition of any stock or debt obligation which, but for the provisions of section 4918, would be payable by the person acquiring such stock or debt obligation. "(b) LIABILITY OF PARTICIPATING FIRMS AND PARTICIPATING CUSTODIANS.— "(1) CONFIRMATIONS AND COMPARISONS.—A participating firm

described in section 4918(c) shall be liable to a penalty equal to 125 percent of the amount of tax imposed by section 4911 on the acquisition of stock or a debt obligation which, but for the provisions of section 4918, would be payable by the person acquiring the stock or debt obligation, if such participating firm knowingly— " (A) furnishes an l E T clean confirmation referred to in section 4918(b) other than in accordance with the provisions of section 4918(d), " (B^ furnishes a written comparison or broker-dealer confirmation other than in accordance with the provisions of section 4918(e), or " (C) violates the rules of an exchange or association referred to in section 4918(d)(2) and as a result thereof an l E T clean confirmation referred to in section 4918(b) is issued under section 4918(d)(2) by another participating firm. " (2) TRANSFER OF CUSTODY CERTIFICATES.—A participating firm or participating custodian (described in section 4918(f)) shall be liable to a penalty equal to 125 percent of the amount of tax imposed by section 4911 on the acquisition of stock or a debt obligation which, but for the provisions of section 4918, would be pay-

^°®'' P- ^^^ ^"'e- P- i^s.

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 156

Ante, p. 148.

78 Stat. 846.

PUBLIC LAW 90-59-JULY 31, 1967

fel

STAT.

able by the person acquirinj^ the stock or debt obligation, if such firm or custodian knowingly issues a transfer of custody certificate (described in section 4918(h)(1)) which contains a misstatement of material fact or knowingly issues a transfer of custody certificate other than in accordance with the provisions of section 4918." (£) Section 6681(e) is amended to read as follows: " (e) PENALTY To B E I N L I E U OF TAX I N CERTAIN CASES.—Unless

the person acquiring the stock or debt obligation involved had reason to know that the l E T clean confirmation which he received was false in any material respect, the penalty under subsection (b)(1) shall be in lieu of any tax on the acquisition of stock or debt obligation under Ante, p. 145.

sCCtioU 4 9 1 1. "

(3) Section 6681 is amended by adding at the end thereof the following new subsection: " (f) FALSE APPLICATION FOR VALIDATION CERTIFICATE, ETC.—Any

78 Stat. 847.

79 Stat. 962.

person who knowingly supplies information in connection with an application for a validation certificate (described in section 4918 (b)(1)(A)) which contains a misstatement of a material fact, or who knowingly obtains or uses a validation certificate for the purpose of establishing an exemption for prior American ownership and compliance under section 4918(a) other than in accordance with the provisions of section 4918, shall be liable to a penalty equal to 125 percent of an amount equal to the tax which would have been imposed by section 4911 if the stock or debt obligation described in such certificate had been acquired by a person required to pay such tax on the date of application." (e) CRIMINAL PENALTY.—Section 7241 is amended by inserting " (a) " before "Any person" and by adding at the end thereof the following new subsection: "(b) Any person who, on or after the date of the enactment of the Interest Equalization Tax Extension Act of 1967, willfully executes, for purposes of section 4918(e), a statement as to his status as a United States person and ownership of stock and debt obligations which is known by him to be fraudulent or to be false in any material respect shall be guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not more than $1,000, or imprisoned not more than 1 year, or both." (f) CONFORMING AMENDMENT.—Section 4920(a)(5) is amended by striking out "execute a certificate of American ownership (within the meaning of section 4918)" and insert in lieu thereof "be considered a United States person". (g) CLERICAL AMENDMENT.—The table of sections for subchapter A of chapter 41 is amended by striking out the item relating to section 4918 and inserting in lieu thereof the following: "Sec. 4J)18. Exemption for prior American ownership and compliance." (h) EFFECTIVE DATE.—The amendments made by this section (other

than by subsections (d) and (e)) shall apply wath respect to acquisitions of stock and debt obligations made after July 14, 1967. The amendments made by subsections (d) and (e) shall take effect on the date of the enactment of this Act. (i) INTERIM PROCEDURES.—The Secretary of the Treasury or his

delegate may establish such procedures and require the filing of such information and the maintenance of such records as may be necessary in order to permit an orderly transition in respect to market procedures for the period beginning on July 15, 1967, and ending on August 14, 1967, pursuant to which participating firms and participating custodians may issue l E T clean confirmations, written com-

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parisons, broker-dealer confirmations, and transfer of custody certificates without satisfying the specific procedural requirements provided in section 4918 of the Internal Revenue Code of 1954 as amended by subsection (a) of this section.

157

Ante,

p. 148.

SEC. 5. OTHER AMENDMENTS. (a) COMMISSIONS PAID TO FOREIGN BRANCH OFFICES OF DOMESTIC

(1) Section 4912(b)(2)(B) is amended by adding at the end 7/|tft'^96f °' thereof the following new sentence: "The preceding sentence shall not apply to a transfer of money or other property by a domestic corporation or partnership to a branch office with respect to which there is an election in effect under paragraph (5) of section 4920 (a), to the extent that such transfer is in payment of a com- ^s Stat. 837; mission on a transaction initiated by such branch office and such commission is not in excess of the commission which such domestic corporation or partnership would pay to another domestic corporation or partnership in a similar transaction entered into at arm's length." (2) The amendment made by paragraph (1) shall apply with respect to transfers made on or after the date of the enactment of this Act. (b) EXCLUSION OF ACQUISITIONS ARISING O U T OF SALES OF CERTAIN FOREIGN REAL PROPERTY.—

(1) Section 4914(b) (14) is amended to read as follows: "(14) FOREIGN PROPERTY.—Of debt obligations arising out of the sale of— " (A) tangible property located outside the United States which was held by the person acquiring such obligation for his personal use, or " (B) real property (other than real property to which subparagraph (A) applies) located outside the United States and owned, on July 18, 1963, by— " (i) the person acquiring such obligation, "(ii) a decedent who was a United States person on the date of his death, if such real property was transferred to the person acquiring such obligation by reason of the death of the decedent, or "(iii) a United States person who after July 18, 1963, transferred such property (whether or not for consideration) to a trust created by him for the benefit of the members of his family (within the meaning of section 3 1 8 (a)(1)), if such trust is the person acquiring such obligation." (2) The amendment made by paragraph (1) shall apply only with respect to acquisitions made on or after the date of the enactment of this Act. (c) EXCLUSION OF CERTAIN CITIZENS.—

esA Stat. 99.

ACQUISITIONS BY RESIDENTS N O T

(1) Section 4914(b) is amended by adding at the end thereof the following new paragraph: "(15)

79 Stat. 958.

^s Stat. 814.

CERTAIN ACQUISITIONS BY RESIDENTS NOT CITIZENS.—Of

stock or debt obligations by an individual who is a resident but not a citizen of the United States, during the 90-day period beginning on the date such individual first became a resident of the United States." (2) Section 4914(j)(2) is amended by adding at the end thereof the following new sentence: " For purposes of this chapter, if, after February 27, 1967, a United States person sells or otherwise disposes of stock or a debt obligation to the acquisition of which

78 Stat. 824.

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[81 STAT.

subsection (b)(15) applied, such person shall not, with respect to that stock or debt obligation, be considered a United States person." (3) The amendment made by paragraph (1) shall apply with respect to acquisitions made after July 18, 1963. (d)

78 Stat. 815.

"

EXPORT CREDIT TRANSACTIONS GUARANTEED BY UNITED STATES

(1) Section 4914(c)(1) Is amended— (A) by striking out "to such obligor" in the matter preceding subparagraph (A); and (B) by inserting before "the United States person" in subparagraph (B) "such sale is made to such foreign obligor and". (2) The amendments made by paragraph (1) shall apply with respect to acquisitions made on or after the date of the enactment of this Act.

(e) CERTAIN PERSONS.—

SALES OF ORES OR MINERAUS BY UNITED STATES

(1) Section 4914(c)(5) is amended by adding at the end thereof (after and below subparagraph (B)) the following new sentence: "For purposes of clause (iii) of subparagraph (A) (and for purposes of determining whether a debt obligation arises out of a loan described in subparagraph (B) in a case where the ores, minerals, or derivatives involved are obtained under a contract described in such clause), a contract shall be deemed to have been entered into on or before July 18, 1963, if it is entered into after such date and before January 26, 1967, and is a substitute for a contract, which has been canceled or terminated, between the same parties which was entered into on or before July 18, 1963; except that the total amount of the acquisitions excluded by this paragraph on the basis of a contract entered into after July 18, 1963, which is deemed by this sentence to have been entered into on or before such date shall not exceed the total amount of the acquisitions which could have been excluded by this paragraph on the basis of the earlier contract for which such contract was substituted." (2) The amendment made by paragraph (1) shall apply with respect to acquisitions made on or after the date of the enactment of this Act. (f) REACQUISITION OF CERTAIN EXPORT DEBT OBLIGATIONS.—

(1) Section 4914(c) is amended by renumbering paragraph (7) as (8), and by inserting after paragraph (6) the following new paragraph: "(7)

REACQUISITION OF CERTAIN EXPORT DEBT OBLIGATIONS.—

If paragraph (1), (2), or (6) of this subsection applied to the acquisition of a debt obligation by a United States person and such debt obligation is transferred by such United States person to a person other than a United States person (and subsection (j)(1)(A) (iii) would have applied if such transfer had been to a United States person), the tax imposed by section 4911 shall not apply to the reacquisition of such debt obligation by such United States person from such person." (2) The amendment made by paragraph (1) shall apply with respect to reacquisitions made on or after the date of the enactment of this Act.

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(g) LESS DEVELOPED COUNTRY SHIPPING COMPANIES.—

(1) Section 4916(c) is amended— (A) by redesignating subparagraph (B) of paragraph (1) as subparagraph (C); (B) by striking out subparagraph (A) of paragraph (1) and inserting in heu thereof the following: " (A) meets the requirements of section 955(c)(1); " (B)(i) meets the requirements of section 955(c)(2), and "(ii) on each day of such applicable periods, is owned (as determined under section 958(a)), to the extent of at least 80 percent of each class of its stock, by United States persons or residents of one or more less developed countries; or"; (C) by striking out the last sentence of paragraph (1) and inserting in lieu thereof the following: "A foreign partnership, as defined in section 7701(a)(2) and (5), the jxssets, gross income, and ownership of which, for the applicable periods set forth in paragraph (3), satisfy the requirements of subparagraph (A), (B), or (C) of the first sentence of this paragraph, shall be treated as a less developed country corporation for purposes of this section."; (D) by striking out "subparagraphs (A) and (B) " in paragraphs (2)(A) and (3) and insarting in lieu thereof "subparagraphs (A), (B), and (C) "; and (E) by striking out "subparagraph (B) " in paragraph (2) (C) and inserting in lieu thereof "subparagraph (C) ". (2) The amendments made by paragraph (1) shall apply with respect to acquisitions made after the date of the enactment of this Act.

^s Stat. 828.

^^ ^*°'- ^°^2^^ ^*^*- ^°^*-

^^A Stat. 911.

(h) INTERNATIONAL MONETARY STABILITY EXCLUSION.—

(1) Section 4917(d) is amended by— (A) striking out "after the date of the enactment of the Interest Equalization Tax Extension Act of 1965"; (B) striking out "5 percent" and inserting in lieu thereof "1 percent"; and (C) striking out "25 percent" and inserting in lieu thereof "5 percent". (2) The amendments made by paragraph (1) shall apply with respect to acquisitions made after July 18, 1963. (3) If, with respect to an acquisition after July 18, 1963, and before the date of enactment of this Act, by a State or political subdivision, or by any agency or instrumentality thereof, of stock or a debt obligation which is all or part of an original or new issue to which an Executive order issued under section 4917(a) is applicable (other than an Executive order which is applicable to a limited aggregate amount of such issues), the notice of acquisition required by section 4917(a) is filed on or before the 60th day after the date or enactment of this Act, such notice shall be considered as filed on or before the last day specified in the regulations prescribed by the Secretary or his delegate under section 4917(a). (4) No interest shall be paid with respect to any credit or refund allowed or made by reason of the application of this subsection.

'^ s*«* ^^o-

^* ^*^'- ^3°-

(i) RESALES OF DEBT OBLIGATIONS BY UNITED STATES DEALERS.—

(1) Sections 4919(a)(2)(A) (ii) and 4919(a)(2)(B) (ii) are each amended by striking r)ut "on the same or the next business 85-622 0-68—13

78 Stat. 8 3 3.

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day" and inserting in lieu thereof "within 30 days after the day of purchase". (2) Section 4919(b)(3) is amended— (A) by striking out in subparagraph (A) (ii) "on the day of purchase or the next business day" and inserting in lieu thereof "within 30 days after the day of purchase"; (B) by striking out in the sentence following subparagraph (A) (ii) "on the day on which it was purchased or the next business day" and inserting in lieu thereof "within 30 days after the day of purchase"; (C) by striking out "or" at the end of subparagraph (B)(i); (D) by striking out "or debt obligation" in subparagraph (B) (ii) and by adding "or" at the end of such subparagraph; (E) by adding after subparagraph (B) (ii) the following: "(iii) purchased a debt obligation which he resold within 30 days after the day of purchase to a person other than a United States person,"; and (F) by striking out in the matter following subparagraph (B) (iii) (as added by subparagraph (E) of this paragraph) "on the day of purchase or the next business day" and by inserting before the period at the end of subparagraph (B) the following: "on the day of purchase or the next business day in the case of stock, or within 30 days after the day of purchase in the case of a debt obligation". (3) The amendments made by this subsection shall apply only with respect to an acquisition by a dealer of a debt obligation which is resold by such dealer to another dealer (whether such acquisition by the former dealer occurs before or after such resale) after January 25, 1967.

'« ^*^*- '23-

(j)

78 Stat. 836.

[81 STAT.

FOREIGN LENDING AND FINANCE BUSINESSES.—

(1) Section 4920(a)(3) is amended hj striking out the period at the end of subparagraph (B) and inserting in lieu thereof "; or", and by adding after subparagraph (B) the following new subparagraph: " (C) a domestic corporation which together with its subsidiaries (if any) — " (i) is primarily engaged in the lending or finance business through offices located outside the United States, and "(ii) holds itself out, in the course of such business outside the United States, as lending money to the public generally, and which elects to be treated as a foreign issuer or obligor for purposes of this chapter. The election under the preceding sentence shall be made on or before the 60th day after the date of the enactment of this subparagraph or the 60th day after the organization of the corporation, whichever is later, under regulations prescribed by the Secretary or his delegate. Any such election shall be effective as of January 26, 1967, or the date of the organization of the corporation, whichever is later, and shall remain in effect until revoked. If, at the close of any succeeding calendar quarter, the corporation ceases to meet the requirement of clause (i) or clause (ii), the election shall thereupon (with respect to quarters after such

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161

calendar quarter) be deemed revoked. When an election is revoked no further election may be made." (2) Section 4920(a) is further amended by inserting after par- 78 Stat. 835. agraph (3) the following new paragraph: Ante, p. 160. "(3A) For purposes of paragraph (S)(C) — " (A) the term 'lending or finance business' has the mean- ^^^^^"1^^^^°^^',', ing given it by section 542(d)(1); except that for such "Ts'^sta't.To.^^ purposes the term '60 months' appearing in subparagraph (B)(i) of such section shall be deemed to read '48 months' and the subsequent portion of such subparagraph (B)(i) shall be disregarded; " (B) a corporation shall be considered a 'subsidiary' of another corporation only if stock possessing at least 50 percent of the voting power of all classes of its stock is directly or indirectly owned by such other corporation and the two corporations are aifiliated with each other; and " (C) a corjK)ration primarily engaged in lending money to one or more other corporations each of which is affiliated with it and satisfies the requirements of clauses (i) and (ii) of paragraph (3)(C) shall itself be deemed to satisfy such requirements. For purposes of this paragraph, two corporations are 'affiliated' with each other if they are members (or would be members if they were both domestic corporations) of the same affiliated group (within the meaning of section 1504)." ^^^ ^*^*- ^^^• (3) Section 4920(a)(4)(C) is amended by striking out "paragraph (3)(B) " and inserting in lieu thereof "subparagraph (B) or (C) of paragraph (3)". (k)

CERTAIN FINANCING COMPANIES,—

(1) Section 4920(a) is amended by inserting after paragraph (3A) (as added by subsection (j)(2)) the following new paragraph: "(3B) CERTAIN DOMESTIC FINANCING COMPANIES.—The terms "Foreign is'foreign issuer', 'foreign obligor', and 'foreign issuer or obligor' obfi^or." ""^^^^^ also mean a domestic corporation if— " (A) such corporation is engaged in the business of acquiring— " (i) debt obligations arising out of the sale of tangible personal property produced, manufactured, assembled, or extracted by one or more includible corporations in an affiliated group (as determined under section 48(c) (3)(C)) of which such corporation is a member, ^^ ^*^* ^^^• "(ii) debtobligationsarisingoutof the sale of tangible personal property received as part or all of the consideration in sales of property described in clause (i), "(iii) debt obligations arising out of the sale of tangible personal property received as part or all of the consideration in sales of propert;^ described in clause (ii), "(iv) debt obligations arising out of the sale of tangible property or property described in section 4914(c)(3) (A) or services (or any combination thereof) by one or 78 Stat. 8i6. more includible corporations in an affiliated group (as determined under section 1054) of which such corporation is a member, if at least 15 percent of the purchase price of each such sale is attributable to the sale of prop-

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[81 STAT.

erty manufactured, produced, grown, or extracted in the United States by one or more such includible corporations, or to the performance of services by one or more such includible corporations, or to both, " (v) debt obligations arising out of loans to dealers or distributors primarily engaged in the business of selling property described in clause (i), (ii), or (iii), the proceeds of which are used by such dealers or distributors m such business, or "(vi) any combination of the foregoing, " (B) at least 90 percent of the actual value of the debt obligations acquired by such corporation during each calendar quarter consists of debt obligations described in subparagraph

78 Stat. 833 78 Stat. 811

78 Stat. 824.

68A Stat. 369.

" (C) such corporation acquires the debt obligations described in subparagraph (A) solely out of the proceeds of the sale (including a sale in a transaction described in section 4919(a)(1) by such corporation (or by a domestic corporation described in section 4912(b)(3) which owns all of the stock of such corporation) of debt obligations of such corporation (or such other domestic corporation) to persons other than— " (i) a United States person, "(ii) a foreign partnership in which such corporation owns directly or indirectly (within the meaning of section 4915(a)(1)) 10 percent or more of the profits interest, or "(iii) a foreign corporation, if such domestic corporation (or one or more includible corporations in an affiliated group, as determined under section 1504, of which such domestic corporation is a member) owns directly or indirectly (within the meaning of section 4915(a)(1)) 10 percent or more of the total combined voting power of all classes of stock of such foreign corporation, except to the extent such foreign corporation has, after having given advance notice to the Secretary or his delegate, sold its debt obligations to persons other than persons described in clause (i) or (ii) or this clause and is using the proceeds of the sale of such debt obligations to acquire the debt obligations of such domestic corporation (or such other domestic corporation), " (D) the total actual value of the outstanding debt obligations described in subparagraph (C) sold by such corporation (or such other domestic corporation) at all times exceeds the total actual value of the debt obligations described in subparagraph (A) owned by such corporation, " (E) the total actual value of the debt obligations described in subparagraph (A) owned by such corporation with a period remaining to maturity of less than one year at the time of acquisition at all times exceed the total actual value of the outstanding debt obligations described in subparagraph (C) sold by such corporation (or such other domestic corporation) with a period remaining to maturity of less than one year at the time of sale (other than debt obligations sold pursuant to an overdraft arrangement).

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 81 STAT.]

PUBLIC LAW 90-59-JULY 31, 1967

" (F) such corporation does not acquire any stock or debt obligations of foreign issuers or foreign obligors (other than debt obligations described in subparagraph (A)), or any stock or debt obhgations of a domestic corporation described in section 4912(b)(3), the acquisition of which would have been subject to the tax imposed by section 4911 if such corporation had not elected to be treated as a foreign issuer or obligor under subparagraph (H), " (G) such corporation, in a manner satisfactory to the Secretary or his delegate, identifies the certificates representing its sitock and debt obligations, and maintains such records and accounts and submits such reports as may be necessary to establish that the requirements of the foregoing subparagraphs have been met, and " (H) such corporation elects to be treated as a foreign issuer or obligor for purposes of this chapter. The election under subparagraph (H) shall be made on or before the 60th day after the date of the enactment of this paragraph or the 60th day after the organization of the corporation, whichever is later, under regulations prescribed by the Secretary or his delegate. Any such election shall be effective as of the date thereof and shall remain in effect until revoked. If, at any time, the corporation ceases to meet any requirement of subparagraph (A), (B), (C), (D), (E), (F), or (G), the election shall thereupon be deemed revoked. When an election is revoked, no further election may be made. If an election is revoked, the corporation shall incur liability at the time of such revocation for the tax imposed by section 4911 with respect to all debt obligations described in subparagraph (A) (and all stock and debt obligations described in subparagraph (F)) which were acquired by it during the period for which the election was in effect and which are held by it at the time of such revocation; and the amount of such tax shall be equal to the amount of tax for which the corporation would be liable under such section if it had acquired such stock or debt obligations immediately after such revocation. For purposes of sections 4912 and 4915, a corporation which has made an election under subparagraph (H) shall, during the period for which such election is in effect, be treated with respect to acquisitions from such corporation, as a foreign corporation which is not formed or availed of for the principal purpose described in section 4915(c)(1)." (2) Section 4920(a)(4)(C) (as amended by subsection (j)(3)) is amended by inserting after "subparagraph (B) or (C) of paragraph (3) " the following: "or in paragraph (3B)". (3) Section 4915(c) is amended by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: "(3) FOREIGN FINANCING COMPANY.—A foreign corporation— " (A) 50 percent or more of the voting power of all classes of stock of which is owned directly or indirectly (within the meaning of subsection (a)) by a domestic corporation (or by one or more includible corporations in tin affiliated group, as defined in section 48(c)(3)(C), of which such domestic corporation is a member), " (B) which, if it were a domestic corporation, would be eligible to make an election under section 4920(a) (3B), and

163

'^^ ^*^*- ^^^• Ante,

p. 145.

Ante,

p. 161.

^^ ^tat. 826.

76 Stat. 969. Ante,

p. 161.

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 PUBLIC LAW 90-60-AUG. 1, 1967

164

[81 STAT.

" (C) gives notice to the Secretary or his delegate within the period for making an election under such section, shall, during the period after the date of such notice during which it meets the requirements of subparagraphs (A), (B), (C), (D), (E), (F), and (G) of such section, oe treated as not formed or availed of for the principal purpose described in paragraph (1) of this subsection. If such corporation ceases to meet such requirements, such corporation shall be treated as having been availed of for the principal purpose described in paragraph (1) of this subsection at the time of such cessation." Approved July 31, 1967, 7:22 p. m.

Public Law 90-60 August I, 1967 [S. 1191]

Ute Tribe of Indians. Judgment funds. 79 Stat. 8 1.

25 USC 6 7 1 673. 25 USC 6 7 6, 6 7 7 et seq.

AN ACT To provide for the distribution of judgment funds among members of the Cbnfederated Band.s of the Ute Indian Tribes.

Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That the 'Secretary of the Interior is hereby authorized and directed to divide the trust fund belonging to the Confederated Bands of Ute Indians appropriated by the Second Supplemental Appropriations Act, 1965, and deposited in the United States Treasury pursuant to the final judgment entered in Indian Claims Commission docket numbered 327, including the interest thereon, by crediting 60 per centum to the Ute Indian Tribe of the Uintah and Ouray Reservation and the Ute Distribution Corporation, 20 per centum to the Ute Mountain Tribe of the Ute Mountain Reservation, and 20 per centum for the Southern Ute Tribe of the Southern Ute Reservation. The portion of the trust fund, upon its division as herein directed, credited to the Ute Indian Tribe of the Uintah and Ouray Reservation to the Ute Distribution Corporation and to the Southern Ute Tribe of the Southern Ute Reservation, shall be available for use in accordance with existing authorization for use of funds of the tribes and the Ute Distribution Corporation, including the Act of August 21, 1951 (65 Stat. 193), as amended, the Act of June 28, 1954 (68 Stat. 300), and the Act of August 27, 1954 (68 Stat. 868), as amended. Any part of such funds that may be distributed to the members of the tribe shall not be subject to Federal or State income taxes. Approved AugUvSt 1, 1967.

Public Law 90-61 August 2, 1967 [S. J. R e s. 98]

JOINT RESOLUTION Authorizing the National Advisory Commission on Civil Disorders to compel the attendance and testimony of witnesses and the production of evidence

Resolved by the Senate and House of Representatives of the United or^^!>*^mistfoi^ •S'^a^^es of America in Congress assembled. That (a) for the purposes on^civn'ors^orders. of this joint resolution, the term "Commission" means the Commission subpena power, appointed by the President by Executive Order 11365, dated July 29, 32 F. R. m i l.

1967.

(b) The Commission, or any member of the Commission when so authorized by the Commission, shall have power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Commission. The Commission, or any member of the Commission

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 81 STAT.]

PUBLIC LAW 90-62-AUG. 9, 1967

or any agent or agency designated by the Commission for such purpose, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing, (c) I n case of contumacy or refusal to obey a subpena issued to any person under subsection (b), any court of the United States within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commission shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission, its member, agent, or agency, there to produce evidence if so ordered, or there to ^ive testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof. (d) Process and papers of the Commission, its members, agent, or agency, may be served either upon the witness in person or by registered mail or by telegraph or by leaving a copy thereof at the residence or principal office or place of business of the person required to be served. The verified return by the individual so serving the same, setting forth the manner of such service, shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Commission, its members, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (e) No person shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to a subpena, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture (except demotion or removal from office) for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. (f) All process of any court to which application may be made under this Act may be served in the judicial district wherein the person required to be served resides or may be found. Approved August 2, 1967.

165

Privilege against self-incrimination.

Place of service.

Public Law 90-62 AN ACT To extend the authority for exemptions from the antitrust laws to assist in safeguarding the balance-of-payments position of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the Act of September 9, 1965 (79 Stat. 674; 31 U.S.C. Supp. I, 936) is amended by striking out "twenty months after it becomes law"' and inserting in lieu thereof "on June 30, 1969". Approved August 9, 1967.

August 9, 1967 [S.1648]

Balance-ofpayments agreements.

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PUBLIC LAW 90-63-AUG. 11, 1967

[81 STAT.

Public Law 90-63 August 11, 1967 [H. R. 2532]

Ottawa Tribe of Oklahoma. Judgment funds. 79 Stat. 8 1.

25 USC 841-853.

AN ACT To provide for the disposition of funds appropriated to pay a judgment in favor of the Ottawa Tribe of Oklahoma in docket numbered 303 of the Indian Claims Commission, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the unexpended balance of funds on deposit in the United States Treasury to the credit of the Ottawa Tribe of Oklahoma that were appropriated by the Act of April 30, 1965, to pay a judgment of the Indian Claims Commission in docket numbered 303, and the interest thereon, after deduction of litigation expenses and estimated costs of distribution, shall be distributed per capita to all persons whose names appear on the final roll of the Ottawa Tribe prepared pursuant to the Act of August 3, 1956 (70 Stat. 963). SEC. 2. The Secretary of the Interior shall distribute a share payable to a living enrollee directly to such enrollee, or in such manner as is deemed by the Secretary to be in the enrollee's best interest. The Secretary shall distribute the per capita share of a deceased enrollee to his heirs or legatees upon proof of death and inheritance satisfactory to the Secretary whose findings upon such proof shall be final and conclusive. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid to the persons whom the Secretary determines will best protect their interests. Any per capita shares unclaimed for a period of two years from the date of the administrative directive to make the payment shall be turned over to the Ottawa Indian Tribe of Oklahoma, incorporated under the laws of the State of Oklahoma, to be used for purposes set forth in its articles of incorporation, filed July 14, 1959. I n the event that the sum of money reserved by the Secretary to pay the costs of distributing the individual shares exceeds the amount actually necessary to accomplish this purpose, such funds shall remain to the credit of the Ottawa Tribe of Oklahoma until all claims filed against the United States by the tribe have been settled and the last judgment distributed per capita, at which time any sums remaining shall be turned over to the Ottawa Indian Tribe of Oklahoma. SEC. 3. The funds distributed under the provisions of this Act shall not be subject to Federal or State income taxes. SEC. 4. The Secretary is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved August 11, 1967.

Public Law 90-64 August 11, 1967 [H. R. 3631]

Agua C a l i e n t e Indian Reservation. Street dedicat i o n s; title conveyances.

AN ACT To provide for the dedication of certain streets on the Agua CaUente Indian Reservation and to convey title to certain platted streets, alleys, and strips of land. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That within one year from the date of enactment of this Act the Secretary of the Interior, with the consent of the majority of the eligible voting members of the Agua Caliente Band of Mission Indians, may dedicate to the public for street purposes, subject to prior existing rights and adverse claims, any of the streets, alleys, or strips of land in the west half of section

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STAT.]

PUBLIC LAW 90-66-AUG. 19, 1967

167

14, township 4 south,'range 4 east, San Bernardino meridian, city of Palm Springs, Riverside County, California, that are shown on the United States Department of the Interior official plats of survey accepted September 7, 1927, June 27, 1956, May 27, 1958, and March 11, 1960. SEC. 2. All of the right, title, and interest of the United States and the Agua Caliente Band of Mission Indians from the centerline of any of said streets, alleys, and strips of land which has not been dedicated and formally accepted by the city of Palm Springs within one year from the date of enactment of this Act shall on that date, subject to prior existing rights and adverse claims, vest in the owner or owners of the closest adjoining or abutting tract or parcel of land in said section 14 and thereupon become a part of said adjoining or abutting tract or parcel of land. Title to land passing under this section shall acquire the same status as the title to the adjoining or abutting property of which it becomes a part. SEC. 3. Patents or deeds to lands in the west half of said section 14 issued one year or more after the date of enactment of this Act shall convey title to the streets, alleys, or strips of land which become a part thereof pursuant to section 2 of this Act unless the streets, alleys, or strips of land are expressly excluded from the conveyance. Approved August 11, 1967.

Public Law 90-65 AN ACT August 19, 1967 To amend the Act of September 26, 1950, authorizing the Sacramento Valley [H.R. 743] irrigation canals, Central Valley project, California, in order to increase the capacity of certain project features for future irrigation of additional lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the cent^rai vaiiey Act entitled "An Act to authorize Sacramento Valley irrigation canals, '''irrigation Central Valley project, California," approved September 26, 1950 canais, capacity (64 Stat. 1036) is amended by adding to the first paragraph of that increase. '" section the following: "Notwithstanding the provisions of section 5 of this Act, the Secretary of the Interior is authorized to provide sufficient extra capacity and elevation in the Tehama-Colusa Canal to enable future water service to Yolo, Solano, Lake, and Napa Counties for irrigation and other purposes, and to treat the cost of providing such extra capacity as a deferred obligation. The deferred obligation is to be paid under arrangements to be made at such time as the works to serve the additional areas may be authorized as an extension of the Central Valley project. In the event such works are not authorized, the deferred obligation is to be paid from other revenues of the Central Valley project. Approved August 19, 1967.

Public Law 90-66 AN ACT August 19, 1967 To amend section 810 of the Housing Act of 19(>4 to extend for three years the '• ' ^^^^1 fellowship program authorized by such section. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 810 of the Housing Act of 1964 is amended by striking out "three-year period" and inserting in lieu thereof "six-year period". Approved August 19, 1967.

^^ f^g^*-1°^-

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PUBLIC LAW 90-67-AUG. 21, 1967

[81 STAT.

Public Law 90-67 August 21, 1967 AN ACT '• • ^ ' To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and administrative operations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the NationaAero-^ T/m'^e^^ States of America in Congress assembled, That there is Administration hereby authorized to be appropriated to the National Aeronautics Authorization Act, and Space Administration the sum of $4,865,751,000, as follows: ^^RIsearch and i^) For "Researcli and development," for the following programs: development. (1) ApoUo, $2,521,500,000; (2) Apollo applications, $347,700,000; (3) Advanced missions, $2,500,000; (4) Physics and astronomy, $145,500,000; (5) Lunar and planetary exploration, $131,900,000; (6) Voyager, $42,000,000; (7) Bioscience, $41,800,000; (8) Space applications, $99,500,000; (9) Launch vehicle procurement, $157,700,000; (10) Space vehicle systems, $36,000,000; (11) Electronics systems, $39,200,000; (12) Human factor systems, $21,000,000; (13) Basic research, $21,465,000; (14) Space power and electric propulsion systems, $44,000,000; (15) Nuclear rockets, $73,000,000; (16) Chemical propulsion, $41,000,000 of which $3,000,000 is to be used only for the large solid motor project; (17) Aeronautics, $66,800,000; (18) Tracking and datacquisition, $290,000,000; (19) Sustaining university program, $20,000,000; (20) Technology utilization, $5,000,000. faciiuleT''*'"" °^ ^^) ^ ^ ^ "Construction of facilities," including land acquisitions, as ^"^ ^ '^^ follows: (1) Ames Research Center, Moffet Field, California, $5,365,000; (2) Goddard Space Flight Center, Greenbelt, Maryland, $565,000; (3) J e t Propulsion Laboratory, Pasadena, California, $3,125,000; (4) John F. Kennedy Space Center, National Aeronautics and Space Administration, Kennedy Space Center, Florida, $24,885,000; (5) Lewis Research Center, Cleveland and Sandusky, Ohio, $2,115,000; (6) Manned Spacecraft Center, Houston, Texas, $2,425,000; (7) George C. Marshall Space Flight Center, Huntsville, Alabama, $870,000; (8) Michoud Assembly Facility, New Orleans and Slidell, T^uisiana, $2,010,000; (9) Nuclear Rocket Development Station, Nevada, $19,500,000; (10) Wallops Station, Wallops Island, Virginia, $740,000; (11) Various locations, $2,880,000; (12) Facility planning and design not otherwise provided for, $5,500,000. ex^ens'ei^*'^*'"^ (c) For "Administrative operations", $648,206,000. Pr<^gram speci(d) Appropriations for "Research and development" may be used fications. ^1^ fQj. any items of a capital nature (other than acquisition of land) which may be required for the performance of research and develop-

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STAT.]

PUBLIC LAW 90-67-AUG. 21, 1967

169

ment contracts and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and develop- Notice to congressional ment" pursuant to this Act may be used for construction of any major mutVes! comfacility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Administrative operations" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be vised, scientific conbut not to exceed $35,000, for scientific consultations or extraordinarj^ expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) No part of the funds appropriated pursuant to subsection 1(c) for maintenance, repairs, alterations, and minor construction shall be used for the construction of any new facility the estimated cost of which, including collateral equipment, exceeds $100,000. SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1), (2), (3), (4), (5), (6), (T), (8), (9), (10), and (11) of subsection i (b) may, in the discretion of the Administrator of the National Aeronautics and Space Administration, be varied upward 5 per centum to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 per centum of the funds appro- Transfer of priated pursuant to subsection 1(a) hereof may be transferred to the ^""'^^ "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (12) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion

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 170 Report to cong r e s s i o n a l committees.

U s e of funds, restrictions.

Notice to cong r e s s i o n a l committee s.

Geographical distribution of funds.

Aerospace Safety Advisory Panel.

Compensation; travel e x p e n s e s.

80 Stat. 498, 499. 5 USC 57015708. 80 Stat. 506.

PUBLIC LAW 90-67-AUG. 21, 1967

[81 STAT.

of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification,, (2) the cost thereof including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 4. Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Astronautics or the Senate Committee on Aeronautical and Space Sciences, (2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 5. I t is the sense of Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 6. There is hereby established an Aerospace Safety Advisory Panel consisting of a maximum of nine members who shall be appointed by the Administrator for terms of six years each. The Panel shall review safety studies and operations plans referred to it and shall make reports thereon, shall advise the Administrator with respect to the hazards of proposed or existing facilities and proposed operations and with respect to the adequacy of proposed or existing safety standards and shall perform such other duties as the Administrator may request. One member shall be designated by the Panel as its Chairman. Members of the Panel who are officers or employees of the Federal (jovernment shall receive no compensation for their services as such, but shall be allowed necessary travel expenses (or in the alternative, mileage for use of privately owned vehicles and a per diem in lieu of subsistence not to exceed the rates prescribed in 5 U.S.C. 5702, 5704), and other necessary expenses incurred by them in the performance of duties vested in the Panel, without regard to the provisions of subchapter I, chapter 57 of title 5 of the United States Code, the Standardized Government Travel Regulations, or 5 U.S.C. 5731. Members of

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PUBLIC LAW 90-69-AUG. 21, 1967

the Panel appointed from outside the Federal Government shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Panel in addition to reimbursement for travel, subsistence, and other necessary expenses in accordance with the provisions of the foregoing sentence. Not more than four such members shall be chosen from among the officers and employees of the National Aeronautics and Space Administration. SEC. 7. This Act may be cited as the "National Aeronautics and Space Administration Authorization Act, 1968." Approved August 21, 1967.

171

Short title.

Public Law 90-68 AN ACT For the relief of the village of Brooklyn Center, Minnesota.

>Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the village of Brooklyn Center, Minnesota, the sum of $2,036.62. The payment of such sum shall be in full settlement of all claims of the village of Brooklyn Center, Minnesota, against the United States for reimbursement for onehalf of the cost of certain civil defense alerting monitors and tone signaling equipment which were purchased by the village during the year 1963 in reliance on an assurance by civil defense officials that such reimbursement would be made. No part of this amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved August 21, 1967.

August 21, 1967 [H. R. 4496]

Brooklyn Center, Minnesota. Relief.

Public Law 90-69 AN ACT To authorize the appropriation of funds to carry out the activities of the Federal Field Committee for Development Planning in Alaska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, There is authorized to be appropriated not to exceed $300,000 in any one fiscal year ending June 30, 1968, and for each fiscal year thereafter through the fiscal year ending June 30, 1970, for the operating expenses of the Federal Field Committee for Development Planning in Alaska, established by Executive Order 11182, dated October 2, 1964 (F.R. Doc. 64-10178), as authorized by section 5 of the 1964 amendments to the Alaska Omnibus Act (Public Law 88-451, August 19, 1964, 78 Stat. 505), or the successor to such Committee. Approved August 21, 1967.

August 21, 1967 [S. 1281]

Alaska. Development planning appropriation.

3 CFR 1964 Supp., p. 194. 48 USC prec. 21 note.

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PUBLIC LAW 90-70-AUG. 21, 1967

[81 STAT.

Public Law 90-70 August 21, 1967 [S. J. R e s. 10]

Golden Spike Centennial C e l e bration Commission.

Employment of personnel. 63 Stat. 954. 5 USC 5101 et seq.

Donations of money, property, etc.

Expenditures.

Report to Congress. Termination date.

JOINT RESOLUTION To establish the Golden Spike Centennial Celebration Commission.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is established a commission to be known as the Golden Spike Centennial Celebration Commission, which shall be composed of thirteen members as follows: (1) Four Members of the Senate to be appointed by the President of the Senate; (2) Four Members of the House of Representatives to be appointed by the Speaker of the House of Representatives; and (3) Five members to be appointed by the President of the United States. (b) The President shall, at the time of appointment, designate one of the members appointed by him to serve as chairman and executive officer. The members of the Commission shall receive no salary by reason of their services as members, but the executive officer may reimburse them for reasonable and necessary expenses incurred by them in conducting Commission business. (c) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 2. The functions of the Commission shall be to develop and execute suitable plans for the celebration of the one hundredth anniversary of the completion on May 10, 1869, of the first transcontinental railroad across the United States. SEC. 3. The Commission may employ, without regard to the civil service laws or the Classification Act of 1949, such employees as may be necessary in carrying out its functions: Provided, That no employee whose position would be subject to the Classification Act of 1949, as amended, if said Act were applicable to such position, shall be paid a salary at a rate in excess of the rate payable under said Act for positions of equivalent difficulty or responsibility. Such rates of compensation may be adopted by the Commission as may be authorized by the Classification Act of 1949, as amended, as of the same date such rates are authorized for positions subject to said Act. The Commission shall make adequate provision for administrative review of any determination to dismiss any employee. SEC. 4. (a) The Commission is authorized to accept donations of money, property, or personal services; to cooperate with the Golden Spike Centennial Commission established by the Legislature of the State of Utah, and any other agencies of State and local governments, with patriotic and historical societies, with institutions of learning, and with representatives of the railroads; and to call upon other Federal departments or agencies for their advice and assistance in carrying out the purposes of this joint resolution. The Commission, to such extent as it finds to be necessary, may procure supplies, services, and property and make contracts, and may exercise those powers that are necessary to enable it to carry out efficiently and in the public interest the purposes of this joint resolution. (b) Expenditures of the Commission shall be paid by the executive officer of the Commission, who shall keep complete records of such expenditures and who shall account for all funds received by the Commission. A report of the activities of the Commission, including an accounting of funds received and expended, shall be furnished by the Commission to the Congress on or before its termination. The Commission shall terminate upon completion of its duties but in no event later than December 31, 1969.

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 81

STAT.]

PUBLIC LAW 90-72-AUG. 27, 1967

(c) Any property acquired by the Commission remaining upon termination of the celebration may be used by the Secretary of the Interior for purposes of the national park system or may be disposed of as surplus property. The net revenues, after payment of Commission expenses, derived from Commission activities, shall be deposited in the Treasury of the United States. (d) Mail matter sent by the Commission as penalty mail or franked mail shall be accepted for mail subject to section 4156 of title 39, United States Code, as amended. Approved August 21, 1967.

173 surplus property ^^^°^^ •

"^^^ ^4 Stat. 661.

Public Law 90-71 AN ACT

August 21, 1967

To declare that the United States holds in trust for the Indians of the Battle Mountain Colony certain lands which are used for cemetery purposes.

^^- ^^°^^

Be it enacted by the Senate and H(Mse of Representatives of the United States of America in Congress assembled, That all of the right, Indians,coion ^.^ Battle title, and interest of the United States in the following described LTnds"in trusf. public domain land located in the State of Nevada are hereby declared to be held by the United States in trust for the Indians of the Battle Mountain Colony: Township 32 north, range 44 east. Mount Diablo base and meridian, section 13, west half southeast quarter northw^est quarter northeast quarter, containing 5 acres, plus a right-of-way for access purposes across the west 33 feet of the northeast quarter northwest quarter northeast quarter of said section 13. Township 32 north, range 45 east. Mount Diablo base and meridian, section 18, north half northwest quarter southwest quarter northeast quarter, southwest quarter, containing li/4 acres, plus a right-of-way for access purposes across the west 33 feet of the south half northw^est quarter southw'est quarter northeast quarter southwest quarter, southwest quarter southwest quarter northeast quarter southwest quarter, and southeast quarter southwest quarter of said section 18. 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 con- 25 USC 70a. veyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved August 21, 1967.

Public Law 90-72 AN ACT

To authorize the Secretary of the Interior to construct, operate, and maintain the San Felipe division, Central Valley project, California, and for other purposes.

August 27, 1967

i^^- ^^^^^

Be it enacted by the Senate and House of Representatives of the Central Valley United States of America in Congress assembled, That, for the purposes project, Calif. of providing irrigation and municipal and industrial water supplies, s'an"F^eUpe^dlviconserving and developing fish and wildlife resources, enhancing out- ^i""door recreation opportunities and other related purposes, the Secretary of the Interior acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat, 388, and Acts amendatory thereof or 43 USC 37 1 supplementary thereto), is authorized to construct, operate, and main- note.

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 174

Fish and wildlife resources and recreation. 16 USC 460^-12 note.

Local interests.

70 Stat. 524. 43 USC 423e.

63 Stat. 1051. 7 USC 1421 note. 62 Stat. 1251. 7 USC 1301. Appropriation.

PUBLIC LAW 90-72-AUG. 27, 1967

[81 STAT.

tain, as an addition to, and an integral part of, the Central Valley project, California, the San Felipe division. The principal works of the division shall consist of the Pacheco tunnel, pumping plants, power transmission facilities, canals, pipelines, regulating reservoirs, and distribution facilities. No facilities shall be constructed for electric transmission and distribution service which the Secretary determines, on the basis of an offer of a firm fifty-year contract from a local public or private agency, can through such a contract be obtained at less cost to the Federal Government than by construction and operation of Government facilities. SEC. 2. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the San Felipe division shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 3. The Secretary may contract with the State of California for the delivery through facilities of the State water project to the San Luis forebay reservoir of all or any part of the water of the Central Valley project assigned to the San Felipe division. SEC. 4. I n locating and designing the works and facilities authorized for construction by this Act, and in acquiring or withdrawing any lands as authorized by this Act, the Secretary shall give due consideration to reports prepared by the State of California on the California water plan, and shall consult with local interests who may be affected by the construction and operation of said works and facilities or by the acquisition or withdrawal of lands, through public hearings or in such manner as in his discretion may be found best suited to a maximum expression of the views of such local interests. SEC. 5. I n view of the special circumstances of the San Felipe division, neither the provisions of the third sentence of section 46 of the Act of May 25, 1926 (44 Stat. 636,649) nor any other similar provision of the Federal reclamation laws shall be applicable in the south and north Santa Clara subareas so long as the water utilized on project lands is acquired by pumping from the underground reservoir. SEC. 6. For a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938^ as amended, unless the Secretary of Agriculture calls for an increase m production of such commodity in the interest of national security. SEC. 7. There are hereby authorized to be appropriated for construction of the new works involved in the San Felipe division $92,380,000 (October 1966 prices), plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes and, in addition thereto, such sums as may be required to operate and maintain said division. Approved August 27, 1967.

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 81 STAT.]

PUBLIC LAW 90-73-AUG. 29, 1967

175

Public Law 90-73 AN ACT To provide for the withdrawal of wine from bonded wine cellars without payment of tax when rendered unfit for beverage use, 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) section 5362. of the Internal Revenue Code of 1954 (relating to removal of wine from bonded wine cellars) is amended by adding at the end thereof the following new subsection:

August 29, 1967 [H. R. 1282]

Taxes. Wine unfit for beverage u s e, taxfree withdrawal. 72 Stat. 1380. 26 USC 5362.

" (d) WITHDRAWAL FREE or TAX OF W I N E AND W I N E PRODUCTS U N F I T FOR BEVERAGE USE.—Under such regulations as the Secretary or his

delegate may deem necessary to protect the revenue, wine, or wine products made from w'ine, when rendered unfit for beverage use, on which the tax has not been paid or determined, may be withdrawn from bonded wine cellars free of tax. The wine or wine products to be so withdrawn may be treated with methods or materials -which render such wine or wine products suitable for their intended use. No wine or w4ne products so withdrawn shall contain more than 21 percent of alcohol by volume, or be used in the compounding of distilled spirits or Avine for beverage use or in the manufacture of any product intended to be used in such compounding." (b) The amendment made by subsection (a) shall become effective on the first day of the first month which begins 90 days or more after the date of the enactment of this Act. SEC. 2. (a) Section 4918(b) of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following new paragraph: " (3) CERTAIN ACQUISITIONS BY DEALERS.—For purposes of paragraph (1), if the person acquiring the stock or debt obligation is a participating firm acting for its own account and if such participating firm would be entitled to issue a written confirmation referred to in paragraph (1)(B) if it were acting as a broker in effecting such acquisition for the account of a customer, such participating firm shall be treated as having received a written confirmation referred to in paragraph (1)(B) with respect to such acquisition." (b) Section 4918(e) of such Code is amended— (1) by striking out so much of the text of such section as precedes paragraph (1) and inserting in lieu thereof "A participating firm selling, or effecting the sale of, stock of a foreign issuer or a debt obligation of a foreign obligor may issue a written comparison or broker-dealer confirmation, which indicates the exemption for prior American ownership and compliance provided in subsection (a) applies to the acquisition of such stock or debt obligation, only if such participating firm (or another participating firm for which the sale is t^ing effected) has in its possession (except in the case of a sale by a participating firm selling for its own account and in the case of a sale for another participating firm or a participating custodian to which paragraph (4) applies) a statement, upon which such participating finn (or such other participating firm) relies in gooli faith, executed under penalty of perjury by the person making the sale, establishing that such person is a United States person and is the owner of all stock of foreign issuers and debt obligations of foreign obligors carried in the records of such participating firm (or such other participating firm) for the account of such person; and such participating firm (or such other participating firm) either—"; (2) by inserting after "July 14, 1967" in paragraph (^2) the following: ", acquired such stock or debt obligation for its own 85-622 0-68—14

Effective date.

Interest e q u a l i zation tax, prior American ownership, exemption. Ante, p. 149.

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 176

PUBLIC LAW 90-74-AUG. 29, 1967

Ante, p. 175. Ante, p. 152.

"Seller.

Ante,

p. 153.

Ante,

p. 155.

Ante,

p. 156.

Effectivi

[81 STAT.

account, if the exemption for prior American ownership and compliance provided in subsection (a) applied to such acquisition by reason of subsection (b)(3), or"; (3) by striking out "or" at the end of paragraph (6), by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; or", and by inserting after paragraph (7) the following new paragraph: "(8) conditions set forth in regulations prescribed by the Secretary or his delegate are met."; and (4) by adding at the end of such section the following new sentence: "For purposes of paragraphs (2), (3), (5), and (7), the term 'seller' does not include a participating firm selling for its own account." (c) Section 4918(h)(2) of such Code is amended by striking out "it has in its possession a statement, upon which it relies" in the matter preceding subparagraph (A) and inserting in lieu thereof "such participating firm or pa.rticipating custodian (or another participating firm or participating custodian for which the delivery is being effected) has in its possession a statement upon which such participating firm or participating custodian (or such other participating firm or participating custodian) relies". (d) Section 6681(a) of such Code is amended by inserting "or 4918 (h) " after "section 4918(e)". (e) Section 7241(b) of such Code is amended by inserting "or 4918 (h) " after "section 4918(e)". (f) The amendments made by this section (other than by subsections (d) and (e)) shall apply with respect to acquisitions of stock find debt obligations made after July 14, 1967. The amendments made by subsections (d) and (e) shall take effect on the date of the enactment of this Act. Approved August 29, 1967.

Public Law 90-74 August 29, 1967 [H. R. 7362]

Colonial National Historic a l P a r k, Va. Acquisition of property.

49 Stat. 1483. 16 USC 8 If.

AN ACT 'I'o uuthorize the Swivtary of the Interior to acHjuire certain properties within the Colonial National Historical Park, in Yorktown, Virginia, and for other purposes.

Be it enacted by the /Seriate arid House of Representatives of the rnlted States of Amerlra in (Umgre-sH aju^emhled. That, in order to permit acquisition of the Thomas Nelson House, the Edmund Smith House, the.John Ballard House, and the Thomas Pate House, all of which are located within the boundaries of the Colonial National Historical Park on lots numbered 42A, 44 through 55, 84, 85, and 120 through 129, and known as the George Waller Blow Estate, the appropriation authorization in section 4 of the Act of July 3, 1930, as amended (46 Stat. 1490), is amended by deleting "$2,000,000" and substituting'-$2,777,000". Approved August 29, 1967.

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 81 STAT.]

PUBLIC LAW 90-76-AUG. 29, 1967

177

P u b l i c Law 90-75 JOINT RESOLUTION August 29, 1967 MMkiiijr toiitinnhifi; appr(»priafiiis for the tiscal year IIMW. and for <^ther puriyoses. L • J- es. o j

ReHoIred by the Se/nnte and Houj^e of Representative!^ of the United inuing States of Anierkui in ('o7igreii-\ a>i-sembled, That clrtuse (c) of section contii aps, 102 of the joint resolution of June 80, 1&67 (Public Law 90-88), is ""TnT,i o n 98.1968. hereby junended by striking out "'Auf^ust 81, 1967" and insertinj^; in lieu thereof "September 80, 1967'\ Approved August 29, 1967.

Public Law 90-76 AN ACT August 29, 1967 To provide for the disposition of the unclaimed and unpaid share of the Loyal [H. R. 2531] Creek Judgment Fund, and to provide for disposition of estates of intestate members of the Creek Nation of Oklahoma or estates of members of the Creek Nation of Oklahoma dying without heirs. Be it enacted by the Senate and Hoane of Representatives of the United States of America in Congress assembled, That the unclaimed c^reeNa ion of and unpaid share of the funds, and the accrued interest thereon, appro- okiLhoma. priated by chapter X II of the Third Supplemental Appropriation Act, judgment funds. 1952 (66 Stat. 101, 121), in payment of the judgment entered by the Indian Claims Commission in favor of the Loyal Creek Band or Group of Indians et al., docket numbered 1, and which were authorized to be distributed by section 2(c) of Public Law 202, Eighty-fourth Congress (69 Stat. 482), shall be deposited in the Treasury of the United States 25 USC 781. to the credit of the Creek Nation of Indians of Oklahoma. SEC. 2. Funds that are deposited to the Creek Nation pursuant to this Act, including interest and income therefrom, may be advanced or expended for any purpose that is authorized by the principal chief of the Creek Nation and the Secretary of the Interior. SEC. 8. When, upon the final determination of a court having jurisdiction or by decision of the Secretary of the Interior after a period of five years from the death of the decedent, it is determined that a member of the Creek Nation or tribe of Oklahoma or a person of Creek Indian blood has died intestate without heirs, owning trust or restricted Indian lands or an interest therein in Oklahoma, such lands or interests owned, together with all rents and profits occurring therefrom, shall escheat to the Creek Nation of Indians of Oklahoma and be held thereafter in trust for said Indians by the United States. Approved August 29, 1967.

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 PUBLIC LAW 90-77-AUG. 31, 1967

178

[81 STAT.

Public Law 90-77 August 31, 1967 [S. 16]

Veterans' Pension and Readjustment Assistance Act of 1967.

AN ACT To amend title 38 of the United States Code in order to increase the rates of pension payable to certain veterans and their widows, to provide additional readjustment assistance for veterans of service after January 31, 1955, and for other purposes.

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

of the

SHORT TITLE

1. This Act may be cited as the "Veterans' Pension and Readjustment Assistance Act of 1967". SECTION

TITLE I—PENSION BENEFITS E N L A R G I N G W I D O W S ' E L I G I B I L I T Y FOR

72 Stat. 1119; 73 Stat. 435.

72 Stat. 1109.

BENEFITS

SEC. 101. (a) Paragraphs (2) and (3) of sections 302(a),404,532(d), 534 (c), 536 (c), and 541 (e) of title 38, United States Code, are amended to read as follows: " (2) for one year or more; or " (3) for any period of time if a child was born of the marriage, or was born to them before the marriage." (b) Subsection 103(a) of title 38, United States Code, is amended by striking out "cohabitated with him for five or more years immediately before his death," and inserting in lieu thereof "cohabited with him for one year or more immediately before his death, or for any period of time if a child was born of the purported marriage or was born to them before such marriage,". P E R M A N E N T A N D TOTAL DISABILITY AT AGE S IX T Y - F IV E; AID A N D A T T E N D A N C E ALLOWANCE FOR PERSONS I N N U R S I N G H O M E S

72 Stat. 1134.

SEC. 102. (a) Subsection (a) of section 502 of title 38, United States Code, is amended by inserting immediately after "disabled if he is" the following: "sixty-five years of age or older or". (b) Subsection (b) of such section 502 is amended by inserting "(1) a patient in a nursing home or (2) " immediately after "if he is". EXCLUSIONS FROM A N N U A L

73 Stat. 432.

78 Stat. 1094.

INCOME

SEC. 103. (a) Paragraph (7) of section 503 of title 38, United States Code, is amended by inserting immediately after "amounts paid by" the following: "a wife of a veteran for the expenses of his last illness, and by". (b) Paragraph (9) of such section 503 is amended by inserting " (A) " immediately after "amounts paid" and by inserting the following immediately before the semicolon at the end thereof: "or (B) by a widow or a wife of a veteran for the last illness and burial of a child of such veteran".

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 PUBLIC LAW 90-77-AUG. 31, 1967

81 STAT.]

179

J'KNSIOX INCREASES FOR VETERANS OF WORLD WAR I. WORLD WAR 11, AND THE KOREAN CONFLICT

SEC. 104. (a) The table in subsection (b) of section 521 of title 88, ^ ^necte^disa I iiited States Code, is amended to appear as follows: bin"y.''^ 78 Stat. 1094.

"Column I

Column II

Annual income More than —

but

E q u a l to or less than — $600 1,200 1, 800

$600 1, 200

$104 79 45".

(b) The table in subsection (c) of such section.521 is amended to ^^^^^J^l' ""'^^^ ^

'

o 1^

dependents.

appear as lollows: Column II

"Column I

Column III

Column IV

One dependent

Two dependents

Three or more dependents

$109 84 50

$114 84 50

$119 84 50".

Annual income More than—

$1, 000 2,000

but

Equal to or less than — $1, 000 2,000 3,000

(c) Subsection (e) of such section 521 is amended by striking out •-$85" and inserting in lieu thereof "$40".

Housebound veterans. 78 Stat. 1095.

T E N S I O N INCREAS1<:S FOR WIDOWS OF VETERANS OF WARS BEFORE WORLD WAR I

SEC. 105. Sections 531,.532(a)(2), 534(a)(2), and 536(a) of title .•')8, United States Code, are each amended by striking out "$65" and inserting in lieu thereof in each such section "$T0".

^2 Stat. 1137.

T E N S I O N INC^REASES FOR WIDOWS OF VETERANS OF WORLD WAR I, WORLD WAR II, A N D THE KOREAN CONFLICT

SEC. 106. (a) The table in subsection (b) of section 541 of title 38, United States Code, is amended to appear as follows: "Column I

Column II

Annual income More than —

$600 1,200

but

Equal to or less than — $600 1, 200 1,800

$70 51 29".

78 Stat. 1095.

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 180 78 Stat. 1095.

PUBLIC LAW 90-77-AUG. 31, 1967

[81 STAT.

(b) The table in subsection (c) of such section 541 is amended to appear as follows: "Column I

Column II

Annual income More than—

$1, 000 2,000 73 Stat. 4 3 5.

Equal to or but less than— $1, 000 2,000 3,000

$86 67 45".

(c) Subsection (d) of such section 541 is amended by striking out "$15" and inserting in lieu thereof "$16". P E N S I O N INCREASES FOR C H I L D R E N OF DECEASED VETERANS O F WORLD WAR I, WORLD W A R II, A N D THE K O R E A N C O N F L I C T

78 Stat. 1095.

SEC. 107. Subsection (a) of section 542 of title 38, United States Code, is amended by striking out "$38" and "$15" and inserting in lieu thereof "$40" and "$16", respectively. AID A N D A T T E N D A N C E ALLOWANCE FOR WIDOWS PERIODS OF W A R

38 USC 531 et seq.

OF VETERANS

OF A L L

S E C 108. (a) Subchapter III of chapter 15 of title 38, United States Code, is amended by adding at the end thereof the following: "WIDOWS OF VETERANS OF ALL PERIODS OF WAR

"§ 544. Aid and attendance allowance "If any widow is entitled to pension under this subchapter and is in need of regular aid and attendance, the monthly rate of pension payable to her shall be increased by $50." (b) The analysis of such subchapter III, after the heading of such chapter, is amended by adding at the end thereof the following: "Widows of Veterans of All Periods of War "544. Aid and attendance allowance." 73 Stat. 436. 38 USC 521 note.

(c) I f any widow is entitled to pension under the first sentence of section 9(b) of the Veterans' Pension Act of 1959 and is in need ox regular aid and attendance, the monthly rate of pension payable to her shall be increased by $50. THE R A P E U T I C A N D R E H A B I L I T A T IV E D E VI C E S FOR CERTAIN VETERANS

78 Stat. 504.

SEC. 109. Subsection (b) of section 617 of title 38, United States Code, is amended by striking out "to any veteran" and all that follows through the end thereof and inserting in lieu thereof the following: "to any veteran in receipt of pension under chapter 15 of this title based on need of regular aid and attendance." P E N S I O N FOR " O L D L A W " VETERANS W H O ARE H O U S E B O U N D

SEC. 110. The Administrator of Veterans' Affairs shall pay to a veteran who is entitled to pension under the first sentence of section 9 (b) of the Veterans' Pension Act of 1959 and who—

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PUBLIC LAW 90-77-AUG. 31, 1967

181

(1) has, in addition to a disability rated as pennauent and total, additional disability or disabilities independently ratable at 60 per centum or more, or (2) by reason of his disability or disabilities, is permanently housebound but does not qualify for pension based on need of regular aid and attendance, in lieu of the pension otherwise payable to him, a pension at the monthly rate of $100. AID

AND

ATTENDANCE

ALLOWANCE INDIAN WAR VETERANS

AND

SPANISH

AMERICAN

SEC. 111. (a) Section 511(c) of title 38, United States Code, is amended by (1) inserting- "(1)'* immediately before "Any"; (2) inserting ", except as provided in paragraph (2) " immediately before the period at the end thereof; and (3) adding at the end thereof the following: " (2) The Administrator shall pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by iJaragraph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under section 521 of this title if he has elected, or would be payable if he were to elect, to receive pension under such section pursuant to paragraph (1) of this subsection. P^ach change in the amount of pension payment required by this paragraph shall be effective as of the hrst day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor." (b) Section 512(a)(3) of title 38, United States Code, is amended by (1) inserting " (A) " immediately before "Any"; (2) inserting ", except as provided in subparagraph (B) " immediately before the period at the end thereof; and (3) adding at the end thereof the following: " (B) The Administrator shall pay each month to each SpanishAmerican W a r veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (i) that provided by subparagraph (B) of subsection (a)(1) of this section, or (ii) that which is payable to the veteran under section 521 of this title if he has elected, or would be payable if he were to elect, to receive pension under such section pursuant to subparagraph (A) of this paragraph. Each change in the amount of pension payment required by this subparagraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor."

74 Stat. 545.

72 Stat. 1136.

74 Stat. 545.

TITLE II—ADDITIONAL KEADJUSTMENT ASSISTANCE FOE VETERANS DEFINITIONS

SEC. 201. (a) Paragraph (11) of section 101 of title 38, United 72 Stat. 1 107. States Code, is amended to read as follows: "(11) The term 'period of war' means the Spanish-American War, ^11^?^^°'^ °^ World W a r I, World W a r II, the Korean conflict, the Vietnam era, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress." (b) Such section is further amended by adding at the end thereof the the following new paragraph:

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