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Vaults unsafe for use. Order for removal.

Vault or vault opening dangerous to persons or property.

Vault rentals, collection.

PUBLIC LAW 90-596-OCT. 17, 1968

[82

STAT.

expenses to the District in connection with the use or abandonment of said space. SEC. 306. (a) Whenever the Commissioner determines that any vault is unsafe or is not in use, or the space occupied by such vault is required for street improvements, or the construction or extension of sewers, water mains, other public works, or public utility facilities, the Commissioner is authorized to serve upon the owner of property abutting public space occupied by such vault an order requiring such owner to remove m whole or in part, reconstruct, repair, or close such vault by filling, sealing, or otherwise rendering unusable in a manner satisfactory to the Commissioner. The failure or refusal of any such owner to comply with such order of the Commissioner within the time specified in such order shall constitute a violation of this Act. (b) In the event that any owner of property abutting an unused or unsafe vault fails to remove in whole or in part, reconstruct, repair, or close the same b^ filling, sealing, or otherwise rendering unusable in a manner satisfactory to the Commissioner within the time specified by him, the Commissioner is authorized to apply to the District of Columbia Court of General Sessions for, and the said court is hereby authorized to issue, an order empowering the Commissioner to enter upon the property of such owner for the purpose of performing such work as may be necessary in connection with the removal, reconstruction, repair, or closure of such vault, and the District and its officers and employees shall not be liable for any damage to real or personal property which may result from the performance of any such work, other than such damage as may be caused by the gross negligence of the District or of any of its officers or employees. Process in connection with the application for such order shall be served on the owner in accordance with the rules of said court relating to the service of process in civil actions. In the event such owner is not to be found in the District after reasonable search and an affidavit to this effect is made on behalf of the District, such process may be served by publication for one day each week for three consecutive weeks in a newspaper of general circulation in the District, and, if service of process is by publication, a copy of such process and publication shall be sent to such owner by certified mail at his last known address as recorded in the real estate assessment records of the District. SEC. 307. Notwithstanding the provisions of the preceding section, whenever the Commissioner finds that any vault or vault opening is in such condition as to be imminently dangerous to persons or property, he shall immediately notify the owner, agent, or other person in charge of the private property abutting the public space in which such vault or vault opening is located, to cause such vault or vault opening to be made safe and secure. The person or persons so notified shall be allowed until 12 o'clock noon of the day following the service of such notice in which to commence making such vault or vault opening safe and secure: Provided, That in a case where the public safety requires immediate action the Commissioner may enter upon the private property abutting the public space in which such vault or vault opening is located, with such workmen and assistants as may be necessary, and cause such vault or vault opening to be made safe and secure. I n any case in which the Commissioner perf orms any work under the authority of this section, the cost to the District of performing such work shall be charged against the private property abutting the public space in which such vault or vault opening is located, and shall be collected in the manner provided by section 308. SEC. 308. (a) The Commissioner shall take such action as he in his discretion considers necessary or desirable to secure the payment to the District of rents due and payable on vaults; interest on late rental

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1161

payments; the cost of any advertising required by this title; the cost to the District of sealing off, removing in whole or in part, filling, reconstructing, repairing^ or closing a vault or vault opening, or performing any other service in connection therewith; and interest at the rate of 1 per centum per month or part thereof in every case in which payment to the District for the cost of performing work authorized by this title is not made within thirty days after a bill for such cost shall have been rendered. Tax (b) Charges authorized to be made by this title and not paid within againstlevy property. ninety days after the close of the fiscal year in which such charges accrue shall be levied by the Commissioner as a tax against the property abutting the public space in which a vault is located, such tax to be collected as provided in this section. Such tax shall include, without limitation, rents due and payable on vaults, interest on late rental payments, costs for sealing off, removing in whole or in part, filling, repairing, reconstructing, or closing a vault or vault opening, interest on late payments of such costs, and any advertising required by this title. The tax authorized to be levied and collected under this section may be paid without interest within sixty days from the date such tax was levied. Interest of one-half of 1 per centum for each month or part thereof shall be charged on all unpaid amounts from the expiration of sixty days from the date such tax was levied. Any such tax may be paid in three equal installments with interest thereon. If any such tax or part thereof shall remain unpaid after the expiration of two years from the date such tax was levied, the property against which said tax was levied may be sold for such tax or unpaid portion thereof with interest and penalties thereon at the next ensuing annual tax sale in the same manner and under the same conditions as property sold for delinquent general real estate taxes, if said tax with interest and penalties thereon shall not have been paid in full prior to said sale. SEC. 309. (a) The Commissioner is authorized to require that the eas"emenJ'r°i^hTs'^ use of a vault occupied or used under the authority of this Act shall be subject to the condition that the District shall have the right at any time to install or construct under, over, or through said vault any water pipe, gas pipe, sewer, conduit, other pipe, or other public or public utility underground construction that the Commissioner may consider it necessary in the public interest to place in the space occupied by such vault, without compensation to the owner of the private property abutting the space in which such vault is located or to the person occupying or using such val. Each person using or occupying a vault, upon notice from the Commissioner that a water pipe, gas pipe, sewer, conduit, other pipe, or other public or public utility underground construction is to be introduced in the space occupied by such vault, shall commence to move, and forthwith remove, if necessary, any boiler, pipe, wall, beam, machinery, or construction in or pertaining to said vault, or any fixture or other thing therein, without cost to the District, so as to leave a space clear and sufficient in the judgment of the Commissioner for the introduction and maintenance of any such underground construction or installation. The Commissioner is further authorized to require each applicant for a permit to construct a vault in public space, as a condition precedent to the issuance of the permit, to agree for himself and his heirs and assigns that the Commissioner shall have the right to enter upon the premises at any time for the inspection and proper maintenance or repair of any public underground construction or installation in such vault, and that in case there is any change in the street, roadway, or sidewalk above such vault, the vault shall be subject to a corresponding change, as directed by the Commissioner, without expense to the District of Columbia.

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Page:United States Statutes at Large Volume 82.djvu/1204

 1162

Restriction.

PUBLIC LAW 90-596-OCT. 17, 1968

[82 STAT.

(b) In the event a person occupying or using- a vault under the authority of this Act shall fail or refuse to perform or to permit the performance of any work required by the Commissioner under the authority of subsection (a), the Commissioner is authorized to apply to the District of C!olumbia Court of General Sessions for, and said court is hereby authorized to issue, an order empowering the Commissioner to enter upon the private property abutting the public space in which such vault is located for the purpose of performing such work as may be necessary in connection with the construction or installation in such public space of any water pipe, gas pipe, sewer, conduit, other pipe, or other underground construction or installation that the (Commissioner may consider it necessary or desirable to place in such space, and the District and its officers and employees shall not be liable for any damage to real or personal property which may result from the performance of any such work, other than such damage as may be caused by the gross negligence of the District or of any of its officers or employees. Process in connection with the application for such order shall be served on the owner in accordance with the rules of said court relating to the service of process in civil actions. I n the event such owner is not to be found in the District after reasonable search and an affidavit to this effect is made on behalf of the District, such process may be served by publication for one day each week for three consecutive weeks in a newspaper of general circulation in the District, and, if service of process is by publication, a copy of such process and publication shall be sent to such owner by certified mail at his last known address as recorded in the real estate assessment records of the District. The cost to the District of performing such work, including, without limitation, the reasonable cost to the District of securing the court order authorized by this subsection and any advertising in connection therewith, shall be a charge wdiich may be levied by the Commissioner as a tax against the property abutting the public space in which a vault is located, to be collected in the manner authorized by section 308. c^j^,^^ J^J^Q ]\Tothing Contained in this title shall be construed as authorizing the District of Columbia Council to impose a rental charge for the use of any vault abutting real property on which is located a single or two-family dwelling occupied solely for residential purposes, but any such vaiilt shall otherwise be subject to the pro\'isions of this title. TITLE IV-^REGULATIONS, INSURANCE, NOTICE, PENA L T Y, C R E D I T I N G OF R E N T A L P A Y M E N T S, AUTHORIZATION OF APPROPRIATIONS, S E P A R A B I L I T Y PROV I S I O N, C O O R D I N A T I O N AVITH S E C T I O N 2 O F THE ACT O F MAY 31, 1900, AND EFFECTIVE D A T E S

Regulations

gj,^_ ^Q^_ rpj^^ District of Columbia Council after public hearing is authorized to make and promulgate regulations to carry out the purl)oses of this Act. The regulations initially adopted by the Council under the authority of this section to carry out the purposes of title III shall become effective on the effective date of such title, if, not less than ten days prior to such date, the Council lias adopted such regulations and printed a notice of such adoption in a newspaper of general circulation in the District. Otherwise, the regulations adopted by the Council under the authority of this section shall become effective ten days after notice of their adoption has been printed in a newspaper of general circulation in the District. inriTrance^te^uire^^^' ^^^- '^^^® Commissioner shall, in connection with authorizing ment. the use of any public space under the authority of this Act, require the person authorized to use such space, prior to any such use, to

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 82 STAT. ]

PUBLIC LAW 90-596-OCT. 17, 1968

1163

secure a policy of public liability and property damage insurance or other acceptable security providing for such minimum limits of liability as may be required Dy the Commissioner. Any such insurance policy shall include the District and its officers and employees as additional parties insured and shall be cancellable only after thirty days' written notice of such cancellation has been received by the (Commissioner. No such use of public space shall be authorized or continued for any period unless such insurance or other security is maintained in full force and effect during that period. Nothing hereiii contained shall be construed as requiring either the Ignited States or the District to secure a policy of public liability and property damage insurance or other security covering any use of public space by either of the said governments under the authority of this Act. SEC. 403. (a) Any order or notice required by this Act to be served Methods^oi serving shall be deemed to have been served when served by any of the follow- notice. order or ing methods: (1) when forwarded by certified mail to the last known address of the owner as recorded in the real estate assessment records of the District, with return receipt, and such receipt shall constitute prima facie evidence of service upon such owner if such receipt is signed either by the owner or by a person of suitable age and discretion located at such address: Provided, That valid service upon the owner shall be deemed effected (1) if such order or notice shall be refused by the owner and not delivered for that reason; or (2) when delivered to the person to be notified; or (3) when left at the usual residence or place of business of the person to be notified with a jierson of suitable age and discretion then resident or employed therein; or (4) if no such residence or place of business can be found in the District by reasonable search, then if left with any person of suitable age and discretion employed at the office of any agent of the person to be notified, which agent has any authority or duty with reference to the land or tenement to which said order or notice relates; or (5) if any such order or notice forwarded by certified mail be returned for reasons other than refusal, or if personal service of any such order or notice, as hereinbefore provided, cannot be effected, then if published for one day each week for three consecutive weeks in a daily newspaper published in the District: or (6) if by reason of an outstanding unrecorded trjinsfer of title the name of the owner in fact cannot be ascertained beyond a reasonable doubt, then if served on the owner of record in a manner hereinbefore provided. Any order or notice to a corporation shall, for the purposes of this Act, be deemed to have been served on such corporation if served on the president, secretar}^, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore prov]ded for the service of orders or notices on natural persons holding property in their own right; and orders or notices to a foreign corporation shall, for the purposes of this Act, be deemed to have been served if served personally on any agent of such corporation, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual 1)1 ace of business of such agent in the District. (b) In case such order or notice is served by any method other than personal service, notice shall also be sent to the owner by ordinary mail. SEC. 404. Any person who shall violate any provision of this Act shall be punished by a fine not exceeding $300 or by imprisonment for not more than ten days. In addition, such regulations as may be adopted by the District of Columbia Council under the authority of this Act may provide for the imposition of a fine of not more than $300 or imprisonment for not more than ten days for each and every day any public space is used or occupied in a manner or for a purpose specifically prohibited by the said regulations.

Penalty

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Page:United States Statutes at Large Volume 82.djvu/1206

 1164 Deposit of rentals.

Appropriation. Separability.

Effective dates.

PUBLIC LAW 90-597-OCT. 17, 1968

[82 STAT.

SEC. 405. Eent paid for the use of public space under the authority of this Act shall be deposited to the credit of such special funds or general fund of the District in such proportions as the Commissioner shall, in his discretion, determine. SEC. -Ir06. Appropriations to carry out the purposes of this Act are hereby authorized. SEC. 407. If any provision of this Act or of the regulations promulgated under the authority of this Act is held invalid, such invalidity shall not affect other provisions either of this Act or of the said regulations which can be effected without the invalid provisions, and to this end the provisions of this Act and the said regulations are separable. SEC. 408. Nothing contained in this Act shall be construed to affect in any manner the provisions of section 2 of the Act approved May 31, 1900 (31 Stat. 248; I).C. Code, sec. 7-117), with respect to streets heretofore or hereafter dedicated in accordance with the provisions of such .Vet, and to make use of the parking on any such street in accordance with the terms of the fourth proviso of such section 2, relating to the height of parking and the projection of buildings beyond the building line, the District's right-of-way through said parking for sewers and water mains free of cost, and the use of the parking by the District for the constiiiotion of sidewalks. SEC. 409. Titles I and IV of this Act shall take effect on the date of approval of this Act. Title II shall take effect the first day of the first month which occurs more than thirty days after the District of Columbia Council has first adopted and promulgated regulations to carry out the purposes of such title. Title III shall take effect on the 1st day of July which occurs three months or more after the date of approv^al of this Act. Approved October 17, 1968.

Public Law 90-597 October 17, 1968 [ H. R. 17273]

Agua Caliente Reservation, Calif. Guardians, appointments and review.

AN ACT To aineiul the Act of September 21, 1959 (Public Law 8C-339) relating to the Reservation of the Agua Caliente Baud of Mission Indians.

Be it enacted by the Senate and House of RepreHentatweH of the United /States of America in Congu'ess aiHeinbled^ That section 4 of the Act of September 21, 1959 (73 Stat. 604; 25 U.S.C. 954), is amended to read as follows: " (a) No guardian or other fiduciary shall be appointed under State hiw for the esiate of any member of the band, or continued in office, except with approval of the Secretary: Provided, That no conservator for any member of the band shall be appointed under State law or continued in office after the effective date of this Act, unless the indi\idual Indian concerned, with the approval of the Secretary, personally petitions for the appointment or continuation of such appointment. The Secretary shall be given notice of all proceedings in the State court with respect to the estate of any member of the band which is being administered, and he may at any time appear as a party in such proceedings, and may exercise all rights accorded to a party under State law. '"(b) No guardian, conservator or other fiduciary appointed under State law shall, in his official capacity, participate in the management or disposition of any property or interest therein which is held in trust by the United States for a member of the band or is subject to restric-

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 82 STAT. ]

PUBLIC LAW 90-597-OCT. 17, 1968

1165

Uons against alienation imposed by the laws of the United States, execute or approve any use, expenditure, investment, deposit, or dislK)sition of such property or interest therein, or proceeds therefrom, or receive any fee or other comi^ensation for services hereafter performed with respect to such property or interest therein. The provisions of this subsection shall not preclude any such person, in his private capacity, from participating in the management or disposition of such property or interest therein with the specific approval of the Secretary of the Interior. Actions with respect to the use, expenditure, investment, deposit, or disposition of such property or interests therein, or proceeds therefrom, shall be valid and efficacious in all respects without participation of affirmation by any guardian, conservator, or other fiduciary appointed under State law. "(c) The Secretary, at any time, may require any guardian, con- Report. servator, or other fiduciary apix>inted under State law for a member of the band to submit a full and complete report concerning his handling of the estate during the preceding six years. If any person or entity required to do so by the Secretary fails or refuses to so report, or, if having reix)rted, the Secretary concludes that any action connected therewith is fraudulent, or capricious or arbitrary or so grossly erroneous as necessaily to imply bad faith, he may request the Attorney General to cause an action to be brought in the name of the United States in the United States District Court for the Central District of California or in any such district court having jurisdiction over the jjerson, or persons, and subject matter, for such relief as may be appropriate, and said courts are hereb}' granted jurisdiction to hear and determine such action. " (d) The Secretary may require any money or property in the M°ney °r P'OP•

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erty to be held in

possession of a fiduciary at the time the fiduciary relationship is trust. terminated, or which is recovered pursuant to this Act, to be delivered to him to be held in trust for the individual Indian concerned. "(e) ITnder such regulations as he shall provide, and with the consent of the individual Indian concerned, unless the Secretary determines such Indian to be incompetent by reason of minority or otherwise, in which case such consent shall not be required, the Secretary may use, advance, expend, exchange, deposit, dispose of, invest and reinvest, in any manner and for any purpose, any money or other property held by the United States in trust for such Indian. The Secretary shall make no determination that an adult Indian is in- incompetency. competent except after according him an opportunity to be heard upon reasonable notice, in accordance with the provisions of the Administrative Procedure Act, Unless the Indian otherwise agrees, the hearing ^ use ssi et shall be held in the State of California within sixty days of the date ^^'^' of notice. A jjerson aggrieved by a determination of incompetency ^iew*^^''^^^ '^~ made by the Secretary shall be entitled to judicial review of such determination in accordance with sections 701-706 of title 5, United States Code. ^ so Stat. 392. " (f) Nothing herein shall be deemed to limit any authority possessed by the Secretary under any other provisions of law." Approved October 17, 1968.

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PUBLIC LAW 90-598-OCT. 17, 1968

[82 STAT.

Public Law 90-598 October 17, 1968 [S-1246]

AN ACT To authorize the ConiiaiHsioner of the District of (^>liimbia to enter into leases for the rental of, or to use or permit the use of, the space over and under streets and alleys in the District of Columbia, and for other purposes.

Be it enacted by the Senate and UonHe of Representatives of the District of United /States of America in Congrean aHuemhied. That this Act may be spac^ut^iiizati'on c-itecl as the "District of Columbia Public Space Utilization Act". Act. SEC. 2. As used in this Act— Defmitions. ^-|^^ jl^^ t^vui "Commissioner" means the Commissioner of the District of Columbia. (2) The term "District'" means the District of Columbia. (8) The term "airspace" means the space above and below a street or alley under the jurisdiction of the Commissioner. Airspace leases, i^^(._ 3^ j]^g Commissioncr, ill couformity with the comprehensive 1)1 an for the National Capital prepared under section 4 of the National 66 Stat. 785. Capital Planning Act of 1952 (40 U.S.C. 71c), ma;^— (1) enter into leases for the use of airspace in the District to an extent not inconsistent with the use, operation, and maintenance of, any street or alley; (2) use airspace for such public purposes as are authorized by law; (3) enter into agreements with the Federal Government for the purpose of receiving grants or other financial assistance under Federal programs in connection with the construction, use, or operation of any structure in airspace; and (4) enter into agreements with the Federal Government to enable the Federal Government to construct Federal buildings in the space above and below any street or alley, title to which is in the District. Private use g^c. 4. Any IcasB of airspace entered into under this Act shall provisions.

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provide^— (1) that such airspace shall not be used to deprive any real property not owned by the lessee of easements of light, air, and access; (2) for a clearance of at least fifteen feet between the recorded grade of a street or alley and the lowest portion of any structure (other than supporting columns) constructed over such street or alley; (3) that upon the expiration or termination of the lease of airspace the Commissioner may require (at the expense of the lessee or his successor in interest) the removal of any structure constructed or erected in such airspace and the restoration of such airspace to its condition prior to the construction or erection of such structure; (4) that all the rights, duties, terms, conditions, agreements, and covenants set forth and contained in such lease shall run with the abutting real property owned by the lessee and shall apply to the lessee, his heirs, legal representatives, successors, and assignees; (5) that the lessee shall, at his expense, record a copy of the lease in the Office of the Recorder of Deeds of the District of Columbia; (6) for the payment of such rents and fees, and the posting of such bond or such other security, by the lessee, as the Commissioner determines to be necessary or desirable; and (7) for such other terms and conditions as the Commissioner determines to be necessary or desirable.

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PUBLIC LAW 90-598-OCT. 17, 1968

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SEC. 5. The Coniniissioiier may execute a lease of airspace under this conditions. Act if— (1) the lessee of the airspace has a fee simple title to the real property abutting such airspace and the lease is for airspace which lies only within the frontages of such abutting real property which are directly opposite; (2) the Zoning Commission of the District of Columbia, after public hearing and after securing the advice and recommendations of the National Capital Planning Commission, has determined the use to be permitted in such airspace and has established regulations applicable to the use of such airspace consistent with regulations applicable to the abutting privately owned property, including limitations and requirements respecting the height of any structure to be erected in such airspace, offstreet parking and floor area ratios applicable to such structure, and easements of light, air, and access; (3) the lessee has submitted to the Commissioner, for his review and approval, plans, elevations, sections, a description of the texture, material, and method of construction of the exterior walls, and a scale model, of any structure to be erected in such airspace; (4) the Commissioner with respect to any structure proposed to be constructed in an area subject to the Act entitled "An Act to regulate the height, exterior design, and construction of private and semipublic buildings in certain areas of the National Capital", approved May 16, 1930 (D.C. Code, secs. 5-410 and 411), or the ^^ Stat. 356. Act entitled An Act to regulate the height, exterior design, and construction of private and semipublic buildings in the Georgetown area of the National Capital", approved September 22, 1950 (D.C. Code, title 5, ch. 8), has submitted to the Commission of E'!c.*code°5'-80i Fine Arts for its review and recommendations, plans, elevations, to s-so?. sections, a description of the texture, material, and method of construction of the exterior walls, and a scale model, of any such structure; and (5) the Commissioner, with respect to any structure proposed to be constructed over space utilized or to be utilized for the construction and operation of the subway of the Washington Metropolitan Area Transit Authority, has submitted to the Authority for its review and recommendations the plans, elevations, sections, and a scale model of any such structure. SEC. 6. The District shall not pay the cost of any removal or relocation of publicly or privately owned facilities in a street or alley in connection with the construction of a structure in airspace leased under this Act. No such facilities may be removed or relocated unless the Commissioner has approved all arrangements for such removal or relocation. SEC. 7. Zoning laws and regulations and other laws and regulations re ^ulauoni^"^^ ^"'^ applicable to the construction, use, and occupancy of buildmgs and premises, including building, electrical, plumbing, housing, health, and fire regulations, shall be applicable to structures constructed in airspace. SEC. 8. (a) For the purposes of this Act, airspace and structures ta^tfon^""'"' ^"'^ constructed or erected in airspace shall be deemed to be real property and shall be liable to assessment, taxation, and water and sewer service charges by the District from the beginning of the term or period of such lease. For the purposes of real property assessments and taxation, the value of airspace, other than any structure constructed or erected

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Page:United States Statutes at Large Volume 82.djvu/1210

 1168 Exemptions.

56 Stat. 1089. Trust fund account.

Structure

78 Stat. 600. Regulations.

Penalty.

Prosecution. Notice of violation.

PUBLIC LAW 90-598-OCT. 17, 1968

[82 STAT.

in airspace, shall be its fair market value. No tax or assessment shall be levied with respect to airspace or structures in airspace— (1) occupied exclusively by the Federal Government or the District government, or (2) occupied and used by one or more organizations which, under section 1 of the Act entitled "An Act to define the real property exemption from taxation in the District of Columbia", approved after December 24, 1942 (D.C. Code, sec. 47-801a), are exempt from real property taxation. SEC. 9. (a) Except as provided by subsection (b), all collections, including rents and fees, received by the District under this Act shall be deposited in the Treasury of the United States in a trust fund, from which may be paid, in the same manner as is provided by law for other expenditures of the District, such expenditures as are necessary to carry out the purposes of this Act, including necessary expenses connected with the operation, maintenance, and disposition of property coming into the possession of the District by reason of a default under a lease entered into under this Act. The unobligated balance in such trust fund in excess of $100,000 as of the end of any fiscal year shall be deposited in the Treasury to the credit of such special funds or the general fund of the District in such proportions as the Commissioner may determine. (b) Taxes (including payments in lieu of taxes), special assessments, and sanitary sewer and water service charges shall be deposited directly to the respective funds to which such revenues are normally deposited. SEC. 10. If, upon the expiration or termination of a lease of airspace under this Act— (1) the Commissioner determines that any structure constructed or erected in such airspace should be removed or such airspace should be restored to its condition prior to the construction or erection of such structure, and (2) the lessee or his successor in interest, upon the request of the Commissioner, fails, after a reasonable time, to remove such structure or to restore such airspace to its condition prior to the construction or erection of such structure, the Commissioner may remove such structure and restore such airspace. The cost of such removal and restoration shall be assessed sigainst the abutting properties as a tax. Such ta,x shall be collected in the manner prescribed by section 6 of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, and for other purposes", approved March 1, 1899 (D.C- Code, sec.5-506), for the collection of amounts assessed as a tax under that Act. SEC. 11. (a) The District of Columbia Council shall, after public hearing, promulgate such regulations as may be necessary to carry out this Act. (b) Any regulations promulgated under this Act may provide for the imjK>sition of a fine of not more than $800, or imprisonment of not more than ninety days, or both, for any violation of such regulations. Prosecution for violations of such regulations shall be conducted in the name of the District by the Corporation Counsel. (c) The Commissioner shall— (1) give any person violating a regulation promulgated under this Act notice of such violation, and

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PUBLIC LAW 90-598-OCT. 17, 1968

1169

(2) set a date by which such person shall comply with such regulation. Each day after such date during which there is a failure to comply with such regulation shall be a separate offense. (d) The Commissioner may maintain an action in the United States District Court for the District of Columbia to enjoin the continuing violation of any regulation adopted, under the authority of this Act, by the District of Columbia Council or by the Zoning Commission. SEC. 12. The Federal Government and District government are each ^.^^tV^^.^!^'^„^:^' ,

,

,

,

_

Structures, conai""

authorized, without regard to the requirements oi sections 4 through tions for erection. 11 of this Act, to construct any structure in airspace, subject to the following conditions: (1) The government proposing to construct any structure in airspace shall have fee simple title to the real property abutting such real property. (2) The airspace to be occupied by such structure shall be only within the frontages of the real property abutting such airspace which are directly opposite, (3) The airspace to be occupied by such structure shall not be used to deprive any real property, not owned by the Federal Government or District government, of its easements of light, air, or access. (4) The construction of any such structure by the District government across a street or alley, the title to which is in the United States, shall be in accordance with an agreement between the Commissioner and the Attorney General of the United States, subject to such terms and conditions as the Attorney General and the Commissioner agree to include in the agreement. (5) Section 16 of the Act entitled "An Act providing for the zoning of the District of Columbia and regulation of the location, height, bulk, and uses of buildings and other structures and of the uses of land in the District of Columbia, and for other purposes", approved June 20, 1938 (D.C. Code, sec. 5-428), shall apply to 52 Stat. 802. the construction of any structure in such airspace by the Federal Government and, to the extent required by subsection (c) of section 5 of the National Capital Planning Act of 1952 (40 U.S.C. 66 Stat. 787, 7 l d (c)), to the construction of any structure in such airspace by the District government. (6) Plans for the construction of any structure in such airspace by the Federal Government or the District government shall be subject to review by the National Capital Planning Commission in accordance with section 5 of the National Capital Planning Act of 1952 (40 U.S.C. 71d). (7) The construction of any such structure by the Federal Government or the District government shall be subject to the recommendations of the Commission of Fine Arts to the extent required by the Act entitled "An Act to regulate the height, exterior design, and construction of private and semipublic buildings in certain areas of the National Capital", approved May 16, 1930 (D.C. Code, secs. 5-410 and 411), or the Act entitled "An Act ^e Stat. 366. to regulate the height, exterior design, and construction of private and semipublic buildings in the Georgetown area of the National Capital", approved September 22, 1950 (D.C, Code, title 5, chapter 8). 64 Stat, 903, ''

to D.C. Code 5,601 5-807.

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Page:United States Statutes at Large Volume 82.djvu/1212

 1170 Condemned Space.

Capitol Grounds area, exemption.

PUBLIC LAW 96-599-OCT. 17, 1968

[82 STAT.

SEC. lo. If the Federal (xoveniiiient or the District ^overnment brings an action to recover the use of airspace leased under this Act, the government having title to the street or alley over or under which such airspace is located shall pay to the lessee of such airspace the fair market value of the remainder of his leasehold interest in such airspace. If the Federal Government recovers the use of airspace over or under a street to which it has title, the District government shall pay to the P'ederal Government an amount equal to the rents and fees received by the District government for the rental of such airspace or an amount equal to the fair market value of the remainder of the leasehold interest in such airspace, whichever is smaller. SEC. M. This Act siiall not apply to airspace within the area in the District bounded on the north by G Street Northeast and Northwest, on the south by (x Street Southeast and Southwest, on the east by Eleventh Street Northeast and Southeast, and on the west by Third Street Southwest and Northwest. Approved October 17, 1968.

Public Law 90-599 October 17, 1968 [S. 3615]

Port of C a s c a d e L o c k s, Greg. Land c o n v e y ance.

AN ACT To authorize the Secretary of the Army to convey to the port of Cascade Locks, Oregon, a certain interest in lands in the State of Oregon for municipal purposes.

Be it enacted by the Senate and House of Representatives of the United States of America hi Congress assembled, That the Secretary of the Army is authorized and directed to convey by quitclaim deed or other appropriate means to the port of Cascade Locks, Oregon, so much of the right, title, and interest remaining in the United States in and to the following described property as may be necessary to enable the port of Cascade Locks to convey such described property to the city of Cascade Ix)cks, Oregon, for use by such city as a sewage treatment plant site, such property being a part of a tract of land conveyed to the port of Cascade Locks pursuant to the Act of May 28, 1940 (54 Stat. 225), on the condition that such tract be used for municipal park and dock purposes: Beginning at the center of section 12, township 2 north, range 7 east, Willamette meridian, in Hood River County, in the State of Oregon; thence from said center of section north 1,206.^^ feet to a point; thence east 126 feet to a point; thence south 203.5 feet to a point; thence south 41 degrees 15 minutes west 578.6 feet to a point; thence south 29 degrees 30 minutes east 60 feet to a point; thence south 29 degrees 45 minutes west 75 feet to a point; thence south 29 degrees 13 minutes west 58.51 feet to a point; thence south 40 degrees 00 minutes west 135.5 feet to a point; thence south 87 degrees 30 minutes west 100 feet to a point; thence south 34 degrees 15 minutes west 101 feet to a point; thence south 31 degrees 50 minutes west 100 feet to a point; thence south 30 degrees 20 minutes west 100 feet to a point; thence south 30 degrees 10 minutes west 1,090.8 feet to a point; thence north 59 degrees 50 minutes west 130.0 feet to the true point of beginning of the parcel of land herein described, said point being also north 30 degrees 10 minutes east 499.30 feet and north 59 degrees 50 minutes west 130,0 feet from a brass cap mark-

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Page:United States Statutes at Large Volume 82.djvu/1213

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PUBLIC LAW 90-600-OCT. 17, 1968

ing the beginning point of the Indian Fishing Grounds Tract; thence from said true point of beginning by metes and bounds; south 30 degrees 10 minutes west 130.0 feet; thence north 59 degrees 50 minutes west a distance of 79 feet more or less to the water's edge; thence upstream along the water's edge 130 feet more or less to a point that is north 59 degrees 50 minutes west 86 feet more or less from the point of beginning; thence south 59 degrees 50 minutes east 86 feet more or less to the true point of begmning, containing 0.246 acres. SEC. 2. The conveyance authorized by this Act shall be subject to the conditions that (1) the port of Cascade Locks, Oregon, pay to the Secretary of the Army as consideration for the interest conveyed an amount equal to 50 per centum of the fair market value of such interest as determined by the Secretary after appraisal; (2) the port of Cascade Locks, Oregon, agree to convey the property described in the first section of this Act to the city of Cascade Locks, Oregon, for use by such city as a sewage treatment plant site; (3) the city of Cascade Locks, Oregon, enter into an agreement with the Secretary of the Army in which the city of Cascade Locks agrees that such property conveyed to it for a sewage treatment plant site shall be used solely for that purpose and that in the event that such property ceases to be so used, all right, title, and interest therein shall immediately revert to the Ignited States; and (4) the Secretary of the Army may include any additional terms, reservations, and restrictions as he deems necessary for the operation, management, and development of the Bonneville Dam and Reservoir project as may be in the public interest. Approved October 17, 1968.

1171

Conditions.

Public Law 90-600 AN ACT

October 17, 1968

To provide for the striking of medals in commemoration of the one hundred and fiftieth anniversary of the founding of the -city of Memphis.

[H.R. 1736I]

Be it enacted by the Senate and House of Representatives of the I.^n'fted States of America in Congress assembled, That in commemora- 15^0'th'l'nAiler""" tion of the one hundred and fiftieth anniversary of the founding of the ^ary medais. city of Memphis (which anniversary will be celebrated in 1969), the Secretary of the Treasury is authorized and directed to strike and furnish to the Memphis Sesquicentennial Corporation not more than one hundred thousand medals with suitable emblems, devices, and inscriptions to be determined by the Memphis Sesquicentennial Corporation subject to the approval of the Secretary of the Treasury. The medals shall be made and delivered at such times as may be required by the corporation in quantities of not less than two thousand, but no medals shall be made after December 31, 1969. The medals shall be considered to be national medals within the meaning of section 3351 of the Revised Statutes. ^^ ^^^ 3^«SKC. 2. The Secretary of the Treasury shall cause such medals to be struck and furnished at not less than the estimated cost of manufacture; including labor, materials, dies, use of machinery, and overhead expenses; and security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for full payment of such costs. SKC. 3. The medals authorized to be issued pursuant to this Act shall be of such size or sizes and of such metals as shall be determined by the Secretary of the Treasury in consultation with such corporation. Approved October 17, 1968.

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Page:United States Statutes at Large Volume 82.djvu/1214

 1172

PUBLIC LAW 90-601-OCT. 17, 1968

[82 STAT.

Public Law 90-601 AN ACT To promote the economic development of Guam.

October 17, 1968 [S. 1763]

Guam Development Fund Act of 1968.

Be It enacted by the Senate and House of Representatives United States of America in Congress as>iembled.

of the

SHORT TITLE

1. This Act may be cited as the "Guam Development Fund Act of 1968". SECTION

PURPOSE Appropriation.

Plan.

Loans.

Maximum participation in available funds.

Accounting procedures.

SEC.:1. For the purpose of promoting- economic development in the territory of Guam, there is hereby authorized to be appropriated to the Secretary of the Interior to be paid to the government of Guam for the purix)ses of this Act the sum of $5,000,000. SEC. 8. Prior to receiving- any funds pursuant to this Act the government of (hiam shall submit to the Secretary of the Interior a plan for the use of such funds which meets the requirements of this section and is approved by the Secretary. The plan shall designate an agency or agencies of such government as the agency or agencies for the administration of the plan and shall set forth the ix)licies and procedures to be followed in furthering the economic development of Guam through a program which shall include and make provision for loans and loa,n guarantees to promote the development of private enterprise and private industry in Guam through a revolving fund for such purposes: Provided, That the term of any loan made pursuant to the plan shall not exceed twenty-five years; that such loans shall bear interest (exclusive of premium charges for insurance, and service charges, if any) at such rate per annum as is detennined to be reasonable and as approved by the Secretary, but in no event less than a rate equal to the average yield on outstanding marketable obligations of the United States as of the last day of the month preceding the date of the loan, adjusted to the nearest one-eighth of 1 per centum, which rate shall be determined by the Secretary of the Treasury upon the request of the authorized {igency or agencies of the government of Guam; and that premium charges for the insurance and guarantee of loans shall be commensurate, in the judgment of the agency or agencies administering the fund, with expenses and risks covered. SEC. 4. No loan or loan guarantee shall be made under this Act to any applicant who does not satisfy the agency or agencies administering the plan that financing is otherwise unavailable on reasonable terms and conditions. The maximum participation in the funds made available under section 2 of this Act shall be limited (a) so that not more than 25 per centum of the funds actually appropriated by the Congress may be devoted to any single project (b) to 90 per centum of loan guarantee, and (c) with respect to all loans, to that degree of participation prudent under the circumstances of individual loans but directly related to the minimum essential participation necessary to accomplish the purposes of this Act: Provided, That, with respect to loan guarantees, the reserves maintained by the agency or agencies for the guarantees shall not be less than 25 per centum of the guarantee. SEC. 5. The plan provided for in section 8 of this Act shall set forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement, repayment, and accounting for such funds.

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PUBLIC LAW 90-602-OCT. 18, 1968

1173

SEC. G. The Governor of Guam shall make an annual report to the mittano^'con'^^' Secretary of the Interior on the administration of this Act who shall g""^^^tlien forward copies of such reports to the Speaker of the House of Ivepresentatives and the President of the Senate. SKC. 7. The Comptroller General of the United States, or any of Auditing, his duly authorized representatives, shall have access, for the purpose of audit and examination, to the books, documents, papers, and records of the agency, or agencies, of the government of Guam administering the plan that are jjertinent to the funds received under this Act. Approved October 17, 1968.

Public Law 90-602 AN ACT To ameud the Public Health Service Act to provide for the protection of the public health from radiation emissions from electronic products.

October 18, 19 68 [H. R. 10790]

Be it enacted by the Senate and House of llepreHentafives of the United States of America In Congress assembled, troTforHerithTnd Safety Act of 19 68. SHORT TITLE

1. This Act may be cited as the "Radiation Control for Health and Safety Act of 1968-'. SECTION

AMENDMENTS TO PUBIJC HEALTH SERVICE ACT

SEC. 2. Part F of title III of the Public Health Service xVct is gtat! fzt " ' ^ ' ' ' amended— 42 USC 262-263a. (1) by striking out the heading for such part and inserting in lieu thereof the following: ''PART F — L I C E N S I N G or BIOLOGICAL PRODUCTS AND CLINICAL LABORATORIES AND CONTROL OF RADIATION "SUBPART 1—BIOLOGICAL PRODUCTS";

(2) by inserting immediately above the section heading of section 353 the following: "SUBPART 2—CLINICAL LABORATORIES"; and

(3) by adding at the end of such part F the following new subpart: "SUBPART 3—ELECTRONIC PRODUCT RADIATION CONTROL "DECLARATION OF PURPOSE

"SEC. 354. The Congress hereby declares that the public health and safety must be protected from the dangers of electronic product radia-

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Page:United States Statutes at Large Volume 82.djvu/1216

 1174

PUBLIC LAW 90-602-OCT. 18, 1968

[82 STAT.

tion. Thus, it is the purpose of this subpart to provide for the establishment by the Secretary of an electronic product radiation control program which shall include the development and administration of performance standards to control the emission of electronic product radiation from electronic products and the undertaking by public and private organizations of research and investigation into the effects and control of such radiation emissions. "DEFINITIONS

"SEC. 355. As used in this subpart^— "(1) the term 'electronic product radiation' means— " (A) any ionizing or noji-ionizing electromagnetic or particulate radiation, or " (B) any sonic, infrasonic, or ultrasonic wave, which is emitted from an electronic product as the result of the operation of an electronic circuit in such product; "(2) the term 'electronic product' means (A) any manufactured or assembled product which, when in operation, (i) contains or acts as part of an electronic circuit and (ii) emits (or in the absence of effective shielding or other controls would emit) electronic product radiation, or (B) any manufactured or assembled article which is intended for use as a component, part, or accessory of a product described in clause (A) and which when in operation emits (or in the absence of effective shielding or other controls would emit) such radiation; "(3) the term 'manufacturer" means any person engaged in the business of manufacturing, assembling, or importing of electronic products; "(4) the term 'commerce' means (A) commerce between any place in any State and any place outside thereof; and (B) commerce wholly within the District of Columbia; and "(5) the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. "p^LECTRONIC I'ROnUC'J' RADIA'J'ION CONTROL I'ROGRAM

"SEC. 356. (a) The Secretary shall establish and carry out an electronic product radiation control program designed to protect the public health and safety from electronic product radiation. As a part of such program, he shall— "(1) pursuant to section 358, develop and administer performance standards for electronic products; "(2) plan, conduct, coordinate, and support research, development, training, and operational activities to minimize the emissions of and the exposure of people to, unnecessary electronic product radiation;

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Page:United States Statutes at Large Volume 82.djvu/1217

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PUBLIC LAW 90-602-OCT. 18, 1968

" (3) maintain liaison with and receive information from other Federal and State departments and agencies with related interests, professional organizations, industry, industry and labor associations, and other organizations on present and future potential electronic product radiation; "(4) study and evaluate emissions of, and conditions of exposure to, electronic product radiation and intense magnetic fields; "(5) develop, test, and evaluate the effectiveness of procedures and techniques for minimizing exposure to electronic product radiation; and "(6) consult and maintain liaison with the Secretary of Commerce, the Secretary of Defense, the Secretary of Labor, the Atomic Energy Commission, and other appropriate Federal departments and agencies on (A) techniques, equipment, and programs for testing and evaluating electronic product radiation, and (B) the development of performance standards pursuant to section 358 to control such radiation emissions. "(b) In carrying out the purposes of subsection (a), the Secretary is authorized to— "(1)(A) collect and make available, through publications and other appropriate means, the results of, and other information concerning, research and studies relating to the nature and extent of the hazards and control of electronic product radiation; and (B) make such recommendations relating to such hazards and control as he considers appropriate; "(2) make grants to public and private agencies, organizations, and institutions, and to individuals for the purposes stated in paragraphs (2), (4), and (5) of subsection (a) of this section; "(3) contract with public or private agencies, institutions, and organizations, and with individuals, without regard to sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529,41 U.S.C. 5); and "(4) procure (by negotiation or otherwise) electronic products for research and testing purposes, and sell or otherwise dispose of such products. " (c)(1) Each recipient of assistance under this subpart pursuant to grants or contracts entered into under other than competitive bidding procedures shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. "(2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, docu-

1175

Records.

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Page:United States Statutes at Large Volume 82.djvu/1218

 1176

PUBLIC LAW 90-602-OCT. 18, 1968

[82 STAT.

meiits, papers, and records of the recipients that are pertinent to the grants or contracts entered into under this subpart under other than competitive bidding procedures. "STUDIES BY THE SECRETARY

j?eport to Con.

gress.

42 us^c lo'f{ n°te.

42 USC 2^0^21.

ug^,^^ 357. (a) The Secretary shall conduct the following studies, and shall make a report or reports of the results of such studies to the Congress on or before January 1, 1970, and from time to time thereafter as he may find necessary, together with such recommendations for legislation as he may deem appropriate: "(1) A study of present State and Federal control of heaHh hazards from electronic product radiation and other types of ionizing radiation, which study shall include, but not be limited to— " (A) control of health hazards from radioactive materials other than materials regulated under the Atomic Energy Act of 1954; " (B) any gaps and inconsistencies in present controls; " (C) the need for controlling the sale of certain used electronic products, particularly antiquated X-ray equipment, without upgrading such products to meet the standards for new products or separate standards for used products; " (D) measures to assure consistent and effective control of the aforementioned health hazards; "(E!) measures to strengthen radiological health programs of State governments; and " (F) the feasibility of authorizing the Secretary to enter into arrangements with individual States or groups of States to define their respective functions and responsibilities for the control of electronic product radiation and other ionizing radiation; "(2) A study to determine the necessity for the development of standards for the use of nonmedical electronic products for commercial and industrial purposes; and "(3) A study of the development of practicable procedures for the detection and measurement of electronic product radiation w4iich may be emitted from electronic products manufactured or imported prior to the effective date of any applicable standard established pursuant to this subpart. "(b^ In carrying out these studies, the Secretary shall invite the participation of other Federal departments and agencies having related responsibilities and interests, State governments—particularly those of States which regulate radioactive materials under section 274 ^^ th® Atomic Energy Act of 1954, as amended, and interested professional, labor, and nidustrial organizations. Upon request from congressional committees interested in these studies, the Secretary shall keep these committees currently informed as to the progress of the studies and shall permit the committees to send observers to meetings of the study groups. "(c) The Secretary or his designee shall organize the studies and the participation of the invited participants as he deems best. Any dissent from the findings and recommendations of the Secretary shall be included in the report if so requested by the dissenter.

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Page:United States Statutes at Large Volume 82.djvu/1219

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PUBLIC LAW 90-602-OCT. 18, 1968

"rERFORMANCF, STANDARDS FOR ELECTRONIC PRODUCTS

"SEC. 35«. (a)(1) The Scci-etary shall by regulation prescribe performance standards for electronic products to control the emission of electronic product radiation from such products if he determines that such standards are necessary for the protection of the public health and safety. Such standards may include provisions for the testing of such products and the measurement of their electronic product radiation emissions, may I'equire the attachment of warning signs and labels, and may require the provision of instructions for the installation, operation, and use of such products. Such standards may be prescribed from time to time whenever such determinations are made, but the iirst of such standards shall be prescribed prior to January 1, 1970. In the development of such standards, the Secretary shall consult wth Federal and State departments and agencies having related responsibilities or interests and with appropriate professional organizations and interested persons, including representatives of industries and labor organizations which would be affected by such standards, and shall give consideration to— " (A) the latest available scientific and medical data in the field of electronic product radiation; " (B) the standards currently recommended by (i) other Federal agencies having responsibilities relating to the control and measurement of electronic pi-oduct radiation, and (ii) public or private groups having an expertise in the field of electronic product radiation; " (C) the reasonableness and technical feasibility of such standards as applied to a particular electronic product; " (D) the adaptability of such standards to the need for uniformity and reliability of testing and measuring procedures and equipment; and " (E) in the case of a component, or accessory described in paragraph (2)(B) of section 355, the performance of such article in the manufactured or assembled product for which it is designed. "(2) The Secretary may prescribe different and individual performance standards, to the extent appropriate and feasible, for different electronic products so as to recognize their different operating characteristics and uses. "(3) The performance standards prescribed under this section shall not apply to any electronic product which is intended solely for export II (A) such product and the outside of any shipping container used in the export of such product are labeled or tagged to show that such product is intended for export, and (B) such product meets all the applicable requirements oi the country to which such product is intended for export. "(4) The Secretary may by regulation amend or revoke any performance standard i^rescribed under this section. "(5) The Secretary may exempt from the provisions of this section any electronic product intended for use by departments or agencies of the United States provided such department or agency has pre-

1177

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Page:United States Statutes at Large Volume 82.djvu/1220

 1178

PUBLIC LAW 90-602-OCT. 18, 1968

[82 STAT.

scribed procurement specifications governing emissions of electronic product radiation and provided further that such product is of a type used solely or predominantly by departments or agencies of the United States. "(b) The provisions of subchapter II of chapter 5 of title 5 of the United States Code (relating to the administrative procedure for Fus^c^ss'f 701. rulemaking), and of chapter 7 of such title (relating to judicial re' ' view), shall apply with respect to any regulation prescribing, amending, or revoking any standard prescribed under this section. F ^"^"'^l""." *" "(c) Each regulation prescribing, amending, or revoking a standegis er. ^^^^ shall specify the date on which it shall take effect which, in the case of any regulation prescribing, or amending any standard, may not be sooner than one year or not later than two years after the date on which such regulation is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest and publishes in the Federal Register his reason for such finding, in which case such earlier or later date shall apply. Petition for «/(j) n\ jjj g, (.^g^ ^f actual controversy as to the validity of any judicial review,

i j-

•

i

T

,^ •

•

•! •

T

I

regulation issued under this section prescribing, amending, or revoking a performance standard, any person who will be adversely affected by such regulation when it is effective may at any time prior to the sixtieth day after such regulation is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such regulation. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based the regulation, as provided in section 2112 of title 28 of the United States 72 Stat. 941; 80 Stat 1323

62 Stat. 928.

Cwle. v^'-'^^.w.

" (2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendations, if any, for the modification or setting aside of his original regulation, with the return of such additional evidence. "(3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the regulation in accordance with chapter 7 of title 5 of the United States Code and to grant appropriate relief as provided in such chapter. "(4) The judgment of the court affirming or setting aside, in whole or in part, any such regulation of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code. "(5) Any action instituted under this subsection shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office. "(6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law. "(e) A certified copy of the transcript of the record and adminis-

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PUBLIC LAW 90-602-OCT. 18, 1968

1179

trative proceedings under this section shall be furnished by the Secretary to any interested party at his request, and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this subpart, irrespective of whether proceedings with respect to the regulation have previously been initiated or become final under this section. " (f)(1)(A) The Secretary shall establish a Technical Electronic ^^^"^^^J^"^^^^^^^^^^ Product Radiation Safety Standards Committee (hereafter in this sub- a'uon'^safety'istand.^ part referred to as the 'Committee') which he shall consult before pre- a^ds committee. scribing any standard under this section. The Committee shall be appointed by the Secretary, after consultation with public and private agencies concerned with the technical aspect of electronic product radiation safety, and shall be composed of fifteen members each of whom shall be technically qualified by training and experience in one or more fields of science or engineering applicable to electronic product radiation safety, as follows: "(i) Five members shall be selected from governmental agencies, including State and Federal Governments; "(ii) Five members shall be selected from the affected industries after consultation with industry representatives; and "(iii) Five members shall be selected from the general public, of which at least one shall be a representative of organized lal^or. " (B) The Committee may propose electronic product radiation prop^olai.^*^"'^^'^^' safety standards to the Secretary for his consideration. All proceedings of the Committee shall be recorded and the record of each such proceeding shall be available for public inspection. "(2) Members of the Committee who are not officers or employees compensation. of the United States shall, while attending meetings or conferences of the Committee or otherwise engaged in the business of the Committee, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem (including traveltime), and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized in section 5703 of title 5 of the United States Code for ^° ^*^*' '*^^persons in the Government service employed intermittently. Payments under this subsection shall not render members of the Committee offi(^ers or employees of the United States for any purpose. " (g) The Secretary shall review and evaluate on a continuing basis evaitTatl^n^"^ testing programs carried out by industry to assure the adequacy of hafeguards against hazardous electronic product radiation and to assure that electronic products comply with standards prescribed under this section. " (h) Every manufacturer of an electronic product to which is ap- ficatroliT* ''^'"" plicable a standard in effect under this section shall furnish to the distributor or dealer at the time of delivery of such product, in the form of a label or tag permanently affixed to such product or in such manner as approved by the Secretary, the certification that such product conforms to all applicable standards under this section. Such certification shall be based upon a test, in accordance with such standard, of the individual article to which it is attached or upon a testing program which is in accord with good manufacturing practice and which has not been disapproved by the Secretary (in such manner as he shall prescribe by regulation) on the grounds that it does not assure the adequacy of safeguards against hazardous electronic product radiation or that it does not assure that electronic pi-oducts comply with the standards prescribed under this section.

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Page:United States Statutes at Large Volume 82.djvu/1222

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PUBLIC LAW 90-602-OCT. 18, 1968

[82 STAT.

" NOTIFICATION OF DEFECTS I N, AND REPAIR OR REPLACEMENT OP, ELECTRONIC PRODUCTS

359. (a)(1) Every manufacturer of electronic products who discovers that an electronic product produced, assembled, or imported by him has a defect which relates to the safety of use of such product by reason of the emission of electronic product radiation, or that an electronic product produced, assembled, or imported by him on or after the effective date of an applicable standard prescribed pursuant to section 358 fails to comply with such standard, shall immediately notify the Secretary of such defect or failure to comply if such product has left the place of manufacture and shall (except as authorized by paragraph (2)) with reasonable promptness furnish notification of such defect or failure to the persons (where known to the manufacturer) specified in subsection (b) of this section. "(2) If, in the opinion of such manufacturer, the defect or failure to comply is not such as to create a significant risk of injury, including genetic injury, to any person, he may, at the time of giving notice to the Secretary of such defect or failure to comply, apply to the Secretary for an exemption from the requirement of notice to the persons specified in subsection (b). If such application states reasonable grounds for such exemption, the Secretary shall afford such manufacturer an opportunity to present his views and evidence in support of the application, the burden of proof being on the manufacturer. If, after such presentation, the Secretary is satisfied that such defect or failure to comply is not such as to create a significant risk of injury, including genetic injury, to any person, he shall exempt such manufacturer from the requirement of notice to the persons specified in subsection (b) of this section and from the requirements of repair or replacement imposed by subsection (f) of this section. "(b) The notification (other than to the Secretary) required by paragraph (1) of subsection (a) of this section shall be accomplished— "(1) by certified mail to the first purchaser of such product for purposes other than resale, and to any subsequent transferee of such product; and "(2) by certified mail or other more expeditious means to the dealers or distributors of such manufacturer to whom such product was delivered. "(c) The notifications required by paragraph (1) of subsection (a) of this section shall contain a clear description of such defect or failure to comply with an applicable standard, an evaluation of the hazard reasonably related to such defect or failure to comply, and a statement of the measures to be taken to repair such defect. In the case of a notification to a person referred to m subsection (b) of this section, the notification shall also advise the person of his rights under subsection (f) of this section. " (d) Every manufacturer of electronic products shall furnish to the Secretary a true or representative copy oi all notices, bulletins, and other communications to the dealers or distributors of such manufacturer or to purchasers (or subsequent transferees) of electronic products of such manufacturer regarding any such defect in such product or any such failure to comply with a standard applicable to such product. The Secretary shall disclose to the public so much of the information contained in such notice or other information obtained under section 360A as he deems will assist in carrying out the purposes of this subpart, but he shall not disclose any information which contains or relates to a trade secret or other matter referred to in section iQQ^ of fc^tle 18 of the United States Code unless he determines that it is necessary to carry out the purposes of this subpart. ''SEC.

62 Stat. 79 1.

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PUBLIC LAW 9 0 - 6 0 2 - O C T. 18, 1968

"(e) If through testing, inspection, investigation, or research carried out pursuant to this subpart, or examination of reports submitted pursuant to section 360A, or otherwise, the Secretary determines that any electronic product— "(1) does not comply with an applicable standard prescribed pursuant to section 358; or " (2) contains a defect which relates to the safety of use of such product by reason of the emission of electronic product radiation; he shall immediately notify the manufacturer of such product of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the findings are based. The Secretary shall afford such manufacturer an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance or that the alleged defect does not exist or does not relate to safety of use of the product by reason of the emission of such radiation hazard. If after such presentation by the manufacturer the Secretary determines that such product does not comply with an applicable standard prescribed pursuant to section 358, or that it contains a defect which relates to the safety of use of such product by reason of the emission of electronic product radiation, the Secretary shall direct the manufacturer to furnish the notification specified in subsection (c) of this section to the persons specified in paragraphs (1) and (2) of subsection (b) of this section (where known to the manufacturer), unless the manufacturer has applied for an exemption from the requirement of such notification on the ground specified in paragraph (2) of subsection (a) and the Secretary is satisfied that such noncompliance or defect is not such as to create a significant risk of injury, including genetic injury, to any person. "(f) If any electronic product is found under subsection (a) or (e) to fail to comply with an applicable standard prescribed under this subpart or to have a defect which relates to the safety of use of such product, and the notification specified in subsection (c) is required to be furnished on account of such failure or defect, the manufacturer of such product shall (1) without charge, bring such product into conformity with such standard or remedy such defect and provide reimbursement for any expenses for transportation of such product incurred in connection with having such product brought into conformity or having such defect remedied, (2) replace such product with a like or equivalent product which complies with each applicable standard prescribed under this subpart and which has no defect relating to the safety of its use, or (3) make a refund of the cost of such product. The manufacturer shall take the action required by this subsection in such manner, and with respect to such persons, as the Secretary by regulations shall prescribe. " (g) This section shall not apply to any electronic product that was manufactured before the date of the enactment of this subpart. n IMPORTS

"SEC. 360. (a) Any electronic product offered for importation into the United States which fails to comply with an applicable standard prescribed under this subpart, or to which is not affixed a certification in the form of a label or tag in conformity with section 358(h) shall be refused admission into the United States. The Secretary of the Treasury shall deliver to the Secretary of Health, Education, and Welfare, upon the 1 after's request, samples of electronic products which are being imported or offered for import into the United States, giving notice thereof to the owner or consignee, who may have a hearing before the Secretary of Health, Education, and Welfare. If

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it appears from an examination of such samples or otherwise that any electronic product fails to comply with applicable standards prescribed pursuant to section 358, then, unless subsection (b) of this section applies and is complied with, (1) such electronic product shall be refused admission, and (2) the Secretary of the Treasury shall cause the destruction of such electronic product unless such article is exported, under regulations prescribed by the Secretary of the Treasury, within 90 days after the date of notice of refusal of admission or within such additional time as may be permitted by such regulations. ''(b) If it appears to the Secretary of Health, Education, and Welfare that any electronic product refused admission pursuant to subsection (a) of this section can be brought into compliance with applicable standards prescribed pursuant to section 358, final determination as to admission of such electronic product may be deferred upon filing of timely written application by the owner or consignee and the execution by him of a good and sufficient bond providing for the payment of such liquidated damages in the event of default as the Secretary of Health, Education, and Welfare may by regulation prescribe. If such application is filed and such bond is executed the Secretary of Health, Education, and Welfare may, in accordance with rules prescribed by him, permit the applicant to perform such operations with respect to such electronic product as may be specified in the notice of permission. "(c) All expenses (including travel, per diem or subsistence, and salaries of officers or employees of the United States) in connection with the destruction provided for in subsection (a) of this section and the supervision of operations provided for in subsection (b) of this section, and all expenses in connection with the storage, car^aj^o, or labor with respect to any electronic product refused admission pursuant to subsection (a) of this section, shall be paid by the owner or consignee, and, in event of default, shall constitute a lien against any future importations made by such owner or consignee. " (d) It shall be the duty of every manufacturer offering an electronic product for importation into the United States to designate in writing an agent upon whom service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made for and on behalf of said manufacturer, and to file such designation w'ith the Secretary, which designation may from time to time be changed by like writing, similarly filed. Service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made upon said manufacturer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon said manufacturer, and in default of such designation of such agent, service of process, notice, order, requirement, or decision in any proceeding before the Secretary or in any judicial proceeding for enforcement of this subpart or any standards prescribed pursuant to this subpart may be made by posting such process, notice, order, requirement, or decision in the Office of the Secretary or in a place designated by him by regulation. " SEC. 36A. (a) If the Secretary finds for good cause that the methods, tests, or programs related to electronic product radiation safety in a particular factory, warehouse, or establishment in which electronic products are manufactured or held, may not be adequate or reliable, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are thereafter authorized (1) to enter, at reasonable times, any area in such factory, warehouse, or establishment in which the maTiufacturer's tests (or testing programs) required by section 358(h) are carried out, and (2) to in-

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spect, at reasonable times and within reasonable limits and in a reasonable manner, the facilities and procedures within such area which are related to electronic product radiation safety. Each such inspection shall be commenced and completed with reasonable promptness. I n addition to other grounds upon which good cause rnay be found for purposes of this subsection, good cause will be considered to exist in any case where the manufacturer has introduced into commerce any electronic product which does not comply with an apj)Ucable standard prescribed under this subpart and with respect to which no exemption from the notification requirements has been granted by the Secretary under section 359(a)(2) or 359 (e). "(b) Every manufacturer of electronic products shall establish and Records, maintain such records (including testing records), make such reports, and provide such information, as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this subpart and standards prescribed pursuant to this subpart and shall, upon request of an officer or employee duly designated by the Secretary, permit such officer or employee to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer has acted or is acting in compliance with standards prescribed pursuant to this subpart. "(c) Every manufacturer of electronic products shall provide to the Secretary such performance data and other technical data related to safety as may be required to carry out the purposes of this subpart. The Secretary is authorized to require the manufacturer to give such notification of such performance and technical data at the time of original purchase to the ultimate purchaser of the electronic product, as he determines necessary to carry out the purposes of this subpart after consulting with the affected industry. " (d) Accident and investigation reports made under this subpart by any officer, employee, or agent of the Secretary shall be available for US3 in any civil, criminal, or other judicial proceeding arising out of such accident. Any such officer, employee, or agent may be required to testify in such proceedings as to the facts developed in such investigations. Any such report shall be made available to the public in a manner which need not identify individuals. All reports on research projects, demonstration projects, and other related activities shall be public information. " (e) The Secretary or his representative shall not disclose any information reported to or otherwise obtained by him, pursuant to subsection (a) or (b) of this section, which concerns any information which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, except that such ^2 Stat. 791. information may be disclosed to other officers or employees of the Department and of other agencies concerned with carrying out this subpart or when relevant in any proceeding under this subpart. Nothing in this section shall authorize the withholding of information by the Secretary, or by any officers or employees under his control, from the duly authorized committees of the Congress. "(f) The Secretary may by regulation (1) require dealers and distributors of electronic products, to which there are applicable standards prescribed under this subpart and the retail prices of which is not less than $50, to furnish manufacturers of such products such information as may be necessary to identify and locate, for purposes of section 359, the first purchasers of such products for purposes other than resale, and (2) require manufacturers to preserve such information.

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Any regulation establishing a requirement pursuant to clause (1) of the preceding sentence shall (A) authorize such dealers and distributors to elect, in lieu of immediately furnishing such information to the manufacturer, to hold and preserve such information until advised by the manufacturer or Secretary that such information is needed by the manufacturer for purposes of section 359, and (B) provide that the dealer or distributor shall, upon making such election, give prompt notice of such election (together with information identifying the notifier and the product) to the manufacturer and shall, when advised by the manufacturer or Secretary, of the need therefor for the purposes of section 359, immediately furnish the manufacturer with the required information. If a dealer or distributor discontinues the dealing in or distribution of electronic products, he shall turn the information over to the manufacturer. Any manufacturer receiving information pursuant to this subsection concerning first purchasers of products for purposes other than resale shall treat it as confidential and may use it only if necessary for the purpose of notifying persons pursuant to section 359(a). a PROHIBITED ACTS

"SEC. 360B. (a) I t shall be unlawful— " (1) for any manufacturer to introduce, or to deliver for introduction, into commerce, or to import into the United States, any electronic product which does not comply with an applicable standard prescribed pursuant to section 358; " (2) for any person to fail to furnish any notification or other material or information required by section 359 or 360A; or to fail to comply with the requirements of section 359(f); "(3) for any person to fail or to refuse to establish or maintain records required by this subpart or to permit access by the Secretary or any of his duly authorized representatives to, or the copying of, such records, or to permit entry or inspection, as required by or pursuant to section 360A; "(4) for any person to fail or to refuse to make any report required pursuant to section 360A(b) or to furnish or preserve any information required pursuant to section 360A(f); or "(5) for any person (A) to fail to issue a certification as required by section 358(h), or (B) to issue such a certification when such certification is not based upon a test or testing program meeting the requirements of section 358(h) or when the issuer, in the exercise of due care, would have reason to know that such certification is false or misleading in a material respect. "(b) The Secretary may exempt any electronic product, or class thereof, from all or part of subsection (a), upon such conditions as he may find necessary to protect the public health or welfare, for the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security. u ENFORCEMENT

"SEC. 360C. (a) The district courts of the United States shall have jurisdiction, for cause shown, to restrain violations of section 36013 and to restrain dealers and distributors of electronic products from selling or otherwise disposing of electronic products which do not conform to an applicable standard prescribed pursuant to section 358

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except when such products are disposed of by returning them to the distributor or manufacturer from whom they were obtamed. The district courts of the United States shall also have jurisdiction in accordance with section 1355 of title 28 of the United States Code to enforce the provisions of subsection (b) of this section. " (b)(1) Any person who violates section 360B shall be subject to a civil penalty of not more than $1,000. For purposes of this subsection, any such violation shall with respect to each electronic product involved, or with respect to each act or omission made unlawful by section 360B, constitute a separate violation, except that the maximum civil penalty imposed on any person under this subsection for any related series of violations shall not exceed $300,000. "(2) Any such civil penalty may on application be remitted or mitigated by the Secretary. I n determining the amount of such penalty, or whether it should be remitted or mitigated and in what amount, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of such penalty, when finaPy determined, may be deducted from any sums owing by the United States to the person charged. "(c) Actions under subsections (a) and (b) of this section may be brought in the district court of the United States for the district wherein any act or omission or transaction constituting the violation occurred, or in such court for the district where the defendant is found or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. " (d) Nothing in this subpart shall be construed as requiring the Secretary to report for the institution of proceedings minor violations of this subpart whenever he believes that the public interest will be adequately served by a suitable written notice or warning. "(e) Except as provided in the first sentence of section 360F, compliance with this subpart or any regulations issued thereunder shall not relieve any person from liability at common law or under statutory law. (f) The remedies provided for in this subpart shall be in addition to and not in substitution for any other remedies provided by law.

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"ANNUAL REPORT

"SEC. 360D. (a) The Secretary shall prepare and submit to the grills'!'''*'° *^'°"" President for transmittal to the Congress on or before April 1 of each year a comprehensive report on the administration of this subpart for the preceding calendar year. Such report shall include— "(1) a thorough appraisal (including statistical analyses, estimates, and long-term projections) of the incidence of biological injury and effects, including genetic effects, to the population resulting from exposure to electronic product radiation, with a breakdown, insofar as practicable, among the various sources of such radiation; "(2) a list of Federal electronic product radiation control standards prescribed or in effect in such year, with identification of standards newly prescribed during such year; "(3) an evaluation of the degree of observance of applicable standards, including a list of enforcement actions, court deci-

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sions, and compromises of alleged violations by location and company name; "(4) a summary of outstanding problems confronting the administration of this subpart in order of priority; " (5) an analysis and evaluation of research activities completed as a result of Government and private sponsorship, and technological progress for safety achieved during such year; "(6) a list, with a brief statement of the issues, of completed or pending judicial actions under this subpart; "(7) the extent to which technical information was disseminated to the scientific, commercial, and labor community and consumer-oriented information was made available to the public; and "(8) the extent of cooperation between Government officials and representatives of industry and other interested parties in the implementation of this subpart including a log or summary of meetings held between Government officials and representatives of industry and other interested parties. "(b) The report required by subsection (a) shall contain such recommendations for additional legislation as the Secretary deems necessary to promote cooperation among the several States in the improvement of electronic product radiation control and to strengthen the national electronic product radiation control program. uFEDERAL-STATE COOPERATION

"SEC. 860E. The Secretary is authorized (1) to accept from State and local authorities engaged in activities related to health or safety or consumer protection, on a reimbursable basis or otherwise, any assistance in the administration and enforcement of this subpart which he may request and which they may be able and willing to provide and, if so agreed, may pay in advance or otherwise for the reasonable cost of such assistance, and (2) he may, for the purpose of conducting examinations, investigations, and inspections, commission any officer or employee of any such authority as an officer of the Department. uEFFECT ON STATE STANDARDS

"SEC. 360F. Whenever any standard prescribed pursuant to section 358 with respect to an aspect of performance of an electronic product is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, any standard which is applicable to the same aspect of performance of such product and which is not identical to the Federal standard. Nothing in this subpart shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a requirement with respect to emission of radiation from electronic products procured for its own use if such requirement imposes a more restrictive standard than that required to comply with the otherwise applicable Federal standard." DEFINITIONS

SEC. 3. As used in the amendments made by section 2 of this Act, except when otherwise specified, the term "Secretary" means the Secretary of Health, Education, and Welfare, and the term "Department" means the Department of Health, Education, and Welfare.

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N O N I N T E R r E R E N C E W I T H OTHER FEDERAL A G E N C I E S

SEC. 4. The amendments made by section 2 of this Act shall not be construed as superseding or limiting the functions, under any other provision of law, of any officer or agency of the United States. Approved October 18, 1968.

Public Law 90-603 AN ACT To amend title 37, United States Code, to clarify the conditions under whieh physicians and dentists who extend their service on active duty in a uniformed service may be paid continuation pay.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 311 (a)(2) of title 37, United States Code, is amended to read as follows: "(2) has completed his initial active duty obligation; and". SEC. 2. The amendment made by this Act becomes effective as of January 1, 1968. Approved October 18, 1968.

October 18, 1968 [S.4158]

Armed Forces. P h y s i c i a n s and d e n t i s t s, duty extension. 81 Stat. 6 5 1. Effective date.

Public Law 90-604 AN ACT To authorize the disposal of magnesium from the national stockpile.

Be it enacted by the Senate and House of Rep'reseritatives of the United States of America in Congress a^senMed, That the Administrator of General Services is hereby authorized to dispose of, by negotiation or otherwise, approximately fifty-five thousand short tons of magnesium now held in the national stockpile established pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 90-98h). Such disposition may be made without regard to the provisions of section 3 of the Strategic and Critical Materials Stock Piling Act: Provided, That the time and method of disposition shall be fixed with due regard to the protection of the United States against avoidable loss and the protection of producers, processors, and consumers against avoidable disruption of their usual markets. Approved October 18, 1968.

October 18, 19 68 [H. R. 5785]

Magnesium. Disposal.

60 Stat. 596. 50 USC 98 note.

Public Law 90-605 AN ACT To amend the Act of August 9, 1955, relating to certain common carrier operations in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act entitled "An Act to provide for the regulation of fares for the transportation of schoolchildren in the District of Columbia", approved August 9, 1955 (D.C. Code, sec. 44-214a), is amended to read a.s follows: "SEC. 2. I n the case of any common carrier required to furnish transportation to schoolchildren at a reduced fare under this Act, the Wash-

October 18, 1968 [H. R. 18248]

D.C. Schoolchildren, fares. 76 Stat. 113.

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