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Page:United States Statutes at Large Volume 82.djvu/1175

 82 STAT. ]

PUBLIC LAW 90-580-OCT. 17, 1968

SEC. 518. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers' Training Corps. SEC. 519. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the suppjort of the United States forces in such areas without specific appropriation therefor. In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such a^ncies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided, That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Bureau of the Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 520. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned. SEC. 521. No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses for off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 522. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division. Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. SEC. 523. No part of any appropriation contained in this Act shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles) not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yam for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States

1133 Obligated funds,1969.

U s e of foreign real property.

Report to Congress and Budget Bureau.

Research and development funds. 70A Stat. 134.

Tuition payments, etc., restriction.

ROTC, loyalty requirements.

Procurement restrictions.

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Page:United States Statutes at Large Volume 82.djvu/1176

 1134

Bakery, laundry f a c i l i t i e s.

Airmail, reimbursement.

Furnishings, automobiles, purchase.

81 Stat. 206. Ammunition, transfer.

T r a v e l expenses.

Congressional l i a i s o n activities.

Civil reserve air fleet.

PUBLIC LAW 90-580-OCT. 17, 1968

[82 STAT.

or its possessions: Provided further, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 524. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or dry-cleaning facility in the United States, its Territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. SEC. 525. During the current fiscal year, appropriations of the Department of Defense shall be available for reimbursement to the Post OiRce Department for payment of costs of commercial air transportation of military mail between the United States and foreign countries. SEC. 526. Appropriations contained in this Act shall be available for the purchase of household furnishings, house trailers (for the purpose of relieving unusual individual losses occasioned by the relocation of personnel from installations in France), and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 527. During the current fiscal year, appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508). SEC. 528, During the current fiscal year, the Secretary of Defense shall, upon requisition of the National Board for the Promotion of llifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the Board ammunition from stock or which has been procured for the purpose in such amounts as he may determine. Such appropriations of the Department of Defense available for obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the reserve components, and members of the Reserve Officers' Training Corps attending regional, national, or international rifle matches. SEC. 529. Funds provided in this Act for congressional liaison activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $950,000: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 530. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of

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Page:United States Statutes at Large Volume 82.djvu/1177

 82 STAT. ]

PUBLIC LAW 90-580-OCT. 17, 1968

1135

Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil air fleet. SEC. 531. Not less than $7,500,000 of the funds made available in sea transportation. this Act for travel expenses in connection with temporary duty and permanent change of station of civilian and military personnel of the Department of Defense shall be available only for the procurement of commercial passenger sea transportation service on American-flag vessels. SEC. 532. During the current fiscal year, appropriations available to. civiuan cioththe Department of Defense for operation may be used for civilian i n g. clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 533. No part of the funds appropriated herein shall be available Defense contractors. for paying the costs of advertising by any defense contractor, except "Advertising advertising for which payment is made from profits, and such adv^er- c o s t s, protising shall not be considered a part of any defense contract cost. The hibition. prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by that contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract. SEC. 534. Funds appropriated in this Act for maintenance and repair re^t^i^t^on^^'"^^' of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $25,000: Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section. SEC. 535. During the current fiscal year, the Secretary of Defense, ^i^^^^^l"^. •» 1

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funds,

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may, it he deems it vital to the security or the United States and in the national interest to further improve the readiness of the Armed Forces, including the reserve components, transfer under the authority and terms of the Emergency F u n d an additional $200,000,000: Provided, That the transfer authority made available under the terms of the Emergency F u n d appropriation contained in this Act is hereby broadened to meet the requirements of this section: Provided further, That the Secretary of Defense shall notify Congress promptly of all Report to transfers made pursuant to this authority. congress. SEC. 536. None of the funds appropriated in this Act may be used Contract pay,

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to make payments under contracts tor any program, project, or activ- countries. ity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.

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Page:United States Statutes at Large Volume 82.djvu/1178

 1136 Vietnamese forces, e t c., support.

Report to Congress.

Working capital funds. 76 Stat. 521.

Payments prohibited to convicted rioters.

Loans and grants, prohibition.

Federal employees limitation exception. Ante, p. 270.

Ante, p. 270.

Short title.

PUBLIC LAW 90-580-OCT. 17, 1968

[82 STAT.

SEC. 537. (a) Appropriations available to the Department of Defense during the current jfiscal year shall be available for their stated purposes to support: (1) Vietnamese and other free world forces in Vietnam; (2) local forces in Laos and Thailand; and for related costs, on such terms and conditions as the Secretary of Defense may determine. (b) Within thirty days after the end of each quarter, the Secretary of Defense shall render to Congress a report with respect to the estimated value by purpose, by country, of support furnished from such appropriations. SEC. 538. (a) During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may b© made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Bureau of the Budget. SEC. 539. No part of the funds appropriated under this Act shall be used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. SEC. 540. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan or a grant to any applicant who has been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies. SEC. 541. Effective on the date of enactment of this Act— (1) The provisions of section 201 of the Revenue and Expenditure Control Act of 1968 shall not apply with respect to those employees of the Department of Defense in positions established after June 30, 1966, in support of Southeast Asia operations and scheduled for abolition on termination of those operations: Provided, That this paragraph shall apply to not more than one hundred and fifty thousand of such employees: Provided further, That this paragraph shall apply only to those employees stationed in the Southeast Asia Theater of Operations. (2) I n applying the provisions of such section to the departments and agencies in the executive branch those employees (not exceeding one hundred and fifty thousand) covered by (1) above shall not be taken into account. (3) Notwithstanding the provisions of section 201(a) of the Revenue and Expenditure Control Act of 1968, employment in temporary and part-time positions in the Department of Defense may be programed on an annual basis in an average number not exceeding the average number of such employees during 1967. SEC. 542. This Act may be cited as the "Department of Defense Appropriation Act, 1969". Approved October 17, 1968.

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Page:United States Statutes at Large Volume 82.djvu/1179

 82 STAT. ]

PUBLIC LAW 90-581-OCT. 17, 1968

1137

Public Law 90-581 AN ACT

October 17, 1968

Making appropriations for Foreign Assistance and related agencies for the fiscal [H.R. 19908] year ending June 30, 1969, and for other purposes. Be it enacted by the Senate and House of Representatives of the Foreign AssistUnited States of America in Congress assembled, That the following ance and Related sums are appropriated, out of any money in the Treasury not other- A^gen^iTs Ap'prJwise appropriated, for Foreign Assistance and related agencies for the priation Act, 1959 fiscal year ending June 30, 1969, and for other purposes, namely: TITLE I—FOREIGN ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, as amended, to remain •

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•

^^ ^*^*- '*24. 00 USC 91^1

available until June 30, 1969, unless otherwise specified herein, as note. follows: ECONOMIC ASSISTANCE

Technical cooperation and development grants: For expenses authorized by section 212, $167,000,000: Provided, That no part of this Anfe, p. 960. appropriation shall be used to initiate any project or activity which has not been justified to the Congress. American schools and hospitals abroad: For expenses authorized by section 214(c), $14,600,000. _ American schools and hospitals abroad (special foreign currency program): For assistance authorized by section 214(d), $5,100,000 in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States. International organizations and programs: For expenses authorized by section 302(a), $125,000,000: Provided, That the President shall Ante, _ 962. , _ _ p. to Assistance seek to assure that no contribution to the United Nations Development cub"a7restriction. Program authorized by the Foreign Assistance Act of 1961, as amended, shall be used for projects for economic or technical assistance to the Government of Cuba, so long as Cuba is governed by the ('astro regime: Provided further, That no part of this appropriation shall be used to initiate any project, activity, or program which has not been justified to the Congress. International organizations and programs: For expenses authorized by section 302(d), $1,000,000. International organizations and programs, loans: For expenses ^"'^J'^^ ^^^'" authorized by section 302(b), $12,000,000, to remain available until 87sta"T54. expended. 22 USC 2222. Supporting assistance: For expenses authorized by section 402, ^"'e, p. 962. $365,000,000. Contingency fund: For expenses authorized by section 451(a), $5,000,000. Alliance for Progress, technical cooperation and development grants: For expenses authorized by section 252(a), $81,500,000, of which not ^"'^' ^ ^^^• less than $350,000 shall be available only for the Partners of the Alliance: Provided, That no part of this appropriation shall be used to initiate any project or activity which has not been justified to the Congress. AUiance for Progress, development loans: For expenses authorized by section 252(a), $255,000,000, together with such dollar amounts as

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Page:United States Statutes at Large Volume 82.djvu/1180

 PUBLIC LAW 90-581-OCT. 17, 1968

1138 22 USC 2213. Ante,

p. 960.

22 USC 2163.

22 USC 2165. Ante, p. 965-

22 USC 2397. 22 USC 1613d. Unobligated b a l a n c e s, continued availability.

68 Stat. 830. 31 USC 200.

Notifications of congressional committees.

are authorized to be made available for assistance under section 253, all such amounts to remain available until expended. Development loans: For expenses authorized by section 202(a), S300,000,000, together with such amounts as are authorized to be made available for expenses under section 203, all such amounts to remain available until expended: Provided, That no part of this appropriation may be used to carry out the provisions of section 205 of the Foreign Assistance Act of 1961, as amended. Administrative expenses: For expenses authorized by section 637(a), $51,000,000. Administrative and other expenses: For expenses authorized by section 637(b) of the Foreign Assistance Act of 1961, as amended, and by section 305 of the Mutual Defense Assistance Control Act of 1951, as amended, $3,500,000. Unobligated balances as of June 30, 1968, of funds heretofore made available under the authority of the Foreign Assistance Act of 1961, as amended, except as otherwise provided by law, are hereby continued available for the fiscal year 1969, for the same general purposes for which appropriated and amounts certified pursuant tO' section 1311 of the Supplemental Appropriation Act, 1955, as having been obligated against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961, as amended, for the same general purpose as any of the subparagraphs under "Economic Assistance'', are hereby continued available for the same period as the respective appropriations in such subparagraphs for the same general purpose: Provided, That such purpose relates to a project or program previously justified to Congress and the Committees on Appropriations of the House of Representatives and the Senate are notified prior to the reobligation of funds for such projects or programs. MILITARY

Ante, Ante,

p. 962. p. 965.

Assistance to underdeveloped countries, restriction.

Reports to Congress.

[82 STAT.

ASSISTANCE

Military assistance: For expenses authorized by section 504(a) of the Foreign Assistance Act of 1961, as amended, including administrative expenses authorized by section 636(g)(1) of such Act, which shall not exceed $21,000,000 for the current fiscal year, and purchase of passenger motor vehicles for replacement only for use outside the United States, $375,000,000: Provided, That none of the funds contained in this paragTaph shall be available for the purchase of new automotive vehicles outside of the United States: Provided further, That none of the funds appropriated in this paragraph shall be used to furnish sophisticated weapons systems, such as missile systems and jet aircraft for military purposes, to any underdeveloped country, unless the President determines that the furnishing of such weapons systems is important to the national security of the United States and reports within thirty days each such determination to the Congress: Provided further, That the military assistance program for any country shall not be increased beyond the amount justified to the Congress, unless the President determines that an increase in such program is essential to the national interest of the United States and reports each such determination to the House of Representatives and the Senate within thirty days after each such determination. GENERAL PROVISIONS

Flood control and r e l a t e d projects.

SEC. 101. None of the funds herein appropriated (other than funds appropriated under the authorization for "International organizations and programs") shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used

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Page:United States Statutes at Large Volume 82.djvu/1181

 82 STAT. ]

PUBLIC LAW 90-581-OCT. 17, 1968

1139

in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America as jjer memorandum of the President dated May 15, 1962. SEC. 102. Obligations made from funds herein appropriated for c^gres's^/° engineering and architectural fees and services to any individual or group of engineering and architectural firms on any one project in excess of $25,000 shall be reported to the Senate and House of Representatives at least twice annually. SEC. 103. Except for the aj^propriations entitled "Contingency fy°di'^^^'°" °^ Fund", "Alliance for Progress, development loans", and "Develop- Restriction. ment loans", not more than 20 per centum of any appropriation item made available by this title shall be obligated and/or reserved during the last month of availability. SEC. 104. None of the funds herein appropriated nor any of the Annuities of „

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military p e r s o n n e l

counterpart funds generated as a result or assistance hereunder or any of recipient counprior Act shall be used to pay pensions, annuities, retirement pay, or tries. adjusted service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country. Communist SEC. 105. The Congress hereby reiterates its opposition to the seating China. in the United Nations of the Communist China regime as the representative of China, and it is hereby declared to be the continuing sense of Congress that the Communist regime in China has not demonstrated its wnllin^ness to fulfill the obligations contained in the Charter of the United Nations and should not be recognized to represent China in the United Nations. In the event of the seating of representatives of the Chinese Communist regime in the Security Council or General Assembly of the United Nations, the President is requested to inform the Congress, insofar as is compatible with the requirements of national security, of the implications of this action upon the foreign policy of the United States and our foreign relationships, including that created by membership in the United Nations, together with any recommendations which he may have with respect to the matter. SEC. 106. I t is the sense of Congress that any attempt by foreign,.^^'^'^i.®"'^/*." . i T -•.• 1 _ XI • c !• •'^ ligious discrimin a t i o n s to create distinctions because o i the i r race o r religion among nation. America n citizens in the g r a n t i n g of personal o r commercial access o r any other rights otherwise available to the United States citizens generally is repugnant to our principles; and in all negotiations between the United States and any foreign state arising as a result of funds appropriated under this title these principles shall be applied as the President may determine. 22 USC 2151 note. SEC. 107. (a) No assistance shall be furnished under the Foreign Assistance Act of 1961, as amended, to any country which sells, furnishes, or permits any ships under its registry to carry to Cuba, so long as it is governed by the Castro regime, in addition to those items contained on the list maintained by the Administrator pursuant to title I of the Mutual Defense Assistance Control Act of 1951, as amended, any arms, ammunition, implements of war, atomic energy ^^^l ^^^ ^^^^ materials, or any other articles, materials, or supplies of primary strategic significance used in the production of arms, ammunition, and implements of war or of strategic significance to the conduct of war, including petroleum products. (b) No economic assistance shall be furnished under the Foreign Assistance Act of 1961, as amended, to any country which sells, furnishes, or permits any ships under its registry to carry items of economic assistance to Cuba, so long as it is governed by the Castro regime, or to North Vietnam. SEC. 108. Any expenditure made from funds provided in this title ^^^^TTS^ '° for procurement outside the United States of any commodity in bulk ""^"^^^^

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Page:United States Statutes at Large Volume 82.djvu/1182

 1140

22 USC 2354.

Materials of strategic value. 22 USC 2151 note.

22 USC 1611 note. eommunist countries. 22 USC 2174. Reports to Congress. Publication in Federal Register.

contracts. Termination provision.

Citizens employed outside U.S.

22 USC 2201.

PUBLIC LAW 90-581-OCT. 17, 1968

[82

STAT.

and in excess of $100,000 shall be reported to the Senate and the House of Representatives at least twice annually: Provided, That each such report shall state the reasons for which the President determined, pursuant to criteria set forth in section 604(a) of the Foreign Assistance Act of 1961, as amended, that foreign procurement will not result in adverse effects upon the economy of the United States or the industrial mobilization base which outweigh the economic or other advantages to the United States of less costly procurement outside the United States. SEC. 109. (a) No assistance shall be furnished to any nation, whose government is based upon that theory of government known as communism, under the Foreign Assistance Act of 1961, as amended, for any arms, ammunition, implements of war, atomic energy materials, or any articles, materials, or supplies, such as petroleum, transportation materials of strategic value, and items of primary strategic significance used in the production of arms, ammunition, and implements of war, contained on the list maintained by the Administrator pursuant to title I of the Mutual Defense Assistance Control Act of 1951, as amended. (b) No economic assistance shall be furnished to any nation, whose government is based upon that theory of government known as communism, under the Foreign Assistance Act of 1961, as amended (except section 214(b)), unless the President determines that the withholding of such assistance would be contrary to the national interest and reports such determination to the House of Representatives and the Senate. Reports made pursuant to this subsection shall be published in the Federal Register within seven days of submission to the Congress and shall contain a statement by the President of the reasons for such determination. SEC. 110. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. SEC. 111. None of the funds appropriated or made available by this or any predecessor Act for the years subsequent to fiscal year 1962 for carrying out the Foreign Assistance Act of 1961, as amended, may be used to make payments \\\t\\ respect to any contract for the performance of services outside the United States by United States citizens unless the President shall have promulgated regulations that provide for the investigation of such citizens for loyalty and security to the extent necessary to protect the security and other interests of the United States: Provided, That such regulations shall require that any such United States citizen who will have access, in connection with the performance of such services, to information or material classified for security reasons shall be subject to such investigation as may otherwise be provided by law and executive order. SEC. 112. None of the funds appropriated or made available under this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to make payments with respect to any capital project financed by loans or grants from the United States where the United States has not directly approved the terms of the contracts and the firms to provide engineering, procurement, and construction services on such projects. SEC. l i s. Of the funds appropriated or made available pursuant to this Act not more than $8,000,000 may be used during the fiscal year ending June 30, 1969, in carrying out section 241 of the Foreign Assistance Act of 1961, as amended.

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 82 STAT. ]

PUBLIC LAW 90-581-OCT. 17, 1968

1141

SEC, 114. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to pay in whole or in part any assessments, 22 USC 2151 arrearages, or dues of any member of the United Nations. "°'^' SEC. 115. None of the funds made available by this Act for carrying unde^dive'io Ta'" out the Foreign Assistance Act of 1961, as amended, may be obligated countrie^s. for financing, in whole or in part, the direct costs of any contract for the construction of facilities and installations in any underdeveloped country, unless the President shall have promulgated regulations designed to assure, to the maximum extent consistent with the national interest and the avoidance of excessive costs to the United States, that none of the funds made available by this Act and thereafter obligated shall be used to finance the direct costs under such contracts for construction work performed by persons other than qualified nationals of the recipient country or qualified citizens of the United States: Provided, however, That the President may waive the application of this amendment if it is important to the national interest. SEC. 116. No assistance shall be furnished under the Foreign Assist- in^^^r'th^viefnim ance Act of 1961, as amended, to any country that sells, furnishes, or '"^ permits any ships under its registry to carry to North Vietnam any of the items mentioned in subsection 107(a) of this Act. SEC. 117. None of the funds appropriated or made available in this pubiic^'^ ^'^^'^' ^^ Act for carry^ing out the Foreign Assistance Act of 1961, as amended, shall be available for assistance to the United Arab Republic, unless the President determines that such availability is essential to the national interest of the United States. SEC. 118. None of the funds appropriated or made available pursuant ^^^ ^"'^ ^'*"^ to this Act for carrying out the Foreign Assistance Act of 1961, as X^vlll^s^m. "^^ amended, may be used to finance the procurement of iron and steel products for use in Vietnam containing any component acquired by the producer of the commodity, in the form in which imported into the country of production, from sources other than the United States or a country designated as a limited free world country by code number 901 in the September 1964 Geographic Code Book compiled by the Agency for International Development, and at a total cost (delivered to the point of production) that amounts to more than 10 per centum of the lowest price (excluding the cost of ocean transportation and marine insurance) at which the supplier makes the commodity available for export sale (whether or not financed by the Agency for International Development). SEC. 119. The President is directed to withhold economic assistance E'^penditures by in an amount equivalent to the amount spent by any underdeveloped coumrie^^for' country for the purchase of sophisticated weapons systems, such as weapons systems. missile systems and jet aircraft for military purposes from any country, unless the President determines that such purchase or acquisition ^^^^^^l^^^^ ^^' of weapons systems is important to the national security of the United Re'^ort'°o conStates and reports within thirty days each such determination to the ^ress. Congress. TITLE II—FOREIGN ASSISTANCE

(OTHER)

F U N D S APPROPRIATED TO THE PRESIDENT PEACE CORPS

For expenses necessary to enable the President to carry out the provisions of the Peace Corps Act (75 Stat. 612), as amended, including ^^22 USC 2501 purchase of not to exceed five passenger motor vehicles for use outside the United States, $102,000,000, of which not to exceed $29,500,000 shall be available for administrative expenses.

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PUBLIC LAW 90-581-OCT. 17, 1968

[82 STAT.

DEPARTMENT OF THE ARMY—CIVIL FUNCTIONS R Y U K Y U ISLANDS, ARMY ADMINISTRATION

80 Stat. 416.

a/us^c 529^^' 70A Stat. 269.

For expenses, not otherwise provided for, necessary to meet the responsibilities and obligations of the United States in connection with the government of the Ryukyu Islands, as authorized by the Act of July 12, 1960 (74 Stat. 461), as amended (81 Stat. 363); services as authorized by 5 U.S.C. 3109, of individuals not to exceed ten in number; not to exceed $4,000 for contingencies for the High Commissioner, to be expended in his discretion; hire of passenger motor vehicles and aircraft; purchase of four passenger motor vehicles for replacement only; and construction, repair, and maintenance of buildings, utilities, facilities, and appurtenances, $20,772,000, of which not to exceed $3,272,000 shall be available for administrative and information expenses: Provided, That expenditures from this appropriation may be made outside continental United States when necessary to carry out its purposes, without regard to sections 355 and 3648, Revised Statutes, as amended, section 4774(d) of title 10, United States Code, civil servlcc or classification laws, or provisions of law prohibiting payment of any person not a citizen of the United States: Provided further, That funds appropriated hereunder may be used, insofar as practicable, and under such rules and regulations as may be prescribed by the Secretary of the Army to pay ocean transportation charges from United States ports, including territorial ports, to ports in the Ryukyus for the movement of supplies donated to, or purchased by. United States voluntary nonprofit relief agencies registered with and recommended by the Advisory Committee on Voluntary Foreign Aid or of relief packages consigned to individuals residing in such areas: Provided further, That the President may transfer to any other department or agency any function or functions provided for under this appropriation, and there shall be transferred to any such department or agency, without reimbursement and without regard to the appropriation from which procured, such property as the Director of the Bureau of the Budget shall determine to relate primarily to any function or functions so transferred: Provided further, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation. CONSTRUCTION OF POWER S Y S T E M S, R Y U K Y U ISLANDS

73 Stat. 72 2-

The unobligated balance of the appropriation granted under this j^ead in the Mutual Security Appropriation Act, 1960, is hereby rescinded. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE ASSISTANCE TO REFUGEES I N THE UNITED STATES

22 us^c 2601 note.

For expenses necessary to carry out the provisions of the Migration and Refugee Assistance Act of 1962 (Public Law 87-510), relating to aid to refugees within the United States, including hire of

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 82

STAT.

]

PUBLIC LAW 90-581-OCT. 17, 1968

passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, $69,774,000: Provided, That funds from this appropriation shall be transferred to the Secretary of State to (over the costs incurred by the Department of State m connection with the movement of refugees from Cuba to the United States: Provided further, That $1,800,000 of this appropriation shall be transferred to the current appropriation for "Contingency fund", Agency for International Development.

1143 ^o Stat. 4i6.

DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1158); allowances as authorized by 5 U.S.C. 5921-5925; hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109; $5,485,000, of which not to exceed $4,794,000 shall remain available until December 31, 1969: Provided, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere. FUNDS APPROPRIATED TO THE PRESIDENT ASIAN DEVELOPMENT BANK

For payment of the third installment subscription on paid-in capital stock to the Asian Development Bank, $20,000,000, to remain available until expended. INVESTMENT IN INTER-AMERICAN DEVELOPMENT BANK

For subscription to the Inter-American Development Bank, to remain available until expended, $505,880,000, of which $300,000,000 is for the second installment of the United States share in the 19681970 increase in the resources of the Fund for Special Operations of the Bank, and $205,880,000 is for the first of two installments of the United States share in the authorized increase in the callable ordinary capital stock of the Bank. TITLE III—EXPORT-IMPORT BANK OF THE UNITED STATES The Export-Import Bank of the United States is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year

-600 O - 69 - 75

^o Stat. 999. 80 Stat. 510.

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 1144 61 Stat. 584. 31 USC 849.

PUBLIC LAW 90-581-OCT. 17, 1968

[82

STAT.

limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, except as hereinafter provided. LIMITATION ON PROGRAM ACTIVITY

Not to exceed $2,552,050,000 (of which not to exceed $2,065,000,000 shall be for equipment and services loans) shall be authorized during the current fiscal year for other than administrative expenses. LIMITATION ON ADMINISTRATIVE EXPENSES

80 Stat. 416.

Not to exceed $4,932,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including services as authorized by 5 U.S.C. 3109, and not to exceed $12,000 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof. TITLE IV—GENEKAL PROVISIONS

Publicity and propaganda. Inspector General, Foreign Assistance.

F i s c a l year limitation. Short title.

SEC. 401. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. SEC. 402. None of the funds herein appropriated shall be used for expenses of the Inspector General, Foreign Assistance, after the expiration of the thirty-five day period which begins on the date the General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the Office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in the custody or control of the Inspector General, Foreign Assistance, relating to any review, inspection, or audit arranged for, directed, or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee or subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing. SEC. 403. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the "Foreign Assistance and Related Agencies Appropriation Act, 1969." Approved October 17, 1968.

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 82 STAT. ]

PUBLIC LAW 90-582-OCT. 17, 1968

1145

Public Law 90-582 AN ACT

October 17, 1968

To amend the Federal Farm Loan Act and the Farm Credit Act of 1933, as amended, to expedite retirement of Government capital from Federal intermediate credit banks, production credit associations and banlis for cooperatives, and for other purposes.

l^^-^^^^^

Be it enacted by the Senate and House of Representatlven of the Federal Farm United States of America in Congress assembled, That section 205 Loan Act and (a)(1) of the Federal Farm Loan Act, as amended (12 U.S.C. 1061 Farm credu Act (a)(1)), is amended by adding the following two paragraphs at the °f 1933, amend^ - .1 1

a

merits.

end thereof: 70 Stat. 660; "As to any class A stock held by the Governor of the F a r m Credit 79 Stat. 922. Administration on behalf of the United States at enactment of this paragraph, the Governor may at any time require the bank to retire such class A stock if, in his judgment, the bank has resources available therefor, and he may accept in payment for such stock, such amount not in excess of par as in his judgment and with the concurrence of the Secretary of the Treasury represents a fair value of such stock, or such retirement may be effected upon delivery to the Governor of an amount of United States Government bonds the market value of which on the date of transaction represents the fair value of the class A shares as determined by the Governor with the concurrence of the Secretary of the Treasury. "After all class A stock held by the Governor of the Farm Credit Administration on behalf of the United States has been retired from all of the Federal intermediate credit banks, and full private ownership has thus been achieved, short-term Federal investments in such class A stock to help one or several of the banks to meet emergency credit needs shall not be deemed to change this ownership status: Provided, hoimvev^ That this sentence shall not alter the application of the Government Corporation Control Act, as amended (31 U.S.C. 841870), and section 206(a)(4) of the Federal F a r m Loan Act, as 59 Stat. 597. amended (12 U.S.C. 1072(a)(4)) (relating to payment of a franchise ^° ^*^*- ^^'^• tax to the United States if the bank has outstanding capital stock held by the United States)." SEC. 2. (a) Section 6 of the Farm Credit Act of 1933, as amended ^^J:]:^^^^^ ^^°'=''' (12 U.S.C. 1131c), is amended by adding the following sentence at canceTiaaon'! the end thereof: "If an association is deemed not to have resources available to retire and cancel any class A stock held by the Governor in such association, but in the judgment of the Governor the Federal intermediate credit bank of the district has resources available to do so, the Governor may require such bank to invest in an equivalent amount of class A stock of said association and the association then shall pay the proceeds thereof into such revolving fund in retirement of the class A stock held by the Governor." (b) Section 16(a) of the Farm Credit Act of 1953, as amended (12 ^efilemem an°d' U.S.C. 1131e-l(a)), is amended by adding the following sentence at canceTiauon" the end thereof: "If an association is deemed not to have resources available to retire and cancel any class C stock held by the Governor in such association, but in the judgment of the Governor the Federal intermediate credit bank of the district has resources available to do so, the Governor may require such bank to invest in an equivalent amount of class A or class C stock of said association and the association then shall pay the proceeds thereof into such revolving fund in retirement of the class C stock held by the Governor." SEC. 3. Section 43 of the F a r m Credit Act of 1933 (12 U.S.C. 1134e) Government is amended by adding the following two paragraphs at the end thereof: ^'Is'strtTe"^"*' "As to any class A stock of any such bank held by the Governor of the F a r m Credit Administration on behalf of the United States at

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 1146

59 Stat. 597. 69 Stat. 658.

PUBLIC LAW 90-583-OCT. 17, 1968

[82 STAT.

enactment of this paragraph, he may accept in payment for such stock, such amount not in excess of par as in his judgment and with the concurrence of the Secretary of the Treasury represents a fair value of such stock, or such retirement may be effected upon delivery to the Governor of an amount of United States Government bonds the market value of which on the date of transaction represents the fair value of the class A shares as determined by the Governor with the concurrence of the Secretary of the Treasury. "After all class A stock held by the Governor of the F a r m Credit Administration on behalf of the United States has been retired from all of the banks for cooperatives, and full private ownership has thus been achieved, short-term Federal investments in such class A stock to help one or several of the banks to meet emergency credit needs shall not be deemed to change this ownership status: Provided, however, That this sentence shall not alter the application of the Gt>vernment Corporation Control Act, as amended (31 U.S.C. 841-870), and section 36(a)(3) of the F a r m Credit Act of 1933, as amended (12 U.S.C. 11341(a)(3)) (relating to payment of a franchise tax to the United States if the bank has outstanding capital stock held by the United States)." Approved October 17, 1968.

Public Law 90-583 October 17, 1968 [S.2671]

Noxious plant control.

Appropriation authorization.

AN ACT To provide for the control of noxious plants on land under the control or jurisdiction of the Federal Government.

Be It enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That the heads of Federal departments or agencies are authorized and directed to permit the commissioner of agriculture or other proper agency head of any State in which there is in effect a program for the control of noxious plants to enter upon any lands under their control or jurisdiction and destroy noxious plants growing on such land if— (1) such entry is in accordance with a program submitted to and approved by such department or agency: Provided, That no entry shall occur when the head of such Federal department or agency, or his designee, shall have certified that entry is inconsistent with national security; (2) the means by which noxious plants are destroyed are acceptable to the head of such department or agency; and (3) the same procedure required by the State program with respect to privately owned land has been followcKi. SEC. 2. Any State incurring expenses pursuant to section 1 of this Act upon presentation of an iteijiized account of such expenses shall be reimbursed by the head of the department or agency having control or jurisdiction of the land with respect to which such expenses were incurred: Provided, That such reimbursement shall be only to the extent that funds appropriated specifically to carry out the purjx)ses of this Act are available therefor during the fiscal year in which the expenses are incurred. SEC. 3. There are hereby authorized to be appropriated to departments or agencies of the Federal Government such sums as the Congress may determine to be necessary to carry out the purposes of this Act. Approved October 17, 1968.

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 82 STAT. ]

PUBLIC LAW 90-584-OCT. 17, 1968

1147

Public Law 90-584 AN ACT

October 17, 1968

To provide for the disposition of funds appropriated to pay a judgment in favor of the Southern Paiute Nation of Indians in Indian Claims Commission dockets numbered 88, 330, and 330-A, and for other purposes.

^^-3227]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the pur- Indians. pose of disposing of the sum of $7,253,165.19 appropriated April 30, Nauon.^'^" 1965 (79 Stat, 81, 108, 109), to pay a judgment of the Indian Claims judgment funds, Commission entered in its dockets numbered 88, 330, and 330-A on 'ii^p°«i"°«January 18, 1965, on behalf of the Southern Paiute Nation, the bands and groups of Southern Paiute Indians named in the petitions and the Las Vegas Band, together with interest accruing thereon, the Secretary of the Interior shall prepare a roll of all persons who meet the following requirements for eligibility: (a) they were b o m on or prior to and living on the date of this Act and are (b) enrolled or entitled to be enrolled as members of the Kaibab Band of Paiute Indians of the Kaibab Reservation, Arizona, or (c) enrolled or entitled to be enrolled as members of the Moapa Band of Paiute Indians of the Moapa River Reservation, Nevada, or (d) whose names or the name of a lineal ancestor appears on the final rolls of the Shivwits, Kanosh, Koosharem, and Indian Peaks Bands of Paiute Indians which were prepared pursuant to the Act of September 1, 1954 (68 Stat. 1099), or (e) Southern Paiute Indians whose names or the 25 USC 741-760. name of a lineal ancestor appears on the January 1, 1940, census roll of the Cedar City, Utah, Indians, or (f) Southern Paiute Indians whose names or the name of a lineal ancestor appears on the January 1, 1940, census roll of the Las Vegas Colony, Nevada, or (g) Indians living elsewhere who can establish Southern Paiute lineal descent to the satisfaction of the Secretary of the Interior: Provided, however. That no enrollee shall have eilected or shall elect to participate in the judgment awarded by the Indian Claims Commission in its dockets numbered 31, 37, 80, 80-D, and 347, granted to "Certain Indians of California" or in dockets numbered 351 and 351-A granted to the Chemehuevi Tribe of Indians. Any person qualifying for enrollment as a member of more than one of the named Indian groups shall elect with which group he shall be enrolled for the purpose of this Act. SEC. 2. Applications for enrollment must be filed with the Area Director, Bureau of Indian Affairs, Phoenix, Arizona, in the manner and v/'thin the time limits prescribed by the Secretary for that purpose. The Secretary's determination on all applications for enrollment shall be final. SFX'. 3. The cost of preparing the Southern Paiute Indian roll, and of disposing of the judgment funds, and the deduction of attorneys' fees and ex))enses and the cost of litigation, shall be deducted from the judgment fund. The balance of said fund, together with accrued interest, shall be apportioned by the Secretary of the Interior among the groups of persons entitled to enrollment on the Southern Paiute Indian roll as provided in section 1 of this Act. Apportionment among said groups shall be on the ratio that the number of enrollees in each group shall bear to the total number enrolled on the Southern Paiute Indian roll. SEC. 4. The total amounts apportioned to the groups enrolled in sec•

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tion 1(b) and (c) shall be redeposited in the Treasury of the United States to the credit of the respective bands, and may be advanced,

Applications.

Apportionment.

R^deposu and disposition,

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 1148

Equal shares.

Minor enrollees, protection.

Disposition.

Tax exemption. Rules and regulations.

PUBLIC LAW 90-585-OCT. 17, 1968

[82 STAT.

expended, invested, or reinvested in any manner authorized by the governing body and approved by the Secretary. SEC. 5. The funds apportioned to those Southern Paiute Indians enrolled, under sections 1(f) and (g) shall be available for distribution in equal shares to the enrollees except as provided in section 6 of this Act. SEC. 6. Sums payable to enrollees or their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedures as the Secretary determines will best protect their interests, including the establishment of trusts. SEC. 7. All funds, including interest, of the adult members of any group enrolled pursuant to sections 1(d) and (e) of this Act may be advanced, expended, invested, or reinvested in any manner pursuant to a plan agreed upon between the governing body thereof or by the members thereof, at a meeting called in accordance with rules approved by the Secretary of the Interior, and the Board of Indian Affairs of the State of Utah, subject, however, to the previous approval of such plan by the Secretary of the Ini erior. However, the Secretary of the Interior shall not be charged with any responsibility in the administration of the funds. SEC. 8. No part of the per capita distributions made under authority of this Act shall be subject to Federal or State income tax. SEC. 9, The Secretary is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved October 17, 1968.

Public Law 90-585 October 17, 1968

AN ACT

[H. R. 18885]

To provide for the disposition of funds appropriated to pay judgments in favor of the Seminole Tribe of Oklahoma in dockets numbered 150 and 248 of the Indian Claims Commission, and for other purposes.

Indians. Seminole Tribe. Judgment funds, disposition.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the unexpended balance of the funds on deposit in the Treasury of the United States to the credit of the Seminole Tribe of Oklahoma that were appropriated by the Act of September 29, 1959 (73 Stat. 717), to pay a judgment by the Indian Claims Commission in docket numbered 150, and by the Act of May 13, 1966 (80 Stat. 141), to pay a judgment by the Indian Claims Commission in docket numbered 248, and any interest thereon, less payment of attorneys' fees and expenses, together with those school funds on deposit in the Treasury of the United States under the following symbols and titles: 14X7091 Seminole school fund. 14X7591 Interest and accruals on interest, Seminole school fund, may be advanced, expended, invested, or reinvested for any purpose that is authorized by the General Council of the Seminole Tribe of Oklahoma or other recognized governing body of that tribe and approved by the Secretary of the Interior. SEC. 2. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved October 17, 1968-

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 82 STAT. ]

PUBLIC LAW 90-586-OCT. 17, 1968

1149

Public Law 90-586 AN ACT To amend part III of the Interstate Commerce Act to provide for the recording of trust agreements and other evidences of equipment indebtedness of water carriers, and for other purjwses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part III of the Interstate Commerce Act, relating to water carriers (49 U.S.C. 901 et seq.), is amended by— (1) redesignating section 323 (49 U.S.C. 923) as section 324; (2) inserting therein, immediately after section 322 (49 U.S.C. 922), the following new section: RECORDING OF EVIDENCES OF EQUIPMENT

October 17, 1968 [S. 913]

Water carrier equipment. Financing. 54 Stat. 929.

INDEBTEDNESS

"SEC. 323. Any mortgage (except mortgages under the Ship Mortgage Act, 1920, as amended), lease, equipment trust agreement, conditional sale agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of one or more vessels, used or intended for use by a carrier subject to this part in interstate commerce or am^ assignment of rights or interest under any such instrument, or any supplement or amendment to any such instrument or assignment (including any release, discharge, or satisfaction thereof, in whole or in part), may be filed with the Commission, provided such instrument, assignment, supplement, or amendment is in writing, executed by the parties thereto, and acknowledged or verified in accordance with such requirements as the Commission shall prescribe; and any such instrument or other document, when so filed with the Commission, shall constitute notice to and shall be valid and enforceable against all persons including, without limitation, any purchaser from, or mortgagee, creditor, receiver, or trustee in bankruptcy of, the mortgagor, buyer, lessee, or bailee of the vessel covered thereby, from and after the time such instrument or other document is so filed with the Commission; and such instrument or other document need not be otherwise filed, deposited, registered, or recorded under the provisions of any other law of the United States of America, or of any State (or political subdivision thereof), territory, district, or possession thereof, respecting the filing, deposit, registration, or recordation of such instruments or documents: Provided, however. That nothing contained in this section shall, in any way, be construed to alter or amend the Ship Mortgage Act, 1920, as amended. The Commission shall establish and maintain a system for the recordation of each such instrument or document, filed pursuant to the provisions of this section, and shall cause to be marked or stamped thereon, a consecutive numl)er, as well as the date and hour of such recordation, and shall maintain, open to public inspection, an index of all such instruments or documents, including any assignment, amendment, release, discharge, or satisfaction thereof, and shall record, in such index the names and addresses of the principal debtors, trustees, guarantors and other parties thereto, as well as such other facts as may be necessary to facilitate the determination of the rights of the parties to such transactions."; and (3) striking out in the section analysis of that part the item relating to section 323, and inserting in lieu thereof the following:

F i l i n g with Inters t a t e Commerce Commission. 41 Stat. 1000. 46 USC 984.

Recording s y s tem and index.

"Sec. 323. Recording of evidences of equipment indebtedness. "Sec. 324. Separability of provisions."

S E C 2. Section 116, chapter 10, of the Bankruptcy Act (11 U.S.C. 516) is amended by adding at the end thereof the following new paragraph:

52 Stat. 884; 71 Stat. 617.

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 1150

PUBLIC LAW 90-587-OCT. 17, 1968

46 us^c 984°°

[82 STAT.

"(6) Notwithstanding any other provisions of this chapter, the title of any owner, whether as trustee or otherwise, to vessels (as the term is defined in the Ship Mortgage Act, 1920, as now in effect or hereafter amended) leased, subleased, or conditionally sold to any water carrier which holds a certificate of public convenience and necessity or permit issued by the Interstate Commerce Commission, and an}' right of such owner or of any other lessor to such water carrier to take possession of such property in compliance with the provisions of any such lease or conditional sale contract shall not be affected by the provisions of this chapter if the terms of such lease or conditional sale so provide." Approved October 17, 1968.

Public Law 90-587 October 17, 1968

AN ACT

1 ^ 2496] ^-

To authorize the Commissioner of the District of Columbia to enter into and renew reciprocal agreements for police mutual aid on behalf of the District of Columbia with the local governments in the Washington metropolitan area.

D.C. Govern merit.

p'oiice mutual aid agreements.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the District of Columbia is hereby authorized in his discretion to enter into and to renew reciprocal agreements, for such period as he deems advisable, with any county, municipality, or other governmental unit in the States of Maryland and Virginia, in order to establish and carry into effect a plan to provide mutual aid, through the furnishing of policemen and other agents and employees, together with all necessary equipment, in the event of war, internal disorder, fire, flood, epidemic, or other public disorder which threatens or has occurred. SEC. 2. The District of Columbia shall not enter into any such agreement unless the agreement provides that each of the parties to such agreement shall (1) waive any and all claims against all the other parties thereto which may arise out of their activities outside their respective jurisdictions under such agreement; (2) indemnify and save harmless the other parties to such agreement from all claims by third parties for property damage or personal injury which may arise out of the activities of the other parties to such agreement outside their respective jurisdictions under such agreement. SEC. 3. The policemen and other officers, agents, and employees of the District, when acting hereunder or under other lawful authority beyond the territorial limits of the District, shall have all of the pension, relief, disability, workmen's compensation, and other benefits enjoyed by them while performing their respective duties within the District of Columbia. SEC. 4. The Commissioner of the District of Columbia shall be responsible for directing the activities of all policemen and other officers and agents coming into the District pursuant to any such reciprocal agreement, and the Commissioner is empowered to authorize all policemen and other officers and agents from outside the District to enforce the laws applicable in the District to the same extent as if they were duly authorized officers and members of the Metropolitan Police force of the District of Columbia. Approved October 17, 1968.

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PUBLIC LAW 90-588-OCT. 17, 1968

1151

Public Law 90-588 AN ACT

To provide additional leave of absence for Federal employees in connection with the funerals of their immediate relatives who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces ill a combat zone; and to provide additional leave for Federal employees called to duty as members of the National Guard or Armed Forces Reserves.

October 17, 1968 [H. R. I 3 8 4 4 ]

lie 'it enacted by the Senate and Tloune of RepreiientativeH of the Vnited States of Amet/ra in Congress asspmhled^ That (a) subchapter Federal empioyJ I of Chapter ( J of title 5, United States Code, is amended by addiii«^ 'Additionai W at the end thereof the following new section: leave. '^

80 Stat. 5 2 1;

"§ 6326. Absence in connection with funerals of immediate si Stat. 67i relatives in the Armed Forces 63^25"^*^ ^^^^ " (a) A n employee of a n executive agency o r a n i n d i v i d u a l employed by the jfoverimient of the District of Columbia is entitled to not more than t h r e e d a y s of leave w i t h o u t loss of, or reduction in, p a y, leave to which he is otherwise entitled, credit for time or service, or performance or efficiency rating, to make arrangements for, or attend the funeral of, or memorial service for, an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the Amied Forces in a combat zone (as determined by the President in accordance with section 112 of the Internal Revenue Code).

68AStat.;!4;

"(b) The Civil Service Commission is authorized to issue regula- 26 USC 112. ]ations for the administration of this section. Regulations. "(c) This section shall not be considered as affecting the authority of an Executive agency, except to the extent and under the conditions covered under this section, to grant administrative leave excusing an employee from work when it is in the public interest.". (D) The table of contents of chapter 63 of title 5, United States Code, is amended by inserting the following new item immediately below item 6325: "6326. Absence in connection with funerals of immediate relatives In the Armed Forces.". SEC. 2. (a) Section 6328 of title 5, United States Code, is amended Military leave. by adding at the end thereof the following new subsections: "(c) Eixcept as provided by section 5519 of this title, an employee ^°^'' P ^^S^. as defined by section 2105 of this title (except a substitute employee in ^° ^'^*- '^o''the postal field service) or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who— " (1) is a member of a Reserve component of the Armed Forces, as described in section 261 of title 10, or the Xational Guard, as ^^^^ s*^*- ^°' described in section 101 of title 32; and "(2) performs, for the purpose of providing military aid to enforce the law— " (A) Federal service under section 331, 332, 333, 3500, or 8500 of title 10, or other provision of law, as applicable, or " (B) full-time military service for his State, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, or a territory of the United States; is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or jjerformance or efficiency rating. Leave granted by Limitation. this subsection shall not exceed 22 workdays in a calendar year. " (d) Except as provided in section 5519 of this title, a substitute employee in the postal field service who— " (1) is a member of a Reserve component of the Armed Forces,

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 1152 70A Stat. 1 0, 596.

Limitation.

Withholding pay. 80 Stat. 477. 5 USC 55115518.

Ante, p. 1151.

PUBLIC LAW 90-589-OCT. 17, 1968

[82 STAT.

as described in section 261 of title 10, or the Xational Guard, as described in section 101 of title 82; "(2) performs, for the purpose of providing military aid to enforce the law— " (A) Federal service under section 381, 882, 888, 8500, or 8500 of title 10, or other provision of law, as applicable, or "' (B) full-time military service for his State, the District of (Columbia, the Commonwealth of Puerto Rico, the Canal Zone, or a territory of the United States; and "(8) has worked at least 1040 hours, as a substitute employee in the postal field service, during the calendar year immediately before the calendar year in which he performs service described in subparagraph (2)(A) or (B) of this subsection; is entitled, during and because of such service, to leave without loss of, or reduction in, as a substitute employee in the postal field service, pay, leave to which he otherwise is entitled, credit for time or service, or performance or efficiency rating. Leave granted by this subsection— "(i) shall not exceed 160 hours in a calendar year; and " (ii) shall accrue on the basis of 1 hour of leave for each period aggregating 13 hours of service performed, as a substitute employee in the postal field service, during the calendar year immediately before the calendar year in which he performs service described in subparagraph (2)(A) or (B) of this subsection.". (b) Subchapter II of chapter 55 of title 5, United Sta4:es Code, is amended by adding at the end thereof the following new section: "§5519. Crediting amounts received for certain Reserve or National Guard service "An amount (other than a travel, transportation, or per diem allowance) received by an employee or individual for military service as a member of the Reserve or National Guard for a period for which he is entitled to leave under section 6323(c) or (d) of this title shall be credited against the pay payable to the employee or individual with respect to his civilian position for that period.". (c) The table of contents of subchapter II of chapter 55 of title 5, United States Code, is amended by inserting— "5519. Crediting amounts received for certain Reserve or National Guard service." immediately below— "5518. Deductions for State retirement systems; National Guard employees.". Approved October 17, 1968.

Public Law 90-589 October 17, 1968

[H-R. 13480]

D.C. Motor Vehicle Safety Responsibility Act, amendment. 72 Stat. 956.

AN

ACT

To make the proof of financial responsibility requirements of section 39(a) of the Motor Vehicle Safety Responsibility Act of the District of Columbia inapplicable in the case of minor traffic violations involving drivers' licenses and motor vehicle registration. Be it enacted by the /Senate and House of Rejjresentatives of the United /States of Ainerlca in Congress assembled, That section 39(a) of the Motor Vehicle Safety Responsibility Act of the District of Columbia (D.C. Code, sec. 40-455(a)) is amended by striking out "trial for"' and all that follows down through ''the operating privilege" and inserting in lieu thereof "trial for driving a motor vehicle within the District of Columbia at a time when his license is suspended or revoked, the operating privilege". Approved October 17, 1968.

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Public Law 90-590 AN ACT

To amend title lid, United States Code, with respect to use of the mails to obtain mioney or property under false representations, and for other purposes.

October 17, 1968

CH.R- 1411]

Be it enacted by the Seruite <ind House of Representatives of the United States of America in Congress assembled. That section 4005 ^^ ^'^*- ^54. ^ of title 39, United States Code, is amended to read as follows: "§ 4005. False representations; lotteries " (a) Upon evidence satisfactory to the Postmaster General that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations, or is engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money or of real or personal property, by lottery, chance, or drawing of any kind, the Postmaster General may issue an order which— "(1) directs any postmaster at an office at which registered or certified letters or other letters or mail arrive, addressed to such a person or to his representative, to return such letters or mail to the sender appropriately marked as in violation of this section, if such person, or his representative, is first notified and given reasonable opportunity to be present at the receiving post office to survey such letters or mail before the postmaster returns such letters or mail to the sender; and "(2) forbids the payment by a postmaster to such a person or his representative of any money order or postal note drawn to the order of either and provide for the return to the remitters of the sum named in the money order or postal note, "(b) The public advertisement by a person engaged in activities covered by subsection (a) of this section, that remittances may be made by mail to a person named in the advertisement, is prima facie evidence that the latter is the agent or representative of the advertiser for the receipt of remittances on behalf of the advertiser. The Postmaster General is not precluded from ascertaining the existence of the agency in any other legal way satisfactory to him, "(c) As used in this section and section 4006 of this title the term 'representative' includes an agent or representative acting as an. "R^P'^esentaindividual or as a firm, bank, corporation, or association of any kind.". t i v e. SEC. 2. The table of contents of chapter 51 of title 39, United States Code, is amended by striking out— "4005. Fraudulent and lottery mail matter."

and inserting in lieu thereof— "400r». False representations; lotteries.". Approved October 17, 1968.

Public Law 90-591 AN ACT

To authorize the Secretary of the Interior to exchange certain lands in Shasta County, California, and for other purposes.

October 17, 1968

[H. R. 8781]

Be It enacted by the Senate and House of Representatives of the United. States of America in Congress assembled, That the Secretary shasta county, of the Interior is authorized to convey to the Summit City Public land conveyUtility District, Shasta County, California, approximately 7.24 acres, ^^^^^ more or less, and to accept from the district in exchange therefor 5,91

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[82 STAT.

iicres, more or less, of land located in section 26, township 33 north, range 5 west, Mount Diablo meridian, Shasta County, California, and further identified in the records of the Bureau of Reclamation, Department of the Interior, as parcels A and B, respectively. The properties so exchanged either shall be approximately equal in fair market value or if they are not approximately equal, shall be equalized by the payment of cash to the district or to the Secretary as required: Proelded^ That the Secretary shall order appraisals made of the fair market value of both parcels of land without consideration for any improvements thereon, with said appraisals to constitute final determinations of value: Provided further, That any casih payment received by the Secretary shall be credited to the funds available for construction or operation and maintenance of the Central Valley project and any disbursements made by him shall l>e made from said funds. Approved October 17, 1968.

Public Law 90-592 October 17, 1968

[H. R. 13099]

Carl Sandburg Home National Historic Site, N.C. Establishment.

Administration.

Appropriation.

AN

ACT

rp^j authorize the establishment of the Carl Sandbiu-g Home National Historic Site in the State of North (.'arolina, and for other jmrposes.

Be It enacted by the Senate and, IIouHe of Representatives of the United States of Anierlea In Congress assembled, That the Secretary of the Interior is authorized to acquire, by donation or purchase wnth donated or appropriated funds, all or any part of the property and improvements thereon at Flat Rock, North Carolina, where Carl Sandburg lived and worked during the last twenty years of his life, comprising approximately two hiuidred and forty-two acres, together with approximately six acres of adjacent or related property which the Secretary may deem necessary for establishment of the Carl Sandburg Home National Historic Site. SEC. '1. The national historic site established pursuant to this Act shall be administered by the Secretary of the Interior in accordance with the provisions of the Act of,August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). SEC. 3. There are authorized to be appropriated the sums of $225,000 for the acquisition of lands and interests in lands and $952,000 for development exj^enses incurred pursuant to the provisions of this Act. Approved October 17, 1968.

Public Law 90-593 October 17, 1968 [ S. J. R e s. 191]

D.C. J u a r e z statue site.

JOINT RFSOLUTION Authoriz/ing the erection of a statue of Benito Pablo Juarez on public grounds in the District of Columbia.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and directed to select an appropriate site for the location of a statue, including pedestal therefor, of Benito Pablo Juarez, a gift of the Government of the United States of Mexico, on grounds now owned by the United States of America in the District of Columbia, and the erecti<jn thereof is hereby authorized, such authority to terminate five years from the effective date of this joint resolution unless erection of the statue is begun within that

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time: Provided, That the choice of the site and the design of the statue shall be subject to the approval of the Commission of Fine Arts and the National Capital Planning Commission: Provided further, That the erection of the statue and proper landscape treatment of the site, including walks, shall be without expense to the United States of America, except for necessary maintenance after completion. Approved October 17, 1968.

Public Law 90-594 AN ACT

October 17, 196f

To anthorize the appropriation of funds for I'adre Island National Seashore in the State of Texas, and for other purposes.

[H. R. 17787]

Be it enacted by the Senate and IIov.se of Representatlvefi of the United iStateti of America in Congrexx a.s.se?nh7ed. That, notwithstand- Padre Island National Seaing any other provision of law, there are hereby authorized to be shore,'xexTs. appropriated such sums as may be necessary to satisfy the final judg- Appropriation ment of $6,810,880 (that is, $9,212,730 minus $2,402,350 deposited in court; all figures exchisive of amounts for tract No. 7) rendered against the United States in civil action numbered 65-0-54 in the United States District Court for the Southern District of Texas, for the acquisition of land and interests in land for the Padre Island National Seashore. The sums herein authorized to be appropriated shall be sufficient to pay tho amount of said judgment, together with interest and costs as provided by law. Approved October 17, 1968.

Public Law 90-595 AN ACT

To extend to savings notes the provisions of the Second Liberty Bond Act relating to the redemption of savings bonds and the jmyment of losses incurred in connection with such redemption.

October 17, 196S

[H. R. 15114]

Be it enacted by the Senate and House of Representatives of the United States of America In Congrea'i asneinhled^ That the first sen- savings notes, tence of section 22(h) of the Second Liberty Bond Act, as amended "^ ^mption. ^ (31 U.S.C. 757c(h)), is amended by inserting "and savings notes"' 59 Stat. 47. after "bonds"'. SEC. 2. The first sentence of section 22(i) of the Second Liberty Bond Act, as amended (31 U.S.C. 757c(i)), is amended by inserting "and savings notes" after "bonds". The secoiid sentence of such section is amended by striking out "such bonds,"' and inserting in lieu thereof "such bonds and notes,". Approved October 17, 1968.

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[82 STAT.

Public Law 90-596 October 17, 1968 [S.1247]

District of Columbia P u b l i c Space Rental Act.

AN ACT 'l'i> authorize the Coininissioner of the District of Cohiiubia to tix and collect rents for the occupancy of space in, on, under, or over the streets of the District of Colmnbia, to authorize the closing of unused or unsafe vaults under such streets and the correction of dangerous conditions of vaults in or vault openings on public spac*es, and for other purposes. Be it enacted by the Senate and Houfie of Representatives United States of America in Congress assembled,

of the

TITLE I — S H O R TITLE, STATEMENT OF F I N D I N G S, AND POLICY DEFINITIONS

Definitions.

SEC. 101. This Act may be cited as the "District of Columbia Public Space Rental Act". SEC. 102. The Congress finds that there is demand in the District for the use of public space for private gain by the owners of property abutting such space, or by the operators of businesses on such property. The (\)ngress further finds that much of the use that is presently being made of such space by such owners or operators, and much of the use that is proposed to be made thereof, would not be in derogation of the rights of the general public to use such space if a determination be made by the Commissioner that some or all of such space is not required for the use of the general public and may be made available for use, for business purposes, by or with the consent of the owners of the private property abutting such public space, subject to the payment of adequate compensation for the use of such public space, and subject to the discontinuance of such use to the extent that the (Commissioner may later determine such space to be required for the use of the genera] public, including use by a public utility company. The Congress therefore declares that public space in the District which the Commissioner finds is not required for the use of the general public may be made available by him for use, for business purposes, by or with the consent of the owners of private property abutting such space, upon payment to the District of compensation for the use of such space, and on the condition that such use will be discontinued in whole or in part whenever the Commissioner determines that all or part of the public space is required for the use of the general public. SEC. 103. As used in this Act, unless the context requires otherwise— "Commissioner*" means the Commissioner of the District or his designated agent. "District'- means the District of Columbia. "Owner" means (1) any person, or any one of a number of persons, in whom is vested all or any part of the beneficial ownership, dominion, or title of property; (2) the committee, conservator, or legal guardian of an owner who is non compos mentis, a minor child, or otherwise under a disability; or (3) a trustee elected or appointed, or required by law, to execute a trust, other than a trustee under a deed of trust to secure the repayment of a loan. "Parking" means that area, of public space which lies between the property line and the edge of the actual or planned sidewalk which is nearer to such property line, as such property line and sidewalk are shown on the records of the District. "Property" means real property. "Property line" means the line of demarcation between privately owned property fronting or abutting a street and the publicly owned property in the line of such street.

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"Public si){K'e"" means jill the publicly owned property between the l)roperty lines on a street, as such property lines are shown on the records of the District, and includes any roadway, tree space, sidewalk, or parking- between such property lines. "Street" means a public hi^jhway as shown on the records of the District, whether designated as a street, alley, avenue, freeway, road, drive, lane, place, boulevard, parkway, circle, or by some other term. "Vault" means a structure or an enclosure of space beneath the surface of the public space, including but not limited to tanks for petroleum products, except that the term "vault" shall not include public utility structures, pipelines, or tunnels constructed under the authority of subsection (d) of the Act approved December 20, 1944, as amended (D.C. Code, sec. l - 2 4 4 (d)), or structures or facilities of the United States or the District of Columbia, or of any governmental entity or foreign government, or any structure or facility included in any lease agreement entered into by the Commissioner. If such structure or enclosure of space be divided approximately horizontally into two or more levels, the term "vault" as used in this Act shall be considered as applying to one such level only, and each such level shall be considered a separate vault within the meaning of this Act. SEC. 104. Nothing contained in this Act shall be construed as requiring the Commissioner to assess and collect rent from the Government of the United States, the government of the District of Columbia, or any foreign government, for the use, in accordance with the provisions of titles II and III, of public space abutting property owned by any such government or governmental entity, nor shall any such governmerit or governmental entity be subject to the payment of any rent required by this Act. SEC. 105. Notwithstanding any other provisions of this Act, the Commissioner is authorized, in his judgment and pursuant to regulations adopted and promulgated by the District of Columbia Council, to permit the occupancy of public space for minor uses without requiring rental payments when the fixing and collection of rental charges would not be feasible.

1157

^s Stat. 821.

TITLE II — R P: N T A L OF P U B L I C S P A C E ON OR A B O V E THE SURFACE SEC. 201. The District of Columbia Council is authorized to provide by regulation for the rental of portions of public space on or above the surface of the pavement or the ground, as the case may be, and not actually required for the use of the general public, for such period of time as the said space may not be so required or for any lesser period: Provided, That nothing herein contained shall be construed as requiring the Council to require the payment of rent as a condition to the use of public space (1) in accordance with the provisions of regulations promulgated under the authority of the first paragraph under the caption "District of Columbia" of the Act approved March 3, 1891 (26 Stat. 868), as amended (D.C. Code, sec. .5-204); (2) by a public utility company for the installation and ^'^ ^*^*' ^^5maintenance of any of its equipment or facilities, under permit issued by the District; or (3) for the sale of newspapers of general circulation: Provided further. That the proposed rental of public space Fine")^jr'r" °^ within the area of the District of Columbia subject to the provisions pr'"vai/ ^' ^^' of the Act approved May 16, 1930 (46 Stat. 366), as amended (D.C. Code, secs. 5-410 and 5-411), shall be submitted to the Commission of Fine Arts in accordance with the provisions of such Act of May 16, 1930. The regulations adopted by the District of Columbia Council shall provide that public space rented under the authority of this

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PUBLIC LAW 90-596-OCT. 17, 1968

[82

STAT.

title shall he rented only to the owner of property fronting and abutting such public space; that any person using such space shall not acquire any right, title, or interest therein; that both the United States and the District of Columbia, and the officers and employees of each of them, shall be held harmless for any loss or damage arising out of the use of such space, or the discontinuance of any such use; that the Commissioner may require such space to be vacated upon demand by him and its use discontinued, with or without notice, and with no recourse against either the United States or the District for any loss or damage occasioned by any such requirement; and that if any such use be not discontinued by the time specified by the Commissioner, the said (Commissioner may remove from such space any property left thereon or therein by any person using such space under the authority of this title, at the risk and expense of the owner of the real property abutting such space. SEC. 202. The District of Columbia Council shall by regulation provide for the payment of rent for the use of public space as authorized by this title. The annual rent for such space shall be a fair and equitable amount fixed by the Council from time to time in accordance wnth regulations adopted by it, generally establishing categories of use and providing that the rent for each category of use shall bear a reasonable relationship to the assessed value of the privately owned land abutting such spacej depending on the nature of the category of use and the extent to which the public space may be utilized for such purpose, but in no event shall the annual rent for the public space so utilized be at a rate of less than 4 per centum per annum of the current assessed value of an equivalent area of the privately owned space immediately abutting the public space so utilized. Such rent shall be payable m advance for such periods as may be fixed by the Council. I n the event the Commissioner requires any person using public space under the authority of this title to vacate all or part of any space for which rent has been paid, the Commissioner is authorized to refund so much of such prepaid rent as may be represented by the amount of space so vacated and by the length of time remaining in the period for which rent was paid. SEC. 203. The Commissioner is authorized, with respect to property subject to the requirements of section 2 of the Act approved May 31, 1900 (31 Stat. 248; D.C. Code, sec. 7-117), to allow the same use to be made of such property as, under the authority of this title, he allows to be made of the public space abutting such property. Any such use of such property shall be subject to the same conditions as are applicable to the use of the abutting public space, with the exception of the payment of rent. TITLE III—RENTAL OF SUBSURFACE PUBLIC SPACE

Repeal. Prior permits.

I s s u a n c e of permits. Conditions.

SEC. 301. Section 7 of the Act entitled "An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes", approved September 1, 1916 (39 Stat. 716), as amended (D.C. Code, sec. 7-901), is hereby repealed, and all permits for the use of public space issued under the authority of such Act are revoked as of the effective date of this title. SEC. 302. The Commissioner is authorized to issue a permit for the use of a vault constructed prior to the effective date of this Act, or for the construction of a vault after such effective date, only to the owner of the real property abutting the public space in which such vault is or will be located. The issuance of each such permit shall be conditioned on the prior execution by such owner of an agreement acknowledging.

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for himself, his heirs and assigns, (1) that no ri^-ht, title, or interest of the public is thereby acquired, waived, or abridged; (2) that the Commissioner may inspect such vault during regular business hours; (8) that the Commissioner may introduce or authorize the introduction into or through such vault with, right of entry for inspection, maintenance, and repair, of any water pipe, gas pipe, sewer, conduit, other pipe, or other public or public utility underground construction, which the Commissioner deems necessary m the public interest to place in or through such vault; (4) that such vault will be changed by the owner, or by the District at the expense of such owner, to conform with any change made in the street, roadway, or sidewalk width or grade; and (5) that rental for such vault will be paid to the District as required by this Act. A copy of such agreement shall be recorded in the office of the Recorder of Deeds by and at the expense of such owner. SEC. 308. The (Commissioner is authorized and directed to assess and collect rent from the owners of abutting property for any vault located in the public space abutting such property, unless such ^•ault shall have been removed, filled, sealed, or otnerwise rendered unusable in a manner satisfactory to the Commissioner. SEC. 804. Each owner of property abutting public space in which a Annual fixed vault is located shall pay an annual rent fixed from time to time by "^^^ the District of Columbia Council for such vault, but such annual rent shall not be less than $10, and such rent shall be subject to collection from said owner in the manner prescribed by this title, regardless of Avhether any use is made of such vault, and regardless of the extent of any use: Provided, That no rent for any rentalyear for a vault shall be charged to the owner of abutting property if said owner, prior to July 1 of such year, has notified the Commissioner in writing that he has abandoned such vault and has performed such work as may be required by the District in connection with the sealing off or filling of such vault, or both. SEC. 305. (a) The owner of property abutting public space in which Newiyany vault is located, as such owner may be recorded in the real estate vauus"'^'* assessment records of the District, shall pay the rent established in accordance with this title for such val. Such rent shall be payable annually for the year commencing July 1 and ending the following June 80, and shall be payable in full prior to the beginning of such year. In the case of vaults constructed between July 1 and January 1 of any year, one-half of the annual rent for any such vault, shall be payable in full prior to the first of January immediately following the completion of such val. In the case of vaults constructed between January 1 and July 1 of the succeeding year, no rent shall be charged for any vault completed within such period, but the owner of the property abutting the public space in which such vault is located shall, prior to the first of July immediately following the completion of any such vault, pay in full the annual rent for such vault, for the rental year commencing on such July 1. Interest at the rate of 1 per centum interest rate. for each month or part thereof shall be charged in every case in which rent is not paid on or before the date on which any payment required by this section shall become due. (b) In the event the Commissioner requires or allows any person vacating of using subsurface public space under the authority of this title to ^^prepaid rent, vacate, voluntarily or involuntarily, all or part of any space for which refund. rent has been paid, the Commissioner is authorized to refund so much of such prepaid rent as may be represented by the amount of space so vacated and by the length of time remaining m the period for which rent was paid: Provided, That the Commissioner may deduct from such prepayment any amount due the District in compensation for

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