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PUBLIC LAW 90-606-OCT. 18, 1968

[82 STAT.

ington Metropolitan Area Transit Commission shall certify to the Commissioner of the District of Columbia, with respect to each calendar month commencing with September 1968, and ending August 1971, all inclusive, an amount which is the difference between the total of all reduced fares paid during such calendar month to jsuch carrier by schoolchildren in accordance with this Act and the amount which would have been paid during that month to such carrier if such fares had been paid at the lowest adult fare established by the Commission for regular route transportation in that month. The certification required by this section shall be made for each such month as soon a^ practicable following the end thereof. The Commissioner of the District of Columbia, upon receiving any such certification, shall pay the carrier with respect to which that certification was filed an amount equal to the amount contained therein." Approved October 18, 1968.

Public Law 90-606 October 18, 19 68

[H. R. 551]

Biscayne National Monu-

AN

ACT

rpQ authorize the establishment of the Biscayne National Monument in the State cf Florida, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in order to -,

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ment, Fia. preserve and protect tor the education, inspiration, recreation, and Establishment, eujoymeut of present and future generations a rare combination of terrestrial, marine, and amphibious life in a tropical setting of great natural beauty, the Secretary of the Interior may establish the Biscayne ]S ational Monument within so much of the area in the State of Florida as generally depicted on the drawing entitled "Biscayne National Monument Boundary Map," numbered N M - B I S 7101, and dated May 1966, which drawing is superimposed on a photographic reproduction of a portion of Coast and Geodetic Survey Chart Numbered 1249 (eighth edition, December 20, 1965, correction numbered 22, dated May 28, 1966) as lies north of the north boundary of the channel easement shown thereon. The drawing shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary may revise the boundaries of the national monument from time to time, but the total acreage of the national monument shall not exceed ninety-six thousand three hundred acres and no boundary shall be revised outward or in such a manner as to obstruct any seaport channel which may be hereafter constructed outside the boundaries hereinbefore referred to. Land acquisigj,Q 2. (a) Within the boundaries of the Biscayne National Monution ment, the Secretary of the Interior may acquire lands, waters, or interests therein by donation, purchase with donated or appropriated funds, or exchange. The Secretary may in addition acquire by any of the above methods not more than eighty acres of land or interests therein on the mainland for a headquarters site, and not more than forty acres of land or interests therein on Key Largo for a visitor contact site. (b) When acquiring property by exchange the Secretary may accept title to any non-Federal property within the boundaries of the national monument, and outside of such boundaries within the limits prescribed in subsection (a) of this section, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction in the State of Florida which he classifies as

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1189

PUBLIC LAW 90-607-OCT. 21, 1968

suitable for exchange or other disposal. The vaUies of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. SEC. 3. Notwithstanding any other provision of this Act, lands and interests in land owned by the State of Florida or Dade County may be acquired solely by donation, and the Secretary shall not declare the Biscayne National Monument established until the State has transferred or agreed to transfer to the United States its right, title and interest in and to its lands within the boundaries of said national monument. The Secretary shall not acquire any other lands or interests in land pursuant to this Act except by donation or with donated funds until the State has made or obligated itself to make the aforesaid transfer: Provided, That nothing contained in this sentence shall preclude the Secretary from acquiring options for the purchase of lands and interests in land, other than lands and interests in land held by the State of Florida or Dade County, which are to be acquired pursuant to this Act and, upon the State's transferring or obligating itself to transfer as aforesaid, he shall proceed as expeditiously as possible to acquire the other lands and interests in land which are necessary to carry out the purposes of this Act. SEC. 4. The Secretary of the Interior shall preserve and administer the Biscayne National Monument in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 ^), as amended and supplemented. The waters within the Biscayne National Monument shall continue to be open to fishing in conformity with the laws of the State of Florida except as the Secretary, after consultation with appropriate officials of said State, designates species for which, areas and tnnes witliin which, and methods by which fishing is prohibited, limited or otherwise regulated in the interest of sound conservation or in order to achieve the purposes for which the national monument is established. SEC. O. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, but not to exceed $24,575,0 for land acquisition and $2,900,000 for development. Approved October 18, 1968.

Administration.

Fishing.

Appropriation.

Public Law 90-607 AN ACT Relating to the effective date of the 1966 change in the definition of earned income for purposes of pension plans of self-employed individuals.

October 21, 19 68 [H. R. 18253]

Be it enacted by the Senate and House of RepresentaUves of the United States of America in Congress assembled, That section 204(d) g^iTem lo ed of Public Law 89-809 (80 Stat. 1578) is amended by adding at the end indlvidi^^s"^pension thereof the following new sentence: "The amendment made by sub- pi^n^. section (c) shall a p ^ y with respect to taxable years beginning after 26 USC 401 note. December 31, 1967, and in the case of a taxpayer who applies the averaging provisions of section 401(e)(3) of the Internal Revenue Code of 1954 for a taxable year beginning after December 31, 1967, 76 Stat. 815. the computation of the amount deductible under section 404 of such Code for any prior taxable year which began before January 1, 1968, 68A Stat. 138. shall be made, for purposes of such averaging provisions, as if the amendment made by subsection (c) were applicable to such prior taxable year." Approved October 21, 1968.

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


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PUBLIC LAW 90-608-OCT. 21, 1968

[82 STAT.

Public Law 90-608 October 21, 1968 [H. R. 20 300]

AN ACT Making supplemental appropriations for the fiscal year ending June 30, 1969, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Supplemental United States of America in Congress assembled, That the following i9'69.°^^**°" *' sums are appropriated out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Appropriation Act, 1969") for the fiscal rear ending June 30, 1969, and for other purposes, namely: CHAPTEK I DEPARTMENT OF AGRICULTURE EXTENSION SERVICE COOPERATIVE EXTENSION WORK, PAYMENTS AND EXPENSES

Payments to States and Puerto Rico

Ante. p. 241.

For an additional amount for "Payments to States and Puerto Rico", for payments for extension worK under section 109 of the District of Columbia Public Education Act, as amended by the Act of j^^e20, 1968 (PublicLaw90-354),$75,000. CONSUMER AND MARKETING SERVICE FOOD STAMP P R O G R A M

For an additional amount for "Food stamp program", $55,000,000: Provided, That additional expenditures resulting from amounts provided in this paragraph shall be fully offset by sale of notes held by the Commodity Credit Corporation or other assets of the Department of Agriculture to prevent further expenditure reductions against existing programs pursuant to the Revenue and Expenditure Control Act Ante. p. 251.

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jggg^ COMMODITY EXCHANGE AUTHORITY SALARIES A N D EXPENSES

For an additional amount for "Salaries and expenses", $300,000. AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE INDEMNITY PAYMENTS TO DAIRY FARMERS Ante, p. 750.

For necessary expenses to carry out the provisions of the Act of August 13, 1968 (Public Law 90-484), $300,000: Prowe^ec?. That none of the funds contained in this Act shall be used to make indemnity payments to any farmer whose milk was removed from commercial markets as a result of his willful failure to follow procedures prescribed by the Federal Government.

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PUBLIC LAW 90-608-OCT. 21, 1968

1191

FARMERS H O M E ADMINISTRATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", including necessary expenses, not otherwise provided, for carrying out the responsibilities of the Secretary of Agriculture under sections 235 and 286 of the National Housing Act, as amended by sections 101(a), 201(a), respectively, of the Act of August, 1, 1968 (Public Law 90-448), $250,000.

Ante, p p. 477, 498.

S E L F - H E L P HOUSING LAND DEVELOPMENT F U N D

For direct loans pursuant to section 523(b)(1)(B) of the Housing Act of 1949 (42 U.S.C. 1471-1490) and related advances, $600,000, to remain available until expended.

^"'^' P* 554.

CHAPTER II DISTRICT OF COLUMBIA FEDERAL FUNDS LOANS TO THE DISTRICT OF COLUMBIA FOR CAPITAL OUTLAY

For an additional amount for "Loans to the District of Columbia for capital outlay", $7,902,000, to remain available until expended and to be advanced upon request of the Commissioner to the general fund. DISTRICT OF COLUMBIA F U N D S OPERATING EXPENSES

General Operating Expenses For an additional amount for "General operating expenses", $1,049,500. Public Safety For an additional amount for "Public safety", $68,000. Settlement of Claims and Suits For the payment of claims in excess of $250, in accordance with the provisions of the Act of Februarv 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131),$27,900. C A P I T A L OUTLAY

Capital Outlay For an additional amount for "Capital outlay", $10,590,000, to remain available until expended: Provided, That $2,688,000 of this amount shall not be available for expenditure until July 1, 1969: Provided further. That $2,404,000 shall be available for construction services by the Director of Buildings and Grounds or by contract for architectural engineering services, as may be determined by the (Commissioner. DIVISION OF E X P E N S E S

The sums appropriated herein for the District of Columbia shall be paid out of the general fund of the District of Columbia.

QA-ROn n - RQ

D.C. Code 1-902 to 1-906.

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 1192

PUBLIC LAW 90-608-OCT. 21, 1968

[82 STAT.

CHAPTEE III FOREIGN ASSISTANCE FUNDS A P P K O P R I A T E D TO THE P R E S I D E N T MILITARY ASSISTANCE

Foreign Military Credit Sales For expenses of financing sales of defense articles and defense services, as authorized by law, $296,000,000. CHAPTER IV INDEPENDENT OFFICES FEDERAL TRADE COMMISSION SAI>ARIES AND EXPENSES

Ante, p. 146.

For an additional amount for "Salaries and expenses", including carrying out the functions of the Federal Trade Commission under Title I of the Consumer Credit Protection Act of 1968 (Public Law 90-321), $300,000. GENERAL SERVICES ADMINISTRATION REAL PROPERTY ACTIVITIES CONSTRUCTION, PUBLIC BUILDINGS PROJECTS

Funds heretofore appropriated under the heading "General Services Administration, Construction, Public buildings projects", shall be available in the amount of $6,000,000, for the construction of the substructure, Courthouse and Federal Office Building, Philadelphia, Pennsylvania: Provided, That the foregoing amount shall be the maximum construction improvement cost which may be exceeded to the extent that savings are effected in other projects, but by not to exceed 10 per centum. OPERATING EXPENSES, NATIONAL ARCHH'ES A N D RECORDS SERVICE

For an additional amount for "Operating expenses. National Archives and Records Service", $748,000. ALLOWANCES A N D OFFICE FACILITIES FOR FORMER PRESIDENTS

For an additional amount for "Allowances and Office Facilities for Former Presidents", $40,000, and funds appropriated under this head shall be available hereafter for travel and related expenses of former Presidents and not to exceed two members of their staffs. SECURITIES AND EXCHANGE COMMISSION SALARIES A N D

EXPENSES

For an additional amount for "Salaries and expenses", $200,000.

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1193

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL INSURANCE PROGRAMS FLOOD INSURANCE

For necessary administrative expenses, not otherwise provided for, in carrying out the National Flood Insurance Act of 1968 (82 Stat. 572), $1,500,000. MORTGAGE CREDIT HOMEOWNERSHIP AND RENTAL HOUSING ASSISTANCE

For homeownership assistance payments, authorized by section 235. and for interest reduction payments as authorzied by section 236 o i the National Housing Act, as amended (82 Stat. 477 and 498), $7,000,000: Provided, That the total payments that may be required in any fiscal year by all contracts entered into under section 235 shall not exceed $25,000,000 and by those entered into under section 236 shall not exceed $25,000,000. LOW AND MODERATE INCOME SPONSOR FUND

For the low and moderate income sponsor fund, authorized by section 106 of the Housing and Urban Development Act of 1968 (82 Stat. 490), $500,000. FEDERAL HOUSING ADMINISTRATION SALARIES A N D E X P E N S E S

For necessary administrative expenses of programs of mortgage credit, not otherwise provided for, $625,000. Limitation on Administrative and Nonadministrative Expenses, Federal Housing Administration I n addition to amounts made available under this head for the current fiscal year, not to exceed $350,000 shall be available for administrative expenses and not to exceed $3,500,000 shall be available for nonadministrative expenses. DEPARTMENTAL MANAGEMENT FAIR HOUSING KTOGRAM

For expenses necessary to carry out the functions of the Secretary of Housing and Urban Development under the provisions of Title VIII of the Civil Rights Act of 1968 (82 Stat. 81), $2,000,000. RENEWAL AND HOUSING ASSISTANCE COLLEGE HOUSING

The total payments that may be required in any fiscal year by all contracts for annual grants with educational institutions entered into ursuant to section 401 of the Housing Act of 1950, as amended (82 tat. 604), shall not exceed $3,000,000.

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 1194

PUBLIC LAW 90-608-OCT. 21, 1968 SALARIES A N D

[82

STAT.

EXPENSES

For an additional amount for "Salaries and expenses", $500,000. GENERAL Office of Emergency P l a n n i n g. Name c h a n g e. SO u s e app. 2271 note.

Savings and loan holding companies. Acquisitions. Ante, p. 10.

PROVISIONS

SEC. 402. Reorganization Plan Numbered 1 of 1958, as amended, is further amended by striking out "Office of Emergency Planning" wherever appearing therein and inserting in lieu thereof "Office of Emergency Preparedness." Any reference in any other law to the Office of Emergency Planning shall, after the date of this Act, be deemed to refer to the Office of Emergency Preparedness. SEC. 403. Section 408(e)(1)(A) (iv) of the National Housing Act, as amended, is amended by striking the phrase "the control of any such institution" and inserting in lieu thereof the following: "except that the Corporation may upon application by such company extend such one-year period from year to year, for an additional period not exceeding three years, if the Corporation finds such extension is warranted and shall not be detrimental to the public interest". CHAPTER V DEPARTMENT OF THE INTERIOR BUREAU or INDIAN AFFAIRS EDUCATION AND WELFARE SERVICES

For an additional amount for "Education and welfare services", $1,452,000. BUREAU OF OUTDOOR RECREATION LAND AND WATER CONSERVATION

78 Stat. 900.

Ante, p. 9 3 1.

For a repayable advance to the Land and Water Conservation Fund, as authorized by Section 4(b) of the Land and Water Conservation F u n d Act of 1965, as amended (16 U.S.C. 4601-7, $53,000,000, to remain available until expended. For an additional amount for "Land and water conservation" to carry out the property acquisition provisions of the Act of October 2, 1968, Public Law 90-545 and the provisions of the Act of June 4, 1968 (82 Stat. 168), to be derived from the Land and Water Conservation Fund and to remain available until expended, $55,500,000, of which not to exceed $46,000,000 shall be for liquidation of obligations incurred pursuant to Section 3(b)(1) of said Act of October 2, 1968. NATIONAL PARK SERVICE MANAGEMENT AND PROTECTION

For an additional amount for "Management and protection", $325,000. M A I N T E N A N C E AND REHABILITATION OF PHYSICAL FACILITIES

For an additional amount for "Maintenance and rehabilitation of physical facilities", $125,000.

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PUBLIC LAW 90-608-OCT. 21, 1968

1195

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE PUBLIC HJIALTH SERVICE HEALTH SERVICES INDIAN HEALTH ACTIVITIES

For an additional amount for "Indian health activities", $850,000. CONSTRUCTION OF INDIAN HEALTH FACILITIES

For an additional amount for "Construction of Indian health facilities", $4,056,000, to remain available until expended. CHAPTER VI

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OFFICE OF EDUCATION ELEMENTARY AND SECONDARY EDUCATIONAL ACTIVRNES

There shall be available in an amount not to exceed $1,000,000 for necessary expenses for planning and implementation of the Handicapped Children's Early Education Assistance Act, Public Law 90538, to be derived from funds available for the purposes of Title III, Elementary and Secondary Education Act, as amended. '

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'

^"^^' ^'^°^si Stat. TSB. 20 USC 841-848.

SOCIAL AND REHABILITATION SERVICE JUVENILE DELINQUENCY PREVENTION AND CONTROL

For carrying out the purposes of the Juvenile Delinquency Prevention and Control Act of 1968, ^5,000 <000: Provided, That none of the funds contained herein shall be used to make grants, under Title I of said Act, in excess of the following: (1) $12,500 each to the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands, (2) $50,000 to each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. CHAPTER VII LEGISLATIVE BRANCH SENATE SALARIES, OFFICERS AND EMPLOYEES OFFICE OF THE SECRETARY

For an additional amount for office of the Secretary, $16,570: Provided, That the Secretary may employ a Curator of Art and Antiquities at not to exceed $22,089 per annum.

Ante, p. 462.

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 1196

PUBLIC LAW 90-608-OCT. 21, 1968

[82 STAT.

CONTINGENT EXPENSES OF THE SENATE MISCELLANEOUS ITEMS

For an additional amount for Miscellaneous Items, $11,250, for expenses of the Commission on Art and Antiquities of the Senate. HOUSE OF REPRESENTATIVES

For payment to Elizabeth Lee Pool, widow of Joe R. Pool, late a Representative from the State of Texas, $30,000. For payment to Emily J. Holland, widow of Elmer J. Holland, late a Representative from the State of Pennsylvania, $30,000. CONTINGENT EXPENSES OF THE HOUSE

Reporting Hearings For an additional amount for "Reporting hearings", $145,000. JOINT ITEMS

Joint Committee on Defense Production For an additional amount for "Joint Committee on Defense Production", $8,630. CAPITOL POLICE GENERAL EXPENSES

For an additional amount for "General expenses", $34,000. Education of Pages For an additional amount for "Education of pages", $18,581. LIBRARY OP CONGRESS SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $200,000. CHAPTER VIII PUBLIC WORKS DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION UPPER COLORADO RIVER STORAGE PROJECT

lllTceiS,.

For an additional amount for the "Upper Colorado River Storage Project" for the Upper Colorado River Basin Fund, $2,200,000, to remain available until expended, together with $500,000 to be derived by transfer to the F u n d from funds available under section 8 of the Act of April 11, 1956.

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PUBLIC LAW 90-608-OCT. 21, 1968

1197

INDEPENDENT OFFICES NATIONAL WATER COMMISSION SALARIES AND EXPENSES

For expenses necessary to carry out the Act of September 26, 1968 (Public Law 90-515), including compensation of the Executive Director at level IV of the Executive Schedule, $150,000.

^"'^' P- '^^* s use 5315.

CHAPTER IX S T A T E, J U S T I C E, COMMERCE, A N D THE J U D I C I A R Y DEPARTMENT OF COMMERCE FOREIGN DIRECT INVESTMENT CONTROL SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $500,000. CHAPTER X DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $250,000. FEDERAL AVIATION ADMINISTRATION OPERATIONS

For an additional amount for "Operations", $4,000,000. FEDERAL RAILROAD ADMINISTTJATION ALASKA RAILROAD REVOLVING FUND

Payment to the Alaska Railroad Revolving Fund For payment to the Alaska Railroad revolving fund for payment of approved contractor claims relating to authorized work of the Alaska Railroad, involving the reconstruction of the Seward Dock facilities destroyed as a result of the Alaska earthquake, $580,000, which may be made available to the Corps of Engineers for payment of such claims. URBAN MASS TRANSPORTATION ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses of the Urban Mass Transportation Administration, including uniforms and allowances therefor, as authorized by law (5 U.S.C. 5901-5902); hire of passenger motor vehicles; and serv- 8i*stft?206°*' ices as authorized by 5 U.S.C. 3109; $150,000, to be derived by transfer so Stat. 416. from the appropration for "Urban mass transportation grants".

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 1198

PUBLIC LAW 90-608-OCT. 21, 1968

[82 STAT.

CHAPTER XI TEEASURY DEPARTMENT BUREAU OF ACCOUNTS SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $1,878,000. INTERNAL EEVENUE SERVICE COMPLIANCE

For an additional amount for "Compliance", $1,000,000. EISENHOWER COLLEGE GRANTS

For matching grants for the construction of educational facilities at Eisenhower College, as authorized by law, $5,000,000, to remain available until expended. UNITED STATES SECRET SERVICE 79 Stat. 791.

Section 3056 of title 18, United States Code is amended by striking out the second clause and inserting in lieu thereof the following: "protect the person of a former President and his wife during his lifetime, the person of the widow of a former President until her death or remarriage, and minor children of a former President until they reach sixteen years of age, unless such protection is declined". EXECUTIVE OFFICE OF THE PEESIDENT COUNCIL OF ECONOMIC ADVISERS SALARIES A N D EXPENSES

For an additional amount for "Salaries and expenses", $150,000. CHAPTER XII CLAIMS AND J U D G M E N T S For payment of claims settled and determined by departments and agencies in accord with law and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in House Document Numbered 393, Ninetieth Congress, $35,238,696, together with such amounts as may be necessary to pay interest (as and when specified in such judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: Provided, That no judgment herein appropriated for shall be paid until it shall become final and conclusive against the United States by failure of the parties to appeal or otherwise: Provided further, That unless otherwise specifically required by law or by the judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of the Act.

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PUBLIC LAW 90-609-OCT. 21, 1968

1199

CHAPTER X III GENERAL PROVISIONS SEC. 1301. No part of any appropriation contained in this Act shall liJ^tat^'j^n^*'^'" remain available for obligation beyond the current fiscal year unless expressly so provided herein. REVENUE AND EXPENDITURE CONTROL ACT OF 1968

SEC. 1302. (a) Expenditures and net lending during the fiscal year ending June 30, 1969, by the Commodity Credit Corporation (not more than $907,000,000) for farm price supports (not including amounts for special activities) in excess of the amounts estimated therefor on page 239 of the Budget for 1969 ( H. Doc. 225, Part 1), land new obligational and loan authority heretofore or hereafter enacted for sudi fiscal year for such purposes in excess of the amounts estimated therefor on page 239 of the Budget for 1969, shall not be counted against the aggregate limitations on expenditures and net lending and new obligational authority and loan authority prescribed by Sections 202(a) and 203(a) of Title II of the Revenue and Expenditure Control Act of 1968. (b) Expenditures and net lending during the fiscal year ending June 30, 1969, by the Department of Health, Education, and Welfare (not more than $560,000,000) for grants to States for public assistance as authorized by the Social Security Act, as amended, in excess of the amounts estimated therefor on page 15 of the Budget for 1969 ( H. Doc. 225, Part 1), and new obligational and loan authority heretofore or hereafter enacted for such fiscal year for such purposes in excess of the amounts estimated therefor on pages 306 and 307 of the Budget for 1969, shall not be counted against the aggregate limitations on expenditures and net lending and new obligational authority and loan authority prescribed by Sections 202(a) and 203(a) of Title II of the Revenue and Expenditure Control Act of 1968.

Ante, p. 271.

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INDEPENDENT OFFICE NATIONAL COUNCIL ON INDIAN OPPORTUNITY SALARIES AND EXPENSES

For expenses necessary for the National Council on Indian Opportunity, including services as authorized by 5 U.S.C. 3109, $100,000, which shall be in addition to the amount authorized by Public Law

so Stat. 4i6.

90-550.

^"'e, p. 937.

Approved October 21, 1968. Public Law 90-609 AN ACT

To amend sections 281 and 344 of the Immigration and Nationality Act to eliminate the statutory prescription of fees, and for other purposes.

October 21, 1968

[H. R. 279 2]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 281 of inimigration and the Immigration and Nationality Act (66 Stat. 230; 8 U.S.C. 1351) as aml'ndmenf.  amended, is amended to read as follows: 79 Stat. 919.

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PUBLIC LAW 90-609-OCT. 21, 1968

[82 STAT.

" N O N I M M I G R A N T VISA FEES

"SEC. 281. The fees for the furnishing and verification of applications for visas by nonimmigrants of each foreign country and for the issuance of visas to nonimmigrants of each foreign country shall be prescribed by the Secretary of State, if practicable, in amounts corresponding to the total of all visa, entry, residence, or other similar fees, taxes, or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals or stateless residents: Provided, That nonimmigrant visas issued to aliens coming to the United States in transit to and from the headquarters district of the United Nations in accordance with the provisions of the Headquarters Agreement shall be gratis." SEC. 2. The reference to section 281 in the table of contents of the Immigration and Nationality Act is amended to read as follows: "Sec. 281. Nonimmigrant visa fees."

SEC. 3. Section 344(a), (b), and (g) of such Act (66 Stat. 264; 8 U.S.C. 1455) are respectively amended to read as follows: "SEC. 344. (a) The clerk of court shall charge, collect, and account for fees prescribed by the Attorney General pursuant to title V of the Independent Offices Appropriation Act, 1952 (65 Stat. 290) for the following: " (1) Making, filing, and docketing a petition for naturalization, including the final hearing on such petition, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the naturalization court. " (2) Receiving and filing a declaration of intention, and issuing a duplicate thereof. " (b) Notwithstanding the provisions of this Act or any other law, no fee shall be charged or collected for an application for declaration of intention or a certificate of naturalization in lieu of a declaration or a certificate alleged to have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any time after April 20, 1,698, and before July 5, 1902; or at any time after April 5, 1917, and before November 12, 1918; or who served on the Mexican border as a member of the Regular Army or National Guard between June 1916 and April 1917; or who has served or hereafter serves in the military, air, or naval forces of the United States after September 16, 1940, and who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever or refused to wear the uniform, or who was not at any time during such period or thereafter discharged from such military, air, or naval forces on account of alienage. •*(g) All fees collected, by the Attorney General, and all fees paid over to the Attorney General by clerks of courts under the provisions of this title, shall be deposited by the Attorney General in the Treasury of the United States: Provided, however, Tmit all f^ s received by the Attorney General or by the clerks of the courts from applicants residing in the Virgin Islands of the United States, and in Guam, under this title, shallbe paid over to the treasury of the Virgin Islands and to the treasury of Guam, respectively." Approved October 21, 1968.

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PUBLIC LAW 90-611-OCT. 21, 1%8

1201

Public Law 90-610 AN ACT October 21, 1968 [H. R. 10725] To ameDd the Act of August 4, 19o0 (64 Stat. 411), entitled "An Act relating to the policing of the buildings and grounds of the Library of Congress" to provide salary increases for members of the police force of the Library of Congress, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress aMembled^ That the first section of the Act of August 4, 1950 (64 Stat. 411; 2 U.S.C. 167) is amended to read as follows: " (a) The Librarian of Congress may designate employees of the Library of Congress as special policemen for duty in connection with the policing of the Library of Congress buildings and grounds and adjacent streets and shall fix their rates of basic pay as follows: " (1) Private—not to exceed the rate for GS-5, Step 5; " (2) Sergeant—^not to exceed the rate for GS-6, Step 5; "(3) Lieutenant—^not to exceed the rate for GS-7, Step 5; "(4) Senior Lieutenant—^not to exceed the rate for GS-9, Step "(5) Captain—not to exceed the rate for GS-10, Step 5. "(b) The Librarian of Congress may apply the provisions of subchapter V of chapter 55 of title 5, United States Code, to members of special police force of the Library of Congress." SEC. 2. Section 5102(c) of title 5, United States Code, is amended by(1) striking out "or" at the end of paragraph (25); (2) striking out the period at the end of paragraph (26) and inserting "; o r ' in place thereof; and (3) inserting the following new paragraph after paragraph "(27) members of the special police force of the Library of Congress whose pay is fixed under section 167 of title 2.". SEC. 3. The amendments made hj this Act shall take effect on the first day of the first pay period which begins on or after the date of enactment of this Act. Notwithstanding any provisions of this Act, no rate of basic pay shall be reduced by reason of the enactment of this Act. Approved October 21, 1968.
 * and

Library of Congress. Police force, salary increase.

5 USC 5332 note.

Premium pay. 5 USC 5541-5549. 80 Stat. 444; 81 Stat. 197.

Effective date.

Public Law 90-611 JOINT RESOLUTION October 21, 1968 Extending greetings and felicitations to Saint Louis University in the city of [H. J. Res. 691] Saint Louis, Missouri, in connection with the one hundred and fiftieth anniversary of its founding.

Resolved by the Senate and House of Representatives of the United States of America in Congress assemhted^ That the Government of the United States extends its greetings and felicitations to Saint Louis University, its president and board of trustees, its faculty and students, and urges the citizens of the United States to cooperate with the university anniversary observances to promote the deepening of human understanding and the enlargement of human knowledge for the common good of all men. Approved October 21, 1968.

St. Louis University. 150th anniversary.

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[82 STAT.

Public Law 90-612 October 21, 1968 [H. R. 3593]

Veterans. Nursing home care in Alaska and Hawaii. 78 Stat. 500.

72 Stat. 1141.

Termination of authority.

79 Stat. 1034. 41 USC 351. 80 Stat. 838. 29 USC 206. Federal employe e s, limitation. Exception. Ante, p. 270.

AN ACT To amend title 38 of the United States Code to provide nursing home care and contract hospitalization for certain veterans living in Alaska and Hawaii, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled. That subsection (a) of section 620 of title 38, United States Code, is amended by adding at the end thereof the following new sentence: "Any veteran who is furnished care by the Administrator in a hospital in Alaska or Hawaii may be furnished nursing home care under the provisions of this section even if such hospital is not under the direct and exclusive jurisdiction of the Administrator.". SEC._2. Clause (iii) of section 601(4)(C) of title 38, United States Code, is amended to read as follows: "(iii) for veterans of any war in a State, Territory, Commonwealth, or possession of the United States not contiguous to the forty-eight contiguous States, except that the annually determined average hospital patient load per thousand veteran population hospitalized at Veterans' Administration expense in Government and private facilities in each such noncontiguous State may not exceed the average patient load per thousand veteran population hospitalized by the Veterans' Administration within the fortyeight contiguous States; but authority under this clause (iii) shall expire on December 31, 1978." SEC. 3. Section 620 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: "(c) I n applying the provisions of section 2(b)(1) of the Service Contract Act of 1965 with respect to any contract entered into under this section to provide nursing home care of veterans, the payment of wages not less than those specified in section 6(b) of the F a i r Labor Standards Act of 1938, as amended, shall be deemed to constitute compliance with such provisions." SEC. 4. (a) The provisions of section 201 of the Revenue and Expenditure Control Act of 1968 shall not apply to employees of the Veterans' Administration in any month in which the number of such employees does not exceed the number of employees employed by such Administration on June 30, 1966. , (b) I n any month in which section 201 of the Revenue and Expenditure Control Act of 1968 does not apply to the Veterans' Administration by reason of the provisions of subsection (a) of this section, the employees of the Veterans' Administration shall not be taken into account in applying the provisions of such section 201 to other departments and agencies of the executive branch. Approved October 21, 1968.

Public Law 90-613 October 21, 1968

[H. R. 8364]

Allen Park, Mich. Land conveyance.

AN

ACT

To amend the joint resolution of March 24, 1937, to provide for the termination of the interest of the United States in certain real property in Allen Park, Michigan.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution of March 24, 1937 (50 Stat. 54), is amended by adding at the end the following new section: " S E C 2. (a) Subject to the provisions of subsection (b) of this

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PUBLIC LAW 90-614-OCT. 21, 1968

section, the Administrator of Veterans' Affairs, upon determining that approximately one acre out of said triangular tract is no longer to be used for the purpose and on the condition for which the same was donated to the United States, is authorized to execute a quitclaim deed to the heirs of the grantors conveying such one acre, the heirs of the grantors having expressed a desire to give said one acre to the city of Allen P a r k for a fire station site. Such quitclaim deed shall also contain covenants by said heirs that the one-acre parcel shall be conveyed by them to the city of Allen P a r k for use as a site for a fire station and shall be used in a manner that will not, in the judgment of the Administrator of Veterans' Affairs, or his designate, interfere with the care and treatment of patients in the nearby Veterans' Administration Hospital, Dearborn, Michigan; a condition that if it ever ceases to be so used, the title to said property shall immediately revert to the United States for the use of the Veterans' Administration; a provision that such covenants and conditions shall run with the land and be binding on the grantees, their heirs, successors, grantees and assigns; and such instrument shall further contain such additional terms and conditions as the Administrator shall deem appropriate to protect the interests of the United States. " (b) The exact legal description of said one acre (located at the corner of Outer Drive and Snow Road) shall be determined by the Administrator. The Administrator shall not execute and deliver the quitclaim deed authorized in subsection (a) of this section until said heirs shall have, at their own expense, caused the property to be surveyed and made arrangements, satisfactory to the Administrator, for the erection of a boundary line fence, nor until said heirs shall have executed and delivered to the United States a recordable instrument, in form satisfactory to the Attorney General, releasing to the United States all of their interests in such one-acre parcel and also releasing any right of reentry into the balance of said triangular tract which might accrue by reason of the termination of the use by the United States of said one acre thereof. The execution and delivery of said instrument shall be subject to such additional terms and conditions as the Administrator shall deem appropriate to protect the interests of the United States." Approved October 21, 1968.

Public Law 90-614 AN ACT

October 21, 1968

To prescribe administrative procedures for the District of Coluinbia government.

'••''"

Be It enacted by the Senate and Flouse of Representatives United States of America In Congress assembled.

District of

of the

SHORT TITLE

1. This Act may be cited as the "District of Columbia Administrative Procedure Act". SECTION

L_

Columbia Administrative Procedure Act.

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[82 STAT.

OTHER AUTHORITY

SEC. 2. This Act shall supplement all other provisions of law estab' lishing procedures to be observed by the Commissioner, the Council, and agencies of the District government in the application of laws administered by them, except that this Act shall supersede any such law and procedure to the extent of any conflict therewith. DEFINITION

SEC. 3. As used in this Act— (l)(a) the term "Commissioner" means the Commissioner of the District of Columbia, or his designated a^ent; (b) the term "Council" means the District of Columbia Council; (2) the term "District" means the District of Columbia; (3) the term "agency" includes both subordinate agency and independent agency; (4) the term "subordinate agency" means any officer, employee, office, department, division, board, commission, or other agency of the government of the District, other than an independent agency or the Commissioner or the Council, required by law or by the Commissioner or the Council to administer any law or any rule adopted under the authority of a law; (5) the term "independent agency" means any agency of the go>ernment of the District with respect to which the Commissioner and the Council are not authorized by law, other than this Act, to establish administrative procedures, but does not include the several courts of the District and the District of Columbia Tax Court; (6) the term "rule" means the whole or any part of any Commissioner's, Council's, or agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of the Commissioner, Council, or of any agency; (7) the term "rulemaking" means Commissioner's, Council's, or agency process for the formulation, amendment, or repeal of a rule; (8) the term "contested case" means a proceeding before the Commissoner, the Council, or any agency in which the legal rights, duties, or privileges of specific parties are required by any law (other than this Act), or by constitutional right, to be determined after a hearing before the Commissioner or the Council or before an agency, but shall not include (A) any matter subject to a subsequent trial of the law and the facts de novo in any court; (B) the selection or tenure of an officer or employee of the District; (C) proceedings in which decisions rest solely on inspections, tests, or elections; and (D) cases in which the Commissioner, Council, or an agency act as an agent for a court of the District; (9) the term "person" includes individuals, partnershijis, cor-

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porations, associations, and public or private organizations of any character other tlian the Commissioner, the Council, or an agency; (10) the term "party" includes the Commissioner, the Council, and any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any proceeding before the Commissioner, the Council, or an agency, but nothing herein shall be construed to prevent the Commissioner, the Council, or an agency from admitting the Commissioner, the Council, or any person or agency as a party for limited purposes; (11) the teran "order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of the Commissioner or Council or of any agency in any matter other than rulemaking, but including licensing; (12) the term "license" includes the whole or part of any permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission granted by the Commissioner, the Council, or any agency; (13) the term "licensing" includes process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license by the Commissioner or the Council or an agency; (14) the term "relief" includes the whole or part of any Commissioner's or Council's or agency (A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (B) recognition of any claim, right, immunity, privilege, exemption, or exception; and (C) taking of any other action upon the application or petition of, and beneficial to, any person; (15) the term "proceeding" means any process of the Commissioner or Council or an agency as defined in paragraphs (6), (11), and (12) of this section; and (16) the term "sanction" includes the whole or part of any Commissioner's or Council's or agency (A) prohibition, requirement, limitation, or other condition affecting the freedom of any person; (B) withholding of relief; (C) imposition of any form of penalty or fine; (D) destruction, taking, seizure, or withholding of property; (E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (F) requirement, revocation, or suspension of a license; and (G) taking of other compulsory or restrictive action. ESTABLISHMENT OF (JENERAL PROCEDURES

SEC. 4. (a) The Commissioner and the Council shall, for themselves and for each subordinate agency, establish or require each subordinate agency to establish procedures in accordance with this Act. (b) Each independent agency shall establish procedures in accordance with this Act. (c) The procedures required to be established by subsections (a) and (b) of this section shall include requirements of practice before the Commissioner and the Council and each agency.

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PUBLIC LAW 90-614-OCT. 21, 1968 OFFICIAL

" District of Columbia Regis ter."

STAT.

PUBLICATION

SEC. 5. (a) The Commissioner shall publish at regular intervals not less frequently than once every two weeks a bulletin to be known as the "District of Columbia Register," in which shall be set forth the full text of all rules filed in the office of the Commissioner during the j3eriod covered by each issue of such bulletin, except that the Commissioner may in his discretion omit from the District of Columbia Register rules the publication of which would be unduly cumbersome, expensive, or otherwise inexpedient, if, in lieu of such publication, there is included in the Register a notice stating the general subject matter of any rule so omitted and stating the manner in which a copy of such rule may be obtained. (b) All courts within the District shall take judicial notice of rules published or of which notice is given in the District of Columbia Register pursuant to this section. (c) Publication in the District of Columbia Register of rules adopted, amended, or repealed by the Commissioner or Council or by any agency shall not be considered as a substitute for publication in one or more newspapers of general circulation when such publication is required by statute. (d) The Commissioner is authorized to publish in the District of Columbia Register, in addition to rules published under authority contained in subsection (a) of this section, (1) cumulative indexes to regulations which have been adopted, amended, or repealed; (2) information on changes in the organization of the District government; (3) notices of public hearings; (4) codifications of rules; and (5) such other matters as the Commissioner may from time to time determine to be of general public interest. PUBLIC

Petitions.

[82

NOTICE

AND

PARTICIPATION

IN

RULEMAKING

SEC. 6. (a) The Commissioner and Council and each independent agency shall, prior to the adoption of any rule or the amendment or repeal thereof, publish in the District of Columbia Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law) notice of the intended action so as to afford interested persons opportunity to submit data and views either orally or in writing, as may be specified in such notice. The publication or service recjuired by this subsection of any notice shall be made not less than thirty days prior to the effective date of the proposed adoption, amendment, or repeal, as the case may be, except as otherwise provided by the Commissioner or Council or the agency upon good cause found and published with the notice. (b) Any interested person may petition the Commissioner or Council or an independent agency, requesting the promulgation, amendment, or repeal of any rule. The Commissioner and Council and each independent agency shall prescribe by rule the form for such petitions, and the procedure for their submission, consideration, and disposition. Nothing in this Act shall make it mandatoiy that the Commissioner or Council or any agency promulgate, amend, or repeal any rule pursuant to a petition therefor submitted in accordance with this section. (c) Notwithstanding any other provision of this section, if, in an emergency, as determined by the Commissioner or Council or an independent agency, the adoption of a rule is necessary for the immediate preservation of the public peace, health, safety, welfare, or morals, thfe Commissioner or Council or such independent agency may adopt

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1207

such rules as may be necessary in the circumstances, and such rule may become effective immediately. Any such emergency rule shall forthwith be published and filed in the manner prescribed in section 7 of this Act. No such rule shall remain in effect longer than one Inuidred and twenty days after the date of its adoption. F I L I N G AXD P T J B T. I S H I N C OF RULES

SEC 7. (a) Each agency, within thirty days after the effective date of this Act, shall file with the Commissioner a certified copy of all of its rules in force on such effective date. (b) The Commissioner shall keep a permanent regist-er open to public inspection of all rules. (c) Except in the case of emergency rules, each rule adopted after the effective date of this Act by the Commissioner or Council or by any agency, shall be filed in the office of the Commissioner. No such rule shall become effective until after its publication in the District ^ ^"i^f„^°"'" of Columbia Register, nor shall such rule become effective if it is D.C. R e g i s t e r. required by law, other than this Act, to be otherwise published, until such rule is also published as required in such law. C O M P n ^ A T I O N OF RULES

SEC. 8. (a) As soon as practicable after the effective date of this Act, the Commissioner shall have compiled, indexed, and published ^ ^"''Rt*;^^^!". ^" D.C. R e g i s t e r in the District of Columbia Register all rules adopted by the Com''"'^ ^^ " missioner and Council and each agency and in effect at the time of such compilation. Such compilations shall be promptly supplemented or revised as may be necessary to reflect new rules and changes in rules. (b) Compilations shall be made available to the public at a price fixed by the Commissioner. (c) The Commissioner must publish the first compilation required by subsection (a) of this section within one year after the effective date of this Act and no rule adopted by the Commissioner or by the Council or by any agency before the date of such first publication which has not been filed and published in accordance with this Act and which is not set forth in such compilation shall be in effect after one year after the effective date of this Act. DECLARATORY ORDERS

SEC. ^. On petition of any interested person, the Commissioner or Council or an agency, within their discretion, may issue a, declaratory order with respect to the applicability of any rule or statute enforceable by them or by it, to terminate a controversy (other than a contested case) or to remove uncertainty. A declaratory order, as provided in this section, shall be binding between the Commissioner or Council or the agency, as the case may be, and the petitioner on the state of facts alleged and established, unless such order is altered or set aside by a court. A declaratory order is subject to review in the manner provided in this Act for the review of orders and decisions in contested cases, except that the refusal of the Commissioner or Council or of an agency to issue a declaratory order shall not be subject to review. The Commissioner and the Council and each agency shall prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition.

96-600 O - 69 - 79

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PUBLIC LAW 90.614-OCT. 21, 1968

[82 STAT.

CONTESTIU) CASKS Notification of hearing.

Recordkeeping.

Proposed decision.

Written deci-

SEC. 10. (a) In any contested case, all parties thereto shall be given reasoi^ablc notice of the a.ft'orded hearing by the Commissioner or Council or the agency, as the case may be. The notice shall state the time, place, and issues involved, but if, by reason of the nature of the proceeding, the Commissioner or Council or the agency determine that the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable, and opportunity shall be afforded all parties to present evidence and argument with respect thereto. Unless otherwise required by law, other than this Act, any contested case may be disposed of by stipulation, agreed settlement, consent order, or deiault. (b) In contested cases, except as may otherwise be provided by law, other than this Act, the proponent of a rule or order shall have the burden of proof. Any oral and any documentary evidence may be received, but the Commissioner and Council and every agency shall exclude irrelevant, immaterial, and unduly repetitious evidence. Every party shall have the right to present in person or by counsel his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Where any decision of the Commissioner or Council or any agency in a contested case rests on official notice of a material fact not appearing in the evidence in the record, any party to such case shall on timely request be afforded an opportunity to show" the contrary. (c) The Commissioner or Council or the agency shall maintain an official record in each contested case, to include testimony and exhibits, but it shall not be necessary to make any transcription unless a copy of such record is timely requested by any party to such case, or transcription is required by law, other than this Act. The testimony and exhibits, together with all papers and requests filed in the proceeding, and all material facts not appearing in the evidence but with respect to which official notice is taken, shall constitute the exclusive record for order or decision. No sanction shall be imposed or rule or order or decision be issued except upon consideration of such exclusive record, or such lesser portions thereof as may be agreed upon by all the parties to such case. The cost incidental to the preparation of a copy or copies of a record or portion thereof shall be borne equally by all parties requesting the copy or copies. (d) Whenever in a contested case a majority of those who are to render the final order or decision did not personally hear the evidence, no order or decision adverse to a party to the case (other than the Commissioner or an agency) shall be made until a proposed order or decision, including findings of fact and conclusions of law, has been served upon the parties and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to a majority of those who are to render the order or decision, who, in such case, shall personally consider such portions of the exclusive record, as provided in subsection (c) of this section, as may be designated by any party. (e) Every decision and order adverse to a party to the case, rendered by the Commissioner or Council or an agency in a contested case, shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. Findings of fact and conclusions of law shall be supported by and in accordance with the reliable, probative, and substantial evidence. A

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copy of the decision and order and accompanying findings and conclusions shall be given by the Commissioner or Council or the agency, as the case may be, to each party or to his attorney of record. JUDICIAL REVIEW

SEC. 11. Any person sutfering a legal wrong, or adversely aifected or aggrieved, by an order or decision of the Commissioner or Council or an agency in a contested case, is entitled to a judicial review thereof in accordance with this Act upon filing in the District of Columbia Court of Appeals a written petition for review, except that orders and decisions of the Board of Zoning Adjustment, Commission of Mental Health, Public Service Commission, Redevelopment T^and Agency, and the Zoning Commission shall be subject to judicial review in those courts which review the orders and decisions of those agencies on the day before the date of enactment of this Act and such judicial review shall be in accordance with the law in effect on the date immediately preceding the effective date of this Act establishing requirements and standards for review of orders and decisions of those agencies or, if no such requirements or standards are in effect on such date, then such review shall be in accordance with this Act. If the jurisdiction of the Commissioner or Council or an agency is challenged at any time in any proceeding and the Commissioner or Council or the agency, as the case may be, takes jurisdiction, the person challenging jurisdiction shall be entitled to an immediate judicial review of that action, unless the court shall otherwise hold. The reviewing court may by rule prescribe the forms and contents of the petition and, subject to this Act, regulate generally all matters relating to proceedings on such appeals. A petition for review shall be filed in such court within such time as such court may by rule prescribe and a copy of such petition shall forthwith be served by mail by the clerk of the court upon the Commissioner or Council or upon the agency, as the case may be. Within such time as may be fixed by rule of the court the Commissioner or Council or such agency shall certify and file in the court the exclusive record for decision and any supplementary proceedings, and the clerk of the court shall immediately notify the petitioner of the filing thereof. Upon the ^ S.^°P« ^'^ filing of a petition for review, the court shall have jurisdiction of the limitations. proceeding, and shall have power to affirm, modify, or set aside the order or decision complained of, in whole or in part, and, if need be, to remand the case for further proceedings, as justice may require. Filing of a petition for review shall not in itself stay enforcement of the order or decision of the Commissioner or Council or the agency, as the case may be. The Commissioner or Council or the agency may grant, or the reviewing court may order, a stay upon appropriate terms. The court shall hear and determine all appeals upon the exclusive record for decision before the Commissioner or Council or the agency. The review of all administrative orders and decisions by the court shall be limited to such issues of law or fact as are subject to review on appeal under applicable statutory law, other than this Act. In all other cases the review by the court of administrative orders and decisions shall be in accordance with the rules of law which define the scope and limitations of review of administrative proceedings. Such rules shall include, but not be limited to, the power of the court— (1) so far as necessary to decision and where presented, to decide all relevant questions of law, to interpret constitutional and statutory provisions, and to determine the meaning or applicability of the terms of any action;

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77 Stat. 479, 612. Effective date.

PUBLIC LAW 90-615-OCT. 21, 1968

[82 STAT.

(2) to compel agency action unlawfully withheld or unreasonably delayed; and (8) to hold unlawful and set aside any action or findings and conclusions found to be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations or short of statutory jurisdiction, authority, or limitations or short of statutory rights; (D) without observance of procedure required by law, including any applicable procedure provided by this Act; or (E) unsupported by substantial evidence in the record of the proceedings before the court. In reviewing administrative orders and decisions, the court shall review such portions of the exclusive record as may be designated by any party. The court may invoke the rule of prejudicial error. Any party aggrieved by any judgment of the District of Columbia Court of Appeals under this Act may seek a review thereof hj the United States Court of Appeals for the District of Columbia Circuit in accordance with sections 11-321, 17-101, 17-102, 17-103, and 17-104 of the District of Columbia Code. SEC. 12. This Act shall become effective one year after the date of its enactment. Approved October 21, 1968.

Public Law 90-615 October 21, 1968 [H. R. 7735]

Alumina and bauxite. Duty suspension, e x t e n s i o n. 80 Stat. 192.

46 Stat. 734. 19 USC 1514. 72 Stat. 1346. 26 USC 5134.

AN ACT To continue for three years the existing suspension of duties on certain alumina and bauxite, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) items 907.15 (relating to aluminum oxide (alumina) when imported for use in producing aluminum), 909.30 (relating to bauxite, calcined), and 911.05 (relating to bauxite ore) of the Tariff Schedules of the United States (19 U.S.C. 1202) are each amended by striking out "7/15/68" and inserting in lieu thereof "7/15/71". (b) The amendments made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after July 15, 1968. Upon request therefor filed with the customs officer concerned on or before the 120th day after the date of the enactment of this Act, entries and withdrawals of articles described in items 907.15, 909.30, and 911.05 of the Tariff Schedules of the United States (as amended by subsection (a)) which were made after July 15, 1968, and before the date of the enactment of this Act shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entries or withdrawals had been made on the date of the enactment of this Act. SEC. 2. (a) Section 5134(b) of the Internal Revenue Code of 1954 (relating to claims for drawback of distilled spirits taxes on account of certain nonbeverage uses) is amended by striking out in the last sentence thereof "3 months" and inserting in lieu thereof "6 months". (b) The amendment made by subsection (a) shall apply with respect to claims filed on or after the date of the enactment of this Act.

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PUBLIC LAW 90-615-OCT. 21, 1968

SEC. 3. (a) Items 911.10 (relating to copper waste and scrap), 911.11 (relating to articles of copper), 911.13 (relating to copper bearing ores and materials), 911.14 (relating to cement copper and copper precipitates), 911.15 (relating to black copper, blister copper, and anode copper), and 911.16 (relating to other unwrought copper) of the Tariff vSchedules of the United States (19 U.S.C. 1202) are each amended by striking out ''6/30/68*' and inserting in lieu thereof "6/30/70 (see headnote 3 of this subpart)". (b) The headnotes of subpart B of part 1 of the Appendix to the Tariff Schedules of the United States are amended by adding at the end thereof the following new headnote: "3. (a) Items 911.10, 911.11, 911.13, 911.14, 911.15, and 911.16 shall not apply when the market price of copper is under 36 cents per pound. "(b) For purposes of subparagraph (a), the market price of copper has the meaning assigned to it by headnote 5(b) of the headnotes of schedule 6, part 2, subpart C. "(c) For [purposes of subparagraph (a), the market price of copper shall be considered to be under 36 cents per pound only on and after the 20th day after the date of a report by the Ignited States Tariff Commission to the Secretary of the Treasury that it has determined that the market price has been under 36 cents per pound for one calendar month. After any such report, the market price shall be considered as not being under 36 cents per pound only on and after the 20th day after the date of a report by the Commission to the Secretary that it has determined that the market price has been 36 cents or more per pound for one calendar month. " (d) Determinations by the Commission under this headnote shall be made in the manner prescribed by headnote 5(e) of schedule 6, part 2, subpart C." (c) The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after June 30, 1968. Upon request therefor filed with the customs officer concerned on or before the 120th day after the date of the enactment of this Act, entries and withdrawals of articles described in items 911.10, 911.11, 911.13, 911.14, 911.15, and 911.16 of the Tariff Schedules of the United States (as amended by subsection (a)) which were made after June 30, 1968, and before the date of enactment of this Act shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entries or withdrawals had been made on the date of the enactment of this Act. SEC. 4. Part 4 of schedule 8 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after item 854.10 the following new item: 854.20

Cellulosic plastics materials imported for use in artificial kidney machines or apparatus by a hospital or by a patient pursuant to prescription of a physician Free

Copper, Duty s u s p e n sion, extension.

80 Stat. 218.

81 Stat. 776.

77A Stat. 2 7 5; Post, p. 1478.

46 Stat. 734. 19 USC 1514.

77A Stat. 419.

The Column 2 rate applicable in the absence of this item

(b) Headnote 1 of such part 4 is amended by striking out "and 852.20" and inserting in lieu thereof ", 852.20, and 854.20". (c) The amendments made by subsections (a) and (b) shall apply with respect to articles entered or withdrawn from warehouse for consumption on or after the date of the enactment of this Act. Approved October 21, 1968.

80 Stat. 899.

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PUBLIC LAW 90-616-OCT. 21, 1968

[82 STAT.

Public Law 90-616 October 21, 1968 [S. 4120]

Federal employees. U.S. claims for overpayment, waiver. 80 Stat. 495. 5 USC 55815583.

Time limitation.

Refunds.

Savings provision.

AN ACT To amend title 5, United States Code, to authorize the waiver, in certain cases, of claims of the United States arising out of erroneous payments of pay to employees of the executive agencies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subchapter VIII of chapter 55 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 5584. Claims for overpayment of pay " (a) A claim of the United States against a person arising out of an erroneous payment of pay, on or after July 1, 1960, to an employee of an executive agency, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by— " (1) the Comptroller General of the United States; or "(2) the head of the executive agency when— " (A) the claim is in an amount aggregating not more than $500; " (B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable official; and " (C) the waiver is made in accordance with standards which the Comptroller General shall prescribe. " (b) The Comptroller General or the head of the executive agency, as the case may be, may not exercise his authority under this section to waive any claim— " (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim; or " (2) after the expiration of three years immediately following the date on which the erroneous payment of pay was discovered or three years immediately following *the effective date of this section, whichever is later. "(c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the employing agency at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that employing agency for that refund within two years following the effective date of the waiver. The employing agency shall pay that refund in accordance with this section. " (d) I n the audit and settlement of the accounts of any accountable official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. " (e) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. " (f) This section does not affect any authority under any other statute to litigate, settle, compromise, or waive any claim of the United States.". (b) The table of contents of subchapter VIII of chapter 55 of title 5, United States Code, is amended by inserting the following new item immediately below item 5583; "5584. Claims for overpayment of pay.". Approved October 21, 1968.

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Page:United States Statutes at Large Volume 82.djvu/1255

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PUBLIC LAW 90-618-OCT. 22, 1968

1213

Public Law 90-617 AN ACT To amend >4eftion 2 of the Act of June 30, 1954, as amended, providing for the continuance of civil government for the Trust Territory of the Pacific Islands.

Be it enacted by the Senate and House of Reprefientatives of the United States of America in Congress assembled. That section 2 of the Act of June 30, 1954 (68 Stat. 330), as amended, is amended by deleting -'and $35,000,000 for each of the fiscal years 1968 and 1969," and inserting in lieu thereof a comma and the following: "for fiscal year 1969, $5,000,000 in addition to the sums heretofore appropriated, for fiscal year 1970, $50,000,000 and for fiscal year 1971, $50,000,000". SEC. 2. The Act of June 30, 1954 (68 Stat. 330), as amended, is amended by adding a new section 3 as follows: "SEC. 3. There are hereby authorized to be appropriated such sums as the Secretary of the Interior may find necessary, but not to exceed $10,000,000 for any one year, to alleviate suft'ering and damage resulting from major disasters that occur in the Trust Territory of the Pacific Islands. Such sums shall be in addition to those authorized in section 2 of this Act and shall not be subject to the limitations imposed by section 2 of this Act. The Secretary of the Interior shall determine whether or not a major disaster has occurred in accordance with the principles and policies of section 2 of the Act of September 30, 1950 (64 Stat. 1109), as amended (42 U.S.C. 1855a)."

October 21, 1968 [S. 3207]

Pacific Trust Territory, civil government. Appropriation. 81 Stat. IS. 48 USC 1681 note.

Disaster relief.

76 Stat. 111.

Approved October 21, 1968. Public Law 90-618 AN ACT

October 22, 1968

To amend title 18, United States Code, to provide for better control of the interstate traffic in firearms.

[H. R. 17735]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assenwled, That this Act may be cited as the "Gun Control Act of 1968".

^Q"*

TITLE I — S T A T E F I R E A R M S CONTROL A S S I S T A N C E PURPOSE

SEC. 101. The Congress hereby declares that the purpose of this title is to provide support to Federal, State, and local law enforcement officials in their fight against crime and violence, and it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisi-

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Page:United States Statutes at Large Volume 82.djvu/1256

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Ante, p. 226.

PUBLIC LAW 90-618-OCT. 22, 1968

[82 STAT.

tion, possession, or use of firearms appropriate to the purpose of liunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title. g^^^ -^Q^. Chapter 44 of title 18, United States Code, is amended to read as follows: "Chapter 44.—FIREARMS "Sec. "921. Definitions. "922. Unlawful acts. "923. Licensing. "924. Penalties. "925. Exceptions: Relief from disabilities. "926. Rules and regulations. "927. Effect on State law. "928. Separability clause. <'§921. Definitions " (a) As used in this chapter— "(1) The term 'person' and the term 'whoever' include any individual, corporation, company, association, firm, partnership, society, or joint stock company. "(2) The term 'interstate or foreign commerce' includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). " (3) The term 'firearm' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel H projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. "(4) The term destructive device'means— " (A) any explosive, incendiary, or poison gas— " (i) bomb, "(ii) grenade, " (iii) rocket having a propellant charge of more than four ounces, "(iv) missile having an explosive or incendiary charge of more than one-quarter ounce, "(v) mine, or "(vi) device similar to any of the devices described in the preceding clauses;

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PUBLIC LAW 90-618-OCT. 22, 1968

" (B) any type of weapon (other than a shotgun or a shotgxm shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and " (C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled. The term 'destructive device" shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10; or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting purposes. "(5) The term ' s h o t ^ n ' means a weapon designed or redesigned, made or remade, and intended to l>e fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. " (6) The term 'short-barreled shotgun' means a shotgam having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whetner by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than twenty-six inches. " (7) The term 'rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and d e s i r e d or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. "(8) The term 'short-barreled rifle' means a rifle having one or more barrels less than sixteen inches in l e n ^ h and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches. "(9) The tenn 'importer' means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; and the term 'licensed importer' means any such person licensed under the provisions of this chapter. "(10) The term 'manufacturer' means any person engaged in the manufacture of firearms or ammunition for purposes of sale or dis-

1215

70A Stat. 263.

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i!.'i-"''o'i!f=!",

Federal Register

PUBLIC LAW 90-618-OCT. 22, 1968

[82 STAT.

tribution; and the term 'licensed manufacturer' means any such, person licensed under the provisions of this chapter. "(11) The term 'dealer' means (A) any person engaged in the business of selling firearms or ammunition at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term 'licensed dealer means any dealer who is licensed under the provisions of this chapter. "(12) The term 'pawnbroker' means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm or ammunition as security for the payment or repayment of money. "(13) The term 'collector' means any person who acquires, holds, or disposes of firearms or ammunition as curios or relics, as the Secretary shall by regulation define, and the term 'licensed collector' means any such person licensed under the provisions of this chapter. "(14) The term 'indictment' includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted. "(15) The term 'fugitive from justice' means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding. "(16) The term 'antique firearm' means— " (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and " (B) any replica of any firearm described in subparagraph (A) if such replica— " (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or "(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. " (17) The term 'ammunition' means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm. " (18) The term 'Secretary' or 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate. "(19) The term 'published ordinance' means a published law of any political subdivision of a State which the Secretary determines to be relevant to the enforcement of this chapter and which is contained ^^ Federal Register, revised annually, and furnished to each licensee under this chapter. "(20) The term 'crime punishable by imprisonment for a term exceeding one year' shall not include (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Secretary may by regulation designate, or (B) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. "(b) For the purposes of this chapter, a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located. " (a) I t shall be unlawful— " (1) for any person, except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing,
 * ^ ^ ^^^^ compiled by the Secretary, which list shall be published in the
 * §922. Unlawful acts

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Page:United States Statutes at Large Volume 82.djvu/1259

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PUBLIC LAW 90-618-OCT. 22, 1968

manufacturing, or dealing in firearms or ammunition, or in the course of such business to ship, transport, or receive any firearm or ammunition in interstate or foreign commerce; "(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm or ammunition to any person other than a licensed importer, licensed manufacturer, \ o /M = ^• ^^ ? licensed dealer, or licensed collector, except that— o> " (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, or licensed dealer for the sole purpose of repair or customizing; " (B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the 63 62 Stat. 781; Stat. 95. mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in comiection with his official duty; and " (C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States; "(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B).shall not apply to the transportation or receipt of a rifle or shotgun obtained in conformity with the provisions of subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquireni in any State prior to the effective date of this chapter; "(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (a.s defined in section 5845 of the Internal Revenue Code of 1954), short-barreled shotgun, or short-barreled rifle, except as Post, p. 1231. specifically authorized by the Secretary consistent with public safety and necessity; "(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe resides in a^^v State other than that in

1217

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PUBLIC LAW 90-618-OCT. 22, 1968

. t,^ ^

[82 STAT.

which the transferor resides (or other than that in which its place of business is located if the transferor is a corporation or other business entity); except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; and "(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter. " (b) I t shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— r~ "(1) any firearm or ammunition to any individual who the I licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other 1 than a s h o t ^ n or rifle, or ammunition for a shotgun or rifle, I to any individual who the licensee knows or has reasonable cause [ to believe is less than twenty-one years of age. "(2) any firearm or ammunition to any person in any State where the purchase or possession by such person of such firearm or ammunition would he in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance; "(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of a. rifle or shotgun to a resident of a State contiguous to the State in which the licensee's place of business is located if the purchaser's State of residence permits such sale or delivery by law, the sale fully complies with the legal conditions of sale in both such contiguous States, and the purchaser and the licensee have, prior to the sale, or delivery for sale, of the rifle or shotgun, complied with all of the requirements of section 922(c) applicable to intrastate transactions other than at the licensee's business premises, (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful s^wrting purposes, and (C) shall not preclude any i^erson who is participating in any organized rifle or shotgun match or contest, or is engaged in hunting, in a State other than his State of residence and M'hose rifle or shotgun has been lost or stolen or has become inoperative in such other State, from purchasing a rifle or shotgun in such other State from a licensed dealer if such person presents to such dealer a sworn statement (i) that his rifle or shotgun was lost or stolen or became inoperative while participating in such a match or contest, or while engaged in hunting, in such other State, and (ii) identifying the chief law enforcement officer of the locality in which such person resides, to whom such licensed dealer shall forward such statement by registered mail;

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1219

PUBLIC LAW 90-618-OCT. 22, 1968

"(4) to any person any destructive device, niachinegun (as defined in section 5845 of the Interna,! Revenue Code of 1954), Short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Secretary consistent with public safety and necessity; and " (5) any firearm or ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is a.n individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity. Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors. Paragraph (4) of this subsection shall not apply to a sale or delivery to any research organization designated by the Secretary. "(c) I n any case not otherwise prohibited by this chapter, a licensed importer, licensed manufacturer, or licensed dealer may sell a firearm to a person who does not appear in person at the licensee's business premises (other than another licensed importer, manufacturer, or dealer) only if— " (1) the transferee submits to the transferor a sworn statement in the following form: " 'Subject to penalties provided by law, I swear that, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age; that I am not prohibited by the provisions of chapter 44 of title 18, United States Code, from receiving a firearm in interstate or foreign commerce; and that my receipt of this firearm will not be in violation of any statute of the State and published ordinance applicable to the locality in which I reside. Further, the true title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered are Signature Date ' and containing blank spaces for the attachment of a true copy of any permit or other information required pursuant to such statute or published ordinance; "(2) the transferor has, prior to the shipment or delivery of the firearm, forwarded by registered or certified mail (return receipt requested) a copy of the sworn statement, together with a description of the firearm, in a form prescribed by the Secretary, to the chief law enforcement officer of the transferee's place of residence, and has received a return receipt evidencing delivery of the statement or has had the statement returned due to the refusal of the named addressee to accept such letter in accordance with United States Post Office Department regulations; and "(3) the transferor has delayed shipment or deliverj for a period of at least seven days following receipt of the notification of the acceptance or refusal of delivery of the statement. A copy of the sworn statement and a copy oi the notification to the local law enforcement officer, together with evidence of receipt or rejection of that notification shall be retained by the licensee as a part of the records required to be kept under section 923(g).

Post,

p. 1231.

Recordkeeping.

Ante, p. 1214.

Recordkeeping.

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Trusc 32^K^ 74 Stat. 57. 26 USC 4731.

PUBLIC LAW 90-618-OCT. 22, 1968

[82 STAT.

" (d) I t shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— " (1) is under indictment for, or has been convicted in a n j court of, a crime punishable by imprisonment for a term exceeding one year; "(2) is a fugitive from justice; "(3) is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); Qj.

"(4) has been adjudicated as a mental defective or has been committed to any mental institution. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of this chapter. "(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. "(f) I t shall be unlawful for any common or contract carrier to transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment, transportation, or receipt thereof would be in violation of the provisions of this chapter. " (g) I t shall be unlawful for any person— "(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; "(2) who is a fugitive from justice; "(3) who is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); or "(4) who has been adjudicated as a mental defective or who has been committed to a mental institution; to ship or transport any firearm or ammunition in interstate or foreign commerce. " (h) I t shall be unlawful for any person— "(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; "(2) who is a fugitive from justice;

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