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267

is not an exempt person (within the meaning of paragraph (3)), and " (B) the payment of the principal or interest on which (under the terms of such obligation or any underlying arrangement) is, in whole or in major part— " (i) secured by any interest in property used or to be used in a trade or business or in payments in respect of such property, or "(ii) to be derived from payments in respect of property, or borrowed money, used or to be used in a trade or business.

' " (8) EXEMPT PERSON.—For purposes of paragraph (2)(A),

the term 'exempt person' means— " (A) a governmental unit, or Stat. 163. " (B) an organization described in section 501(c)(3) and 68A s e 501. 26 u exempt from tax under section 501(a) (but only with respect to a trade or business carried on by such organization which is not an unrelated trade or business, determined by applying section 513(a) to such organization). "(4,) CERTAIN EXEMPI' ACITVITIES.—Paragraph (1) shall not apply to any obligation which is issued as part of an issue substantially all of the proceeds of which are to be used to provide— " (A) residential real property for family units, " (B) sports facilities, " (C) convention or trade show facilities, " (D) airports, docks, wharves, mass commuting facilities, l^arking facilities, or storage or training facilities directly related to any of the foregoing, " (E) sewage or solid waste disposal facilities or facilities for the local furnishing of electric energy, ^as, or water, or " (F) air or water pollution control facilities. "(5) INDUSTRIAL PARKS.—Paragraph (1) shall not apply to any obligation issued as part of an issue substantially all of the proceeds of which are to be used for the acquisition or development of land as the site for an industrial park. For purposes of the "Development of preceding sentence, the term 'development of land' includes the ^^"'^ provision of water, sewage, drainage, or similar facilities, or of transportation, power, or communication facilities, which are incidental to use of the site as an industrial park, but, except with respect to such facilities, does not include the provision of structures or buildings. "(6)

EXEMPTION FOR CERTAIN SMALL ISSUES.—

" (A) IN GENERAL.—Paragraph (1) shall not apply to any obligation issued as part of an issue the aggregate authorized face amount of which is $1,000,000 or less and substantially all of the proceeds of which are to be used (i) for the acquisition, construction, reconstruction, or improvement of land or property of a character subject to the allowance for depreciation, or (ii) to redeem part or all of a prior issue which was issued for purposes described in clause (i) or this clause. "(B)

CERTAIN PRIOR ISSUES TAKEN INIX) ACCOUNT.—If—

" (i) the proceeds of two or more issues of obligations (whether or not the issuer of each such issue is the same) are or will be used primarily with respect to facilities located in the same incorporated municipality or located in the same county (but not in any incorporated municipalit;5f)» "(li) the principal user of such facilities is or will be the same person or two or more related persons, and

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[82 STAT.

"(iii) but for this subparagraph, subparagraph (A) would apply to each such issue, then, for purposes of subparagraph (A), in determining the aggregate face amount of any later issue there shall be taken into account the face amount of obligations issued under all prior such issues and outstanding at the time of such later issue (not including as outstanding any obligation which is to be redeemed from the proceeds of the later issue). " (C) RELATED PERSONS.—For purposes of this paragraph and paragraph (7), a person is a related person to another person if— " (i) the relationship between such persons would result in a disallowance of losses under section 267 or 707(b), or "(ii) such persons are members of the same controlled group of corporations (as defined in section 1563(a), except that 'more than 50 percent' shall be substituted for 'at least 80 percent' each place it appears therein). "(7) EXCEPTION.—Paragraphs (4), (5), and (6) shall not apply with respect to any obligation for any period during which it is held by a person who is a substantial user of the facilities or ^ a related person."

68A Stat. 78. 26 USC 267.

78 Stat. 120.

/'' (b) EFFECTIVE DATE.—

I 1 i

(1) IN GENERAL.—Except as provided by paragraph (2), the amendment made by subsection (a) shall apply to taxable years ending after April 30, 1968, but only with respect to obligations issued after such date. (2) TRANSITIONAL PROVISIONS.—Section 103(c)(1) of the

b

^ \ \ \ i I

1

I i

80 Stat. 66.

In-

ternal Revenue Code of 1954, as amended by subsection (a), shall not apply with respect to any obligation issued before January 1, 1969, if before May 1, 1968— (A) the issuance of the obligation (or the project in connection with which the proceeds of the obligations are to be used) was authorized or approved by the governing body of the governmental unit issuing the obligation or by the voters of such governmental unit; (B) in connection with the issuance of such obligation or with the use of the proceeds to be derived from the sale of such obligation or the property to be acquired or improved with such proceeds, a governmental unit has made a significant financial commitment; (C) any person (other than a governmental unit) who will use the proceeds to be derived from the sale of such obligation or the property to be acquired or improved with such proceeds has expended (or has entered into a binding contract to expend) for purposes which are related to the use of such proceeds or property, an amount equal to or in excess of 20 percent of such proceeds; or (D) in the case of an obligation issued in conjunction with a project where financial assistance will be provided by a governmental agency concerned with economic development, such agency has approved the project or an application for financial assistance is pending.

SEC. 108. ADVERTISING IN A POLITICAL CONVENTION PROGRAM. (a) ALLOWANCE OF DEDUCTION.—Section 276 (relating to certain

indirect contributions to political parties) is amended by redesignating subsection (c) as (d), and by inserting after subsection (b) the following new subsection:

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Rh "If we only recover the money, we'll be doing well," remarked Mr. Sharp.

Suddenly there came a shout from the fringe of woods surrounding the camp, and an instant later there burst from the bushes a number of men.

"My posse!" cried the sheriff. "We ought to be down now!"

The airship was a hundred feet above the ground, but Tom, opening wider the gas outlet, sent the craft more quickly down. Then, just as it touched the earth, he forced a mass of vapor into the container, making the ship buoyant so as to reduce the shock.

An instant later the ship was stationary.

Out leaped the sheriff.

"Give it to 'em, men!" he shouted.

With a yell his men responded, and fired a volley in the air.

"Come on, Tom!" called Mr. Sharp. "We'll make for the hut where you saw Morse."

"I'll come too! I'll come too!" cried Mr. Damon, rushing along as fast as he could, a seltzer bottle in either hand.

Tom's chief interest was to reach the men he suspected were the bank robbers. The lad dashed through the woods toward the hut near which he had seen Morse. He and Mr. Sharp reached it about the same time. As they came in front

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269

" (c) ADVERTISING IN A CONVENTION PROGRAM OF A NATIONAL POLITICAL CONVENTION.—Subsection (a) shall not apply to any amount

paid or incurred for advertising in a convention program of a political party distributed in connection with a convention held for the purpose of nominating candidates for the offices of President and Vice President of the United States, if the proceeds from such program are used solely to defray the costs of conducting such convention (or a subsequent convention of such party held for such purpose) and the amount paid or incurred for such advertising is reasonable in light of the business the taxpayer may expect to receive— "(1) directly as a result of such advertising, or " (2) as a result of the convention being held in an area in which the taxpayer has a principal place of business." (b) P>FECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to amounts paid or incurred on or after January 1, 1968. SEC. 109. TAX-EXEMPT STATUS OF CERTAIN HOSPITAL SERVICE ORGANIZATIONS. (a) EXEMPTION FROM TAX.—Section 501 (relating to exemption from tax on corporations, etc.) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ''(e) COOPERATIVE HOSPITAL SERVICE ORGANIZATIONS.—For purposes of this title, an organization shall be treated as an organization organized and operated exclusively for charitable purposes, if— " (1) such organ'zation is organized and operated solely— " (A) to perform, on a centralized basis, one or more of the following services which, if performed on its own behalf by a hospital which is an organization described in subsection (c) (3) and exempt from taxation under subsection (a), would constitute activities in exercising or performing the purpose or function constituting the basis for its exemption: data processing, purchasing, warehousing, billing and collection, food, industrial engineering, laboratory, printing, communications, record center, and personnel (including selection, testing, training, and education of personnel) services; and " (B) to perform such services solely for two or more hospitals each of which is— " (i) an organization described in subsection (c)(3) which is exempt from taxation under subsection (a), "(ii) a constituent part of an organization described in subsection (c)(3) which is exempt from taxation under subsection (a) and which, if organized and operated as a separate entity, would constitute an organization described in subsection (c)(3), or "(iii) owned and operated by the United States, a State, the District of Columbia, or a possession of the United States, or a political subdivision or an agency or instrumentality of any of the foregoing; "(2) such organization is organized and operated on a cooperative basis and allocates or pays, within 8i/^ months after the close of its taxable year, all net earnings to patrons on the basis of services performed for them; and

26^us*c sou^

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26 USC^503. '

PUBLIC LAW 90-364-JUNE 28, 1968

[82 STAT.

'"(3) if such organization has capital stock, all of such stock outstanding is owned by its patrons. For purposes of this title, any organization which, by reason of the preceding sentence, is an organization described in subsection (c)(3) and exempt from taxation under subsection (a), shall be treated as a hospital and as an organization referred to in section 503(b)(5)." (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to taxable years ending after the date of the enactment of this Act. SEC. 110. SUBMISSION OF PROPOSALS FOR TAX REFORM. Not later than December 31, 1968, the President shall submit to the Congress proposals for a comprehensive reform of the Internal Revenue C'ode of 1954.

TITLE II—EXPENDITURE AND RELATED CONTROLS

Vacancies.

Transfers.

SEC. 201. LIMITATION ON THE NUMBER OF CIVILIAN OFFICERS AND EMPLOYEES IN THE EXECUTIVE BRANCH. (a) Except as otherwise provided in this section— (1) No person shall be appointed as a full-time civilian employee to a permanent position in the executive branch during any month when the number of such employees is greater than the number of such employees on June 30, 1966. (2) The number of temporary and part-time employees in any department or agency in the executive branch during any month shall not be greater than the number of such employees during the corresponding month of 1967. (b)(1) During any period when appointments are otherwise prohibited under subsection (a)(1), the head of any department or agency may, except as otherwise provided in this subsection, appoint a number of persons as full-time civilian employees in permanent positions in such department or agency equal to 75 percent of the number of vacancies in such positions which have occurred during such period by reason of resignation, retirement, removal, or death. (2) For purposes of paragraph (1), all agencies which, on the first day of any period when appointments are otherwise prohibited under subsection (a)(1), have 50 or fewer full-time civilian employees in permanent positions shall be treated as one agency, and the Director of the Bureau of the Budget (hereinafter in this section referred to as the '•Director") shall determine the vacancies in each such agency which may be filled by reason of paragraph (1). (3) For purposes of paragraph (1), the Director may reassign vacancies from one department or agency to another department or agency when such reassignment is, in the opinion of the Director, necessary or appropriate because of the creation of a new department or agency, because of a change in functions, or for the more efficient operation of the Government. (4) I f a full-time civilian employee in a permanent position is transferred from one department or agency to another department or agency— (A) such transfer shall be taken into account under paragraph (1) as an appointment by the head of the department or agency to which he transfers, and

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(B) subsection (a)(1) shall not apply to an appointment to the vacancy in the department or agency from which he transferred and such vacancy shall not he taken into account under paragraph (1). (c) For purposes of subsection (a)(2), the Director may reassign authorized temporary and part-time employment from one department or agency to another department or agency when such reassignment is, in the opinion of the Director, necessary or appropriate because of the creation of a new department or agency, because of a change in functions, or for the more efficient operation of the Government. (d) For purposes of this section, there shall not be taken into account— (1) any position filled by appointment by the President by and with the advice and consent of the Senate, other than for purposes of determining under subsection (a)(1) the number of full-time civilian employees in permanent positions in the executive branch at any time, (2) casual employees or employees serving without compensation, and (3) those employees (not exceeding 70,000 during any month) appointed under the President's program to provide summer employment for economically or educationally disadvantaged persons between the ages of 16 and 22. (e) The Director shall maintain a continuous study of all appropriations and contract authorizations in relation to personnel employed and shall reserve from expenditure the savings in salaries and wages resulting from the operation of this section, and any savings in other categories of expense which he determines will result from such operation. (f) The departments and agencies in the executive branch shall submit to the Director such information as may be necessary to enable him to carry out his functions under this section. (g) The Director shall submit to the Senate and the House of Representatives at the end of each calendar quarter, beginning with the quarter ending September 30, 1968, a, report on the operation of this section. (h) Nothing in this section shall supersede or modify the reemployment rights of any person under section 9 of the Military Selective Service Act of 1967 or any other provision of law conferring reemployment rights upon persons who have performed active duty in the Armed Forces. (i) The Director shall prescribe such regulations as he deems necessary or appropriate to carry out the provisions of this section. (j) This section (other than subsection (i)) shall take effect on the first day of the first month which begins after the date of the enactment of this Act.

271

Exceptions.

Report to Congress. Armed Forces. Remployment rights. 62 Stat. 614. 50 USC app. 459.

Effective date.

SEC. 202. REDUCTION OF $6 BILLION IN EXPENDITURES DURING FISCAL YEAR 1969.

(a) Expenditures and net lending during the fiscal year ending June 30, 1969, under the Budget of the United States Government (estimated on page 55 of House Document No. 225, Part 1, 90th Congress, as totaling $186,062,000,000), shall not exceed $180,062,000,000, except by expenditures and net lending— (1) which the President may determine are necessary for special support of Vietnam operations in excess of the amounts estimated therefor in the Budget, (2) for interest in excess of the amounts estimated therefor in the Budget,

Exceptions. Vietnam operations.

Interest.

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 272 Veterans' benefits. Social Security Act trust funds.

Exceptions. Vietnam operations. Interest. Veterans' benefits. Social Security Act trust funds.

Report to Congress.

Report to Congress.

PUBLIC LAW 90-364-JUNE 28, 1968

[82 STAT.

(8) for veterans' benefits and services in excess of the amounts estimated therefor in the Budget, and (4) for payments from trust funds established by the Social Security Act, as amended, in excess of the amounts estimated therefor i n the Budget, (b) The President shall reserve from expenditure and net lending, from appropriations or other obligational authority heretofore or hereafter made available, such amounts as may be necessary to effectuate the provisions of subsection (a). SEC. 203. REDUCTION OF $10 BILLION IN NEW OBLIGATIONAL AUTHORITY. (a) The total new obligational authority and loan authority for the fiscal year ending June 80, 1969, provided by law heretofore or hereafter enacted (estimated on page 55 of House Document No. 225, Part 1,90th Congress, as $201,723,000,000) shall not exceed $191,723,000,000, except for new obligational authority and loan authority— (1) which the President may determine are necessary for special support of Vietnam operations in excess of the amounts estimated therefor in the Budget, (2) for interest in excess of the amounts estimated therefor in the Budget, (3) for veterans' benefits and services in excess of the amounts estimated therefor in the Budget, and (4) for payments from trust funds established by the Social Security Act, as amended, in excess of the amounts estimated therefor in the Budget. (b) I n the event that the total amount of new obligational authority and loan authority for the fiscal year ending June 30, 1969, exceeds the limitation prescribed by subsection (a), the President shall reserve from such obligational and loan authority such amounts a.s may be necessary to effectuate the provisions of subsection (a). The amounts so reserved (other than any amounts reserved from trust funds) are hereby rescinded as of the close of June 30, 1969. The President, at the time of the submission of the Budget for the fiscal year ending June 30, 1970, shall make a report to the Congress identifying the amounts reserved pursuant to this paragraph. SEC. 204. SPECIFIC RECOMMENDATIONS FOR $8 BILLION RESCISSION IN OLD OBLIGATIONAL AUTHORITY. The President shall cause a special study and analysis to be made of unobligated balances of appropriations and other obligational and loan authority available for obligation or commitment during the fiscal year ending June 30, 1969, which will remain available for obligation or commitment after June 30, 1969, and make a report thereon to the Congress. Such report shall be made at the time of the submission of the Budget for the fiscal year ending June 30, 1970, and shall include specific recommendations for legislation to rescind not less than $8,000,000,000 of such unobligated balances. SEC. 205. APPLICATION OF CERTAIN FORMULAS. I n the administration of any program as to which— (1) the amount of expenditures or obligations is limited pursuant to section 202 or 203, and (2) the allocation, ^rant, apportionment, or other distribution of funds among recipients is required to be determined by application of a formula involving the amount appropriated or otherwise made available for distribution, the amount available for expenditure or obligation (as determined by the President) shall be substituted for the amount appropriated or otherwise made available in the application of the formula.

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TITLE III—SOCIAL SECURITY ACT AMENDMENTS SEC. 301. LIMITATION ON NUMBER OF CHILDREN WITH RESPECT TO WHOM FEDERAL PAYMENTS MAY BE MADE UNDER PROGRAM OF AID TO FAMILIES WITH DEPENDENT CHILDREN. Subsection (d) of section 403 of the Social Security Act is amended Ji st^«^-g894. (1) by inserting " (1) " immediately after " (d) ", (2) by inserting "(except fhe succeeding paragraphs of this subsection)" immediately after "Act", (3) by striking out "June 30, 1968" and inserting in lieu thereof "June 30, 1969", and (4) by adding at the end of such subsection the following new paragraphs: "(2) In the case of any State which is determined by the Secrettiry to have effectuated, in compliance with or in reliance upon or in consideration of a judicial decision (as defined in paragraph (3)), a policy of providing aid to families- with dependent children under its State plan approved under this part to or on behalf of individuals who, except for such policy, would not be eligible for such aid, the av^erage monthl}' number of dependent children under the age of 18 who have been deprived of parental support or care by reason of the continued absence from the home of a parent with respect to whom payments under this section were made to the State for the calendar quarter beginning January 1, 1968, shall, for purposes of applying the provisions of paragraph (1), be increased by the average monthly number, in the calendar quarter beginning April 1, 1969, of children under the age of 18 who are deprived of parental support or care by reason of the continued absence from the home of a parent and who by reason of such policy began to receive such aid after March 1968 and received such aid during the calendar quarter beginning April 1, 1969. "(3) As used in paragraph (2), the term 'judicial decision' means ci'sYon'^^^'^^ any decision by a court of the United States of competent jurisdiction in any case or controversy in which there is decided the issue of the validity, under the United States Constitution, of any law, rule, regulation, or policy of a State under which aid to families with dependent children is denied to individuals otherwise eligible therefor because of failure to meet duration of residence requirements or because of the relationship between a male individual and the mother of the child or children with respect to whom such aid is sought." SEC. 302. AID TO FAMILIES WITH DEPENDENT CHILDREN IN CASE OF UNEMPLOYED FATHERS RECEIVING UNEMPLOYMENT COMPENSATION. Section 407(b)(2)(C) of the Social Security Act is amended to read si Stat. ss-s. as follows: _ ^ 42 USC 607. " (C) for the denial of aid to families with dependent children to any child or relative specified in subsection (a) — "(i) if, and for so long as, such child's father is not currently registered with the public employment offices in the State, and "(ii) with respect to any week for which such child's father receives unemployment compensation under an unemployment compensation law of a State or of the United States."

273

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[82 STAT.

SEC. 303. FEtJERAL PAYMENTS UNDER MEDICAL ASSISTANCE PROGRAM FOR CERTAIN SERVICES INCLUDIBLE UNDER SUPPLEMENTARY MEDICAL INSURANCE PROGRAM. 81 Stat. 901. 42 USC 1396b. 42 USC 1396b note. Effective date.

(a)(1) Section 1903(b)(2) of the Social Security Act is amended by striking out "1967"' and inserting in lieu thereof "1969". (2) Section 222(d) of the Social Security Amendments of 1967 is amended by striking out "1967" and inserting in lieu thereof "1969". (b) The amendments made by subsection (a) shall be efl'ective with respect to calendar quarters beginning after December 31, 1967. Approved June 28, 1968, 4:02 p.m.

Public Law 90-365 June 29, 1968 [H. R. 6157]

Federal employees. Payroll deductions. 79 Stat. 582.

Definitions.

AN ACT To amend section 3620 of the Revised Statutes with respect to payroll deductions for Federal employees.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsections (b) and (c) of section 3620 of the Revised Statutes, as amended (31 T^.S.C. 492), are amended to read as follows: " (b)(1) Notwithstanding subsection (a) of this section or any other provision of law, and under regulations to be prescribed by the Secretary of the Treasury, the head of an agency shall, upon the written request of an employee of the agency to whom a payment for wages or salary is to be made, authorize a disbursing officer to make the payment in the form of one, two, or three checks (the number of checks and the amount of each, if more than one, to be designated by such employee) by sending to each financial organization designated by such employee a check that is drawn in favor of the organization and is for credit to the checking account of such employee or is for the deposit of savings or purchase of shares for such employee: Provided, That the agency shall not be reimbursed for the cost of sending one check requested by such employee but shall be reimbursed for the additional cost of sending any additional check requested by such employee by the financial organization to which such check is sent. For the purposes of the foregoing proviso, the check for which the agency shall not be reimbursed shall be the check in the largest amount. "(2) If more than one employee to whom a payment is to be made designate the same financial organization, the head of an agency may, upon the written request of such employee and under regulations to be prescribed by the Secretary of the Treasury, authorize a disbursing officer to make the payment by sending to the organization a check that is drawn in favor of the organization for the total amount designated by those employees and by specifying the amount to be credited to the account of each of those employees. "(3) I n this subsection, the term 'agency' means any department, agency, independent establishment, board, office, commission, or other establishment in the executive, legislative (except the Senate and House of Representatives), or judicial branch of the Government, any wholly owned or controlled Government corporation, and the municipal government of the District of Columbia; and the term 'financial organization' means any bank, savings bank, savings and loan association or similar institution, or Fedet'al or State chartered credit union. "(c) Payment by the United States in the form of more than one check, drawn in accordance with subsection (b) and properly endorsed, shall constitute a full acquittance for the amount due to the employee requesting payment." Approved June 29, 1968.

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Public Law 90-366 JOINT RESOLUTION Making continuing appropriations for the fiscal year 1969, and for other purposes.

J"n« 29, 1968 '.—'.—^^'

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums prop°rfauoS fgeg. are appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1969, namely: SEC. 101. (a)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1968 and for which appropriations, funds, or other authority would be available in the following appropriation Acts for the fiscal year 1969: Department of Agriculture and Related Agencies Appropriation Act; Independent Offices and Department of Housing and Urban Development Appropriation Act; Department of the Interior and Related Agencies Appropriation Act; Public Works for Water and Power Resources Development and Atomic Energy Commission Appropriation Act; Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act; Departments of Labor, and Health, Education, and Welfare Appropriation Act; and Legislative Branch Appropriation Act. (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House is different from that which would be available or granted under such Act as passed by the Senate, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority. (4) Whenever an Act listed in this subsection has been passed by only one House or where an item is included in only one version of an Act as passed by both Houses, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower: Provided, That no provision which is included in an appropriation Act enumerated in this subsection but which was not included in the applicable appropriation Act for 1968, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in this joint resolution unless such provision shall have been included in identical form in such bill as passed by both the House and Senate. (b) Such amounts as may be necessary for continuing projects or activities which were conducted in the fiscal year 1968 and are listed in this subsection at a rate for operations not in excess of the current rate or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority:

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 276 81 Stat. 231. 81 Stat. 435. 81 Stat. 936. 81 Stat. 550. 81 Stat. 311. 79 Stat. 1219. 20 USC 1001 note. 72 Stat. 1580. 20 USC 401 note. 75 Stat. 527. 22 USC 2451 note. 42 USC 2751. 74 Stat. 525; Ante, p. 241. 77 Stat. 363. 20 USC 701 note.

68 Stat. 652. 29 USC 31 note. 79 Stat. 845. 20 USC 951 note.

79 Stat. 75; 80 Stat. 1434. 42 USC 2572b, 2572c.

31 USC 665.

Ante, p. 270.

PUBLIC LAW 90-366-JUNE 29, 1968

[82 STAT.

Activities for which provision was made in the Department of Defense Appropriation Act, 1968; Activities for which provision was made in the District of Columbia Appropriation Act, 1968; Activities for which provision was made in the Foreign Assistance and Related Agencies Appropriation Act, 1968; Activities for which provision was made in the Military Construction Appropriation Act, 1968; Activities for which provision was made in the Department of Transportation Appropriation Act, 1968; Activities under the Higher Education Act of 1965; Activities under the National Defense Education Act of 1958, as amended; Activities of the Department of Health, Education, and Welfare under the Mutual Educational and Cultural Exchange Act of 1961; Activities (grants for college work-study program) under part C, title I of the Economic Opportunity Act of 1964, as amended; Activities (grants for land-grant colleges) under section 22 of the Act of June 29, 1935, as amended (7 U.S.C. 329); Activities under the Higher Education Facilities Act of 1963, as amended; Activities, other than grants, of the domestic agricultural migratory workers health program of the Public Health Service, Department of Health, Education, and Welfare; Activities, other than grants, related to regional medical programs of the Public Health Service, Department of Health, Education, and Welfare; Activities under sections 3, 4, 7, 12, and 13 of the Vocational Rehabilitation Act, as amended; Activities under the National Foundation on the Arts and the Humanities Act of 1965; and Activities under the appropriations for "Ship construction" and "Research and development", Maritime Administration, Department of Commerce. (c) Such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates for the fiscal year 1969. (d) Such amounts as may be necessary for continuing activities under sections 104 and 105 of the Manpower Development and Training Act, but at a rate for operations not in excess of the current rate. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) July 31, 1968, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in subsection (d)(2) of section 3679 of the Revised Statutes, as amended, but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds or to permit the use, including the expenditure, of appropriations, funds or authority in any manner which would contravene the provisions of title II of the Revenue and Expenditure Control Act of 1968.

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PUBLIC LAW 90-367-JUNE 29, 1968

SEC. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity which was not being conducted during the fiscal year 1968. Approved June 29, 1968.

Public Law 90-367 AN ACT To amend title 5, United States Code, to extend certain benefits to former employees of county committees established pursuant to section 8(b) of the Soil Conservation and Domes.tic Allotment Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled. That section 5334 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "'(f) An employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) may upon appointment to a position under the Department of Agriculture, subject to this subchapter, have his initial rate of basic pay fixed at the minimum rate of the appropriate grade, or at any step of such ^rade that does not exceed the highest previous rate of basic pay received by him during service with such county committee." SEC. 2. (a) Subchapter I of chapter 63 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 6312. Accrual and accumulation for former ASCS county office employees "Service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), or of a committee or an association of producers described in section 10(b) of the Agricultural Adjustment Act of May 12, 1933 (48 Stat. 37), shall be included in determining years of service for the purpose of section 6303(a) of this title in the case of any officer or employee in or under the Department of Agriculture. The provisions of section 6308 of this title for transfer of annual and sick leave between leave systems shall apply to the leave system established for such employees." (b) The analysis of chapter 63 of title 5, United States Code, is amended by adding the following new item immediately after item 6311: "6312. Accrual and accumulation for former ASCS county oflSce employees."

June 29, 1968 [S.1028]

Former ASCS employees. E x t e n s i o n of benefits. 80 Stat. 468. 52 Stat. 31,; 81 Stat. 6 3 3.

Leave. 80 Stat. 517. 5 USC 63016311.

49 Stat. 767; 61 Stat. 709. 7 USC 610.

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 278 Order of retention. 80 Stat. 428.

49 Stat. 767; 61 Stat. 709. 7 USC 610. Superintendent of G a r a g e s, compensation.

5 USC 5304 note.

PUBLIC LAW 90-368-JUNE 29, 1968

[82 STAT.

SEC. 3. The second sentence of section 3502(a) of title 5, United States Code, is amended— (1) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof a semicolon and the word "and"; and (2) by adding after subparagraph (B) the following new subparagraph: " (C) who is an employee in or under the Department of Agriculture is entitled to credit for service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), or of a committee or an association of producers described in section 10(b) of the Agricultural Adjustment Act of May 12, 1933 (48 Stat. 37)." SEC. 4. Effective as of the beginning of the first applicable pay period which began on or after October 1, 1967, the per annum (gross) rate of compensation of the position of Superintendent of Garages (House Office Buildings) under the Architect of the Capitol is $12,540. Such position is subject to the provisions, pertaining to the Office of the Architect of the Capitol, in section 212 of the Federal Salary Act of 1967 (81 Stat. 634; Public La,w 90-206), relating to the implementation of salary comparability policy. Approved June 29, 1968.

Public Law 90-368 June 29, 1968 [S.J. Res. 180]

Members of Congress. Surviving s p o u s e s, franking privileges. 74 Stat. 660; 79 Stat. 1163; 81 Stat. 622. 39 USC 4 1 5 1 4170.

JOINT RESOLUTION (jiQ provide franked mail privileges for surviving spouses of Members of Congress.

Resolved by the Senate and Houm of Representatives of the United States of America in Congress assembled, That chapter 57 of title 39, United States Code, is amended— (1) by adding at the end thereof the following new section: "§4171. Franked mail for surviving spouses of Members of Congress. "Upon the death of a Member of Congress during his term of office, the surviving spouse of such Member may send, for a period not to exceed one hundred and eighty days after his death, as franked mail, correspondence relating to the death of the Member."; (2) by inserting after "4161-4167'' in the definition " F r a n k " in section 4151 the phrase "and 4171"; (3) by inserting before "shall be paid" in section 4167(a) the phrase "and postage on correspondence sent by the surviving spouse of a Member under section 4171 of this title,"; and (4) by inserting at the end of the analysis thereof, immediately preceding section 4151 of such title, the following new item: "4171. Franked mail for surviving spouses of Members of Congress." Approved June 29, 1968.

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 82 STAT. ]

PUBLIC LAW 90-370-JULY 1, 1968

279

Public Law 90-369 AN ACT

To provide for the expeditious naturalization of the surviving spouse of a United States citizen who dies while serving in an active duty status in the Armed Forces of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 319 of the Immigration and Nationality Act (8 U.S.C. 1430; 66 Stat. 244) is amended by adding at the end thereof the following additional subsection: " (d) Any person who is the surviving spouse of a United States (citizen, whose citizen spouse dies during a period of honorable service in an active duty status in the Armed Forces of the United States and who was living in marital union with the citizen spouse at the time of his death, may be naturalized upon compliance with all the requirements of this title except that no prior residence or specified physical presence within the United States, or within the jurisdiction of the naturalization court shall be required." Approved June 29, 1968.

June 29, 1968 [H. R. 10135]

Immigration and Nationality Act, amendment. 81 Stat. 6 6 1. Surviving spouse of Armed Forces member.

Public Law 90-370 AN ACT

To amend the Defense Production Act of 11)."), and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 717(a) of the Defense Production Act of 1950 is amended by striking out "June 30, 1968'' in the first sentence and insertuig in lieu thereof "June 30, 1970". SEC. 2. Section 712(e) of the Defense Production Act of 1950 is amended by striking out '$85,(KX)" and inserting in lieu thereof "$100,000. _ SEC. 3. Title VII of the Defense Production Act of 1950 is amended by adding at the end thereof the following new section: "SEC. 718. The Comptroller General, in cooperation with the Secretary of Defense and the Director of the Bureau of the Budget, shall undertake a study to determine the feasibility of applying uniform cost accounting standards to be used in all negotiated prime contract and subcontract defense procurements of $100,000 or more. In carrying out such study the Comptroller General shall consult with representatives of the accounting profession and with representatives of that segment of American industry which is actively engaged in defense contracting. The results of such study shall be reported to the Committees on Banking and Currency and the Committees on Armed Services of the Senate and House of Representatives at the earliest practicable date, but in no event later than eighteen months after the date of enactment of this section." Approved July 1, 1968.

96-600 O - 69 - 21

July 1, 1968 [H. R. 17268]

Defense Production Act, extension. 65 Stat. 144; 80 Stat. 235. 50 USC app. 2166. 50 USC app. 2162. Uniform cosit accounting standards, feasibility study.

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

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PUBLIC LAW 90-371-JULY 1, 1968

[82 STAT.

Public Law 90-371 July 1, 1968 [H. R. 15216]

Bureau of Prisons. Assistance to State and local governments. 62 Stat. 849.

AN ACT x To authorize tht^ Bureau of Prisons to assist State and local governments in the improvement of their correctional systems.

Be it enacted by the Senate <md House of Representatives of the United States of America in Congress assembled. That section 4042 of title 18, Ignited States Code, is amended by striking out the period and inserting a semicolon and by adding the following at the end of the first paragraph: "(4) Provide technical assistance to State and local governments in the improvement of their correctional systems." Approved July 1, 1968.

Public Law 90-372 July 2, 1968 [S.3363]

J o h n E. Fogarty Federal Building. Designation.

AN ACT To name the United States customhouse, Providence, Rhode Island, the "John E. Fogarty Federal Building".

Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That the United States customhouse. Providence, Ehode Island, shall, from and after the date of enactment of this Act, be known and designated as the "John E. Fogarty Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such United States customhouse shall be held to be a reference to the "John E. Fogarty Federal Building". Approved July 2, 1968.

Public Law 90-373 July 3, 1968 [H. R. 15856]

AN ACT To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and administrative operations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the ^j^ationai Aero- ^ United Stotcs of America in Congress assembled, That there is hereby Adminfstr'Ltion "^ authorizcd to be appropriated to the National Aeronautics and Space Authorization Act, Administration: Research and C^) For "Researcli and development," for the following programs: development.

(1)

A p o l l o, $2,025,000,000;

(2) Apollo applications, $253,200,000; (3) Advanced missions, $2,500,000; (4) Physics and astronomy, $136,900,000; (5) Lunar and planetary exploration, $92,300,000; (6) Biosoience, $33,000,000; (7) Space applications, $98,700,000.; (8) Launch vehicle procurement, $115,700,000; (9) Sustaining university program, $9,000,000; (10) Space vehicle systems, $31,800,000; (11) Electronics systems, $35,500,000; (12) Human factor systems, $19,700,000; (13) Basic research, $21,000,000; (14) Space power and electric propulsion systems, $42,300,000; (15) Nuclear rockets, $55,000,000;

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204 of it out dashed Happy Harry, the tramp. He was followed by Morse and the man named Featherton. The latter carried a black valise.

"Hey! Drop that!" shouted Mr. Sharp.

"Drop nothing!" yelled the man.

"Go on! Go on!" urged Morse. "Take to the woods! We'll deal with these fellows!"

"Oh, you will, eh?" shouted Tom, and remembering his football days he made a dive between Morse and Happy Harry for the man with the bag, which he guessed contained the stolen money. The lad made a good tackle, and grabbed Featherton about the legs. He went down in a heap, with Tom on top. Our hero was feeling about for the valise, when he felt a stunning blow on the back of his head. He turned over quickly to see Morse in the act of delivering a second kick. Tom grew faint, and dimly saw the leader of the gang reach down for the valise.

This gave our hero sudden energy. He was not going to lose everything, when it was just within his grasp. Conquering, by a strong effort, his feeling of dizziness, he scrambled to his feet, and made a grab for Morse. The latter fended him off, but Tom came savagely back at him, all his fighting blood up. The effects of the cowardly blow were passing off.

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STAT.]

PUBLIC LAW 90-373-JULY 3, 1968

(16) Chemical propulsion, $30,200,000; (17) Aeronautical vehicles, $74,900,000; (18) Tracking and data acquisition, $289,800,000; (19) Technology utilization, $3,800,000. (b) For "Construction of facilities," including land acquisitions, as follows: (1) Ames Research Center, Moffett Field, California, $386,000; (2) John F. Kennedy Space Center, NASA, Kennedy Space Center, Florida, $12,109,000; (3) Manned Spacecraft Center, Houston, Texas, $1,500,000; (4) Michoud Assembly Facility, New Orleans and Slidell, Tx)uisiana, $400,000; (5) Wallops Station, Wallops Island, Virginia, $500,000; (6) Various locations, $23,705,000; (7) Facility planning and design not otherwise provided for, $1,000,000. (c) For "Administrative operations," $603,173,000. (d) Appropriations for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" pursuant to this Act may be used for construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Administrative operations" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the appi-oval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) No part of the funds appropriated pursuant to subsection 1(c) for maintenance, repairs, alterations, and minor consti-uction shall be used for the construction of any new facility the estimated cost of which, including collateral equipment, exceeds $100,000. (h) No part of the funds appropriated pursuant to subsection (a) of this section may be used for grants to any nonprofit institution of higher learning unless the Administrator or his designee determines at the time of the grant that recruiting personnel of any of the Armed

281

Construction of facilities.

Administrative expenses. Program specifications.

Notice to congressional committees.

Scientific consultations.

Restriction.

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Report to Administrator.

Transfer of funds.

Report to congressional committees.

Use of funds, restrictions.

PUBLIC LAW 90-373-JULY 3, 1968

[82

STAT.

Forces of the United States are not being barred from the premises or property of such institution except that this subsection shall not apply if the Administrator or his designee determines that the grant is a continuation or renewal of a previous giant to such institution which is likely to make a significant contribution to the aeronautical and space activities of the United States. The Secretary of Defense shall furnish to the Administrator or his designee within sixty days after the date of enactment of this Act and each January 30 and June 30 thereafter the names of any nonprofit institutions of higher learning which the Secretary of Defense detemines on the date of each such report are barring such recruiting personnel from premises or property of any such institution. SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1), (2), (3), (4), (5), and v6) of subsection 1(b) may, in the discretion of the Administrator of the National Aeronautics and Space Administration, be varied upward 5 per centum to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 per centum of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (7) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition^ site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 4. Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Astronautics or the Senate Committee on Aeronautical and Space Sciences, (2) no amount appropriated pursuant to thi.s Act may be used for any program in excess of the amount actually authorized for

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PUBLIC LAW 90-374-JULY 5, 1968

that particular program hj sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 5. (a) No part of the funds appropriated pursuant to this Act shall be available for the payment of any salary of an individual convicted by any Federal, State, or local court of competent jurisdiction of— (1) inciting a riot or civil disorder; (2) organizing, promoting, encouraging, or particpating in a riot or civil disorder; (3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or (4) any offense determined by the Administrator of the National Aeronautics and Space Administration to have been committed in furtherance of, or while participating in, a riot or civil disorder; if the offense for which he is convicted is a felony. Any such individual holding a position in the National Aeronautics and Space Administration on the date his conviction becomes final shall be removed from such position. (b) For the purposes of this section, "felony" means any offense for which imprisonment is authorized for a term exceeding one year. (c) The provisions of subsection (a) shall apply only with respect to acts referred to in clauses (l) - (4) which are committed after the date of enactment of this Act. SEC". 6. I t is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal research funds whene\er feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible. SEC. 7. This Act may be cited as the "National Aeronautics and Space Administration Authorization Act, 1969". Approved July 3, 1968.

283

Notice to congressional committees.

Salary payments to convicted rioters, prohibition.

'Felony." Applicability.

Funds, geographical distribution.

Short title.

Public Law 90-374 AN ACT To amend title 10, United States Code, to increase the number of congressional a l t e r n a t e s authorized to be nominated for each vacancy a t the Military, Naval, and Air Force Academies.

j^ly 5^ 1963 [H. R. 13593]

Be it enacted by the Seiiate and House of Representatives of the United States of America in Congress assembled, That sections 4342(a). ^'T^^'^. P°'''=^= (last sentence), 6954(a) (last sentence), 6956(a), and 9342(a) (last Mtemates, insentence) of title 10, United States Code, are each amended by strik- crease. 78 Stat. 148ing out "five" and inserting in place thereof "nine". 151. Approved July 5, 1968.

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PUBLIC LAW 90-375-JULY 5, 1968

[82 STAT.

Public Law 90-375 July 5, 1968 [H. R. 14907]

Federal Credit Union Act, amendments. 73 Stat. 628. 12 USC 1757.

Purchase of liquidating notes.

Borrowing authority. 12 USC 1761b.

Unsecured loan limit. 12 USC 1761c.

Supervisory committee audit. 12 USC 1761d.

AN ACT To amend the Federal Credit Union Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The Federal Credit Union Act (12 U.S.C., chapter 14) is amended as follows: (1) Section 8(5) is amended by changing "loans with maturities not exceeding five years'' to read "unsecured loans with maturities not exceeding five years, and secured loans with maturities not exceeding ten years,". (2) Section 8(8) is amended by striking "or" immediately before " (F) " and by adding at the end thereof: " (G) in shares or deposits of any central credit union in which such investments are specifically authorized by the board of directors of the Federal credit union making the investment;". (3) Section 8 is amended by redesignating paragraph (14) as paragraph (15), by striking out "and" at the end of paragraph (13), and by inserting immediately after paragraph (13): "(14) in accordance with rules and regulations prescribed by the Director, to purchase from any liquidating credit union notes made by individual members of the liquidating credit union at such prices as may be agreed upon by the board of directors of the liquidating credit union and the board of directors of the purchasing credit union, but no purchase may be made under authority of this paragraph if, upon the making of that purchase, the aggregate of the unpaid balances of notes purchased under authority of this paragraph would exceed 5 per centum of the unimpaired capital and surplus of the credit union; and". (4) The fourth sentence of section 14 is amended by changing "the purchase and sale of securities or the making of loans to other credit unions, or both" to read "the purchase and sale of securities, the borrowing of funds, and the making of loans to other credit unions". (5) Section 15 is amended by striking the next to last sentence and inserting the following new sentences: "No loan which is not adequately secured may be made to any member, if, upon the making of that loan, the member would be indebted to the Federal credit union upon loans made to him in an aggregate amount ^vhich, in the case of a credit union whose unimpaired capital and surplus is less than $8,000, would exceed $200, or which, in the case of any other credit union, would exceed $2,500 or 2i/^ per centum of its unimpaired capital and surplus, whichever is less. No loan may be made to any member if, upon the making of that loan, the member would be indebted to the Federal credit union upon loans made to him in an aggregate amount which would exceed $200 or 10 per centum of the credit union's unimpaired capital and surplus, whichever is greater." (6) The first sentence of.section 16 is amended to read as follows: "The supervisory committee shall make or cause to be made a semiannual audit and shall submit a report of that audit to the board of directors and a summary of the report to the members at the next annual meeting of the credit union; shall make or cause to be made such supplementary audits as it deems necessary or as may be ordered by the Director, and submit reports of the supplementary audits to the board of directors; may by a unanimous vote suspend any officer

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PUBLIC LAW 90-375-JULY 5, 1968

of the credit union or any member of the credit committee or of the board of directors, until the next members' meeting, which shall be held not less than seven nor more than fourteen days after any such suspension, at which meeting any such suspension shall be acted upon by the members; and may call by a majority vote a special meeting of the members to consider any violation of this Act, the charter, or the bylaws, or any practice of the credit union deemed by the supervisory committee to be unsafe or unauthorized." (7) The second sentence of section 16 is amended by inserting "a majority vote of" immediately before "the board of directors". SEC. 2. (a) Section 21(f) of the Federal Credit Union Act (12 U.S.C. 1766(f)) is amended by inserting " (1) " after " (f) ", and by adding at the end thereof the following: "(2)(A) The Director is authorized to conduct directly, or to make grants to or contracts with colleges or universities. State or local educational agencies, or other appropriate public or private nonprofit organizations to conduct, programs for the training of persons engaged, or preparing to engage, in the operation of credit unions, and in related consumer counseling programs, serving the poor. H e is authorized to establish a program of experimental, developmental, demonstration, and pilot projects, either directly or by grants to public or private nonprofit organizations, including credit unions, or by contracts with such organizations or other private organizations, designed to promote more effective operation of credit unions, and related consumer counseling programs, serving the poor. " (B) In carrying out his authority under this paragraph, the Director shall consult with officials of the Office of Economic Opportunity and other appropriate Federal agencies responsible for the administration of projects or programs concerned with problems of the poor. The development and operation of programs and projects under this paragraph shall involve maximum feasible participation of residents of the areas and members of the groups served by such programs and projects, with community action agencies established under the provisions of the Economic Opportunity Act of 1964 serving, to the extent feasible, as the means through which such participation is achieved. " (C) I n order to carry out the purposes of this paragraph, there is authorized to be appropriated, as a supplement to any funds that may be expended by the Director pursuant to sections 6 and 7 for such purposes, not to exceed $300,000 for the fiscal year ending June 30, 1970, and not to exceed $1,000,000 for the fiscal year ending June 30, 1971." (b) The amendments made by subsection (a) shall become effective Jujv 1, 1968. SEC. 3. The Federal Credit Union Act is amended by adding at the end thereof the following new section: "GIFTS

"SEC. 28. The Director is authorized to accept gifts of money made unconditionally by will or otherwise for the carrying out of any of the functions under this Act. A conditional gift of money made by will or otherwise for such purposes may be accepted and used in accordance with its conditions, but no such gift shall be accepted which is conditioned upon any expenditure not to be met therefrom or from income thereof unless the Director determines that supplementation of such gift from the fees he may expend pursuant to sections 6 and 7 or from

285

73 Stat. 634. 12 USC 1761d. Consumer counseling.

78 Stat. 508. 42 USC 2701 note. Appropriations. 12 USC 1755, 1756.

Effective date.

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Ante, p. 285.

12 USC 1755.

PUBLIC LAW 90-376-JULY 5, 1968

[82 STAT.

^j^^ funds appropriated pursuant to section 21(f)(2)(C) for the purpose of making such expenditure will not adversely affect the soimd administration of this Act. Any such gift shall be deposited in the Treasury of the United States for the account of the Bureau and may be expended in accordance with section 6 or as provided in the preceding sentence." Approved July 5, 1968.

Public Law 90-376 July 5, 1968 1 ^ 3^^^] ^-

AN ACT Authorizing the Trustees of the National Gallery of Art to construct a building or buildings on the site bounded by Fourth Street, Pennsylvania Avenue, Third Street, and Madison Drive Northwest, in the District of Columbia, and making provision for the maintenance thereof.

Be It enacted by the SeTiate and House of Representatives of the National Gallery [jjiif^d States of America in Congress assembled, That the Trustees Additional of the National Gallery of A r t are authorized to construct within the building. jipga reserved as a site for future additions by the third sentence of the first section of the joint resolution entitled "Joint Resolution providing for the construction and maintenance of a National Gallery of Art", approved March 24, 1937 (50 Stat. 51; 20 U.S.C. 71 et seq.) one or more buildings to serve as additions to the National Gallery of Art. The cost of constructing any such building shall be paid from trust funds administered by such Trustees. The plans and specifications for any such building shall be approved by the Commission of Fine Arts and the National Capital Planning Commission. SEC. 2. Any building constructed under authority of the first section of this Act shall, upon completion, be a part of the National Gallery of Art. SEC. 3. Paragraph (2) of section 9 of the Act entitled "An Act relating to the policing of the buildings and grounds of the Smithsonian Institution and its constituent bureaus", approved October 78 Stat. 366. 24, 1951 (65 Stat. 634; 40 U.S.C. 193n et seq.) is amended by inserting " (A) " immediately after "held to extend" and by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: " (B) to the line of the face of the south curb of Pennsylvania Avenue Northwest, between Fourth Street and Third Street Northwest, to the line of the face of the west curb of Third Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest, to the line of the face of the north curb of Madison Drive Northwest, between Third Street and Fourth Street Northwest, and to the line of the face of the east curb of Fourth Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest." Jurisdiction. g^,^^ ^ rpj^^ Commissioner of the District of Columbia is authorized to transfer to the United States such jurisdiction as the District of Columbia may have over any of the property within the area referred to in the first section of this Act. SEC. 5. If any public utility (whether privately or publicly owned) located within the area referred to in the first section of this Act is required to be relocated or protected by reason of the construction within such area of any addition to the National Gallery of Art, the cost of such relocation or protection shall be paid from trust funds administered by the Trustees of the National Gallery of Art. Approved July 5, 1968.

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287

Public Law 90-377 AN ACT To amend titles 10, 14, and 37, United States Code, to provide for confinement and treatment of offenders against the Uniform Code of Military Justice.

July 5, 1968 [H. R. 5783]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subtitle A of Armed Forces. title 10, United States Code, is amended by inserting the following facmtfe'^s!""" new chapter after chapter 47: 7°^ st^t- 36^

^

"Chapter 48.—MILITARY CORRECTIONAL FACILITIES '•Sec.

"951. "952. "953. "954.

Establishment; organization; administration. Parole. Remission or suspension of sentence; restoration to duty; reenlistment. Voluntary extension; probation.

"§ 951. Establishment; organization; administration " (a) The Secretaries concerned may provide for the establishment of such military correctional facilities as are necessary for the confinement of offenders against chapter 47 of this title, " (b) The Secretary concerned shall— "(1) designate an officer for each armed force under his jurisdiction to administer military correctional facilities established under this chapter; "(2) provide for the education, training, rehabilitation, and welfare of offenders confined in a military correctional facility of his department; and "(3) provide for the organization and equipping of offenders selected for training with a view to their honorable restoration to duty or possible reenlistment. "(c) There shall be an officer in command of each major military correctional facility. Under regulations to be prescribed by the Secretary concerned, the officer in command shall have custody and control of offenders confined within the facility which he commands, and shall usefully employ those offenders as he considers best for their health and reformation, with a view to their restoration to duty, enlistment for future service, or return to civilian life as useful citizens. " (d) There may be made or repaired at each military correctional facility such supplies for the armed forces or other agencies of the United States as can properly and economically be made or repaired as such facilities. "§ 952. Parole "The Secretary concerned may provide a system of parole for offenders who are confined in military correctional facilities and who were at the time of commission of their offenses subject to the authority of that Secretary. "§ 953. Remission or suspension of sentence; restoration to duty; reenlistment "For offenders who were at the time of commission of their offenses subject to his authority, and who merit such action, the Secretary con(erned shall establish— "(1) a system for the remission or suspension of the unexecuted part of the sentences of selected offenders;

940. u s e 80110

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 288

PUBLIC LAW 90-377-JULY 5, 1968

[82 STAT.

"(2) a system for the restoration to duty of such olt'enders who have had the unexecuted part of their sentences remitted or suspended and who have not been discharged; and "(3) a system for the enlistment of such offenders who have had the unexecuted part of their sentences remitted and who have been discharged. "§ 954. Voluntary extension; probation "'The Secretary concerned may provide for persons who were subject to this authority at the time of commission of their offenses a system for retention of selected offenders beyond expiration of normal service obligation in order to voluntarily serve a period of probation with a view to honorable restoration to duty." SEC. 2. The analysis of subtitle A of title 10, United States Code, and the analysis of part II of subtitle A thereof, are each amended by inserting the following new item: "48. Military Correctional Facilities

.,

951."

SEC. 3. The analysis of subtitle B of title 10, United States Code, and the analysis of part II of subtitle B thereof, are each amended by striking out the following item: •'8.")1. United States Disciplinary Barracks

3661."

SEC. 4. The analysis of chapter 631 of title 10, United States Code, is amended by striking out the following item: "7215. Naval prisons, prison farms, and prisoners."

SEC. 5. The analysis of subtitle D of title 10, United States Code, and the analysis of part II of subtitle D thereof, are each amended by striking out the following item: "H.51. United States Disciplinary Barracks

Repeals. 70A Stat. 208.

g^c. 6. The followlug parts of title 10, United States Code, are repealed: (1) Chapter 351.

10 USC 3661-

3663. 8663.use 8662, 10 ^^^

8662."

)^(

o

S

'7T1 K

(2) Section 7215. (3) Chapter 851. SEC. 7. The analysis of chapter 13 of title 14, United States Code, is amended by striking out the following item: "509. Prisoners; allowances to; transportation."

and inserting the following item in place thereof: "509. Persons discharged as result of court-martial; allowances to."

Coast Guard. 64 Stat. 148.

76^slal: 480.

gj,^. 8. Section 509 of title 14, United States Code, is amended to i

i» n

read as lollows: "§ 509. Persons discharged as result of court-martial; allowances to "The Secretary may furnish persons discharged pursuant to the sentence of a Coast Guard court-martial suitable civilian clothing and a monetary allowance not to exceed $25 if the person discharged would not otherwise have suitable clothing or funds to meet immediate needs." SEC. 9. The analysis of chapter 7 of title 37, United States Code, is amended by striking out the following item: "426. Prisoners in naval confinement facilities." SEC. 10. Section 426 of title 37, United States Code, is repealed. Approved July 5, 1968.

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 82 STAT. ]

PUBLIC LAW 90-378-JULY 5, 1968

289

Public Law 90-378 AN ACT To amend section 2306 of title 10, United States Code, to authorize certain contracts for services and related supplies to extend beyond one year.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2306 of title 10, United States Code, is amended by adding the following new subsection after subsection (f): " (g)(1) The head of an agency may enter into contracts for periods of not more than five years for the following types of services (and items of supply related to such services) to be performed outside the forty-eight contiguous States and the District of Columbia for which funds would otherwise be available for obligation only within the fiscal year for which appropriated— " (A) operation, maintenance, and support of facilities and installations; " (B) maintenance or modification of aircraft, ships, vehicles, and other highly complex military equipment; " (C) specialized training necessitating high quality instructor skills (for example, pilot and other aircrew members; foreign language training); and " (D) base services (for example, ground maintenance; in-plane refueling; bus transportation; refuse collection and disposal); whenever he finds that: "(i) there will be a continuing requirement for the services consonant with current plans for the proposed contract period; "(ii) the furnishing of such services will require a substantial initial investment in plant or equipment, or the incurrence of substantial contingent liabilities for the assembly, training, or transportation of a specialized work force; and " (iii) the use of such a contract will promote the best inteirests of the United States by encouraging effective competition and promoting economies in operation. "(2) I n entering into such contracts, the head of the agency shall be guided by the following principles: " (A) the portion of the cost of any plant or equipment amortized as a cost of contract performance should not exceed the ratio between the period of contract performance and the anticipajted useful commercial life of such plant or equipment. Useful commercial life, for this purpose, means the commercial utility of the facilities rather than the physical life thereof, with due consideration given to such factors as location of facilities, specialized nature thereof, and obsolescence. " (B) consideration shall be given to the desirability of obta.ining an option to renew the contract for a reasonable period not to exceed three years, at prices not to include charges for plant, equipment and other nonrecurring costs, already amortized. " (C) consideration shall be given to the desirability of reserving in the agency the right, upon payment of the unamortized portion of the cost of the plant or equipment, to take title thereto under appropriate circumstances. "(3) In the event funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from: " (A) appropriations originally available for the performance of the contract concerned;

July 5, 1968 [H. R. 15789]

MuTuyearpro-' curement, authori^^*oT 75 Stat.*52'8. '

Guidelines.

Renewal option.

cancellation.

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Page:Tom Swift and His Airship.djvu/215

Rh The lad managed to get one hand on the handle of the bag.

"Let go!" cried Morse, and he dealt Tom a blow in the face. It staggered the youth, but he held on grimly, and raised his left hand and arm as a guard. At the same time he endeavored to twist the valise loose from Morse's hold. The man raised his foot to kick Tom, but at that moment there was a curious hissing sound, and a stream of frothy liquid shot over the lad's head right into the face of the man, blinding him.

"Ha! Take that! And more of it!" shouted Mr. Damon, and a second stream of seltzer squirted into the face of Morse.

With a yell of rage he let go his hold of the satchel, and Tom staggered back with it. The lad saw Mr. Damon rushing toward the now disabled leader, playing both bottles of seltzer on him. Then, when all the liquid was gone the eccentric man began to beat Morse over the head and shoulders with the heavy bottles until the scoundrel begged for mercy.

Tom was congratulating himself on his success in getting the bag when Happy Harry, the tramp, rushed at him.

"I guess I'll take that!" he roared, and, wheeling Tom around, at the same time striking him

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Page:United States Statutes at Large Volume 82.djvu/332

 290

Written findings, requirement. 76 Stat. 529; 80 Stat. 850.

Contract authorizations, exception.

Ante, p. 289.

PUBLIC LAW 90-379-JULY 5, 1968

[82 STAT.

" (B) appropriations currently available for procurement of the type of services concerned, and not otherwise obligated; or " (C) funds appropriated for those payments." SEC. 2. Section 2310(b) of title 10, United States Code, is amended— (A) by inserting "section 2306(g)(1),-' after the words "section 2306(c)," after the first time those words appear; (B) by inserting after " (3) " the words "support the findings required by section 2306(g)(1), (4) "; (C) by striking out " (4) " and inserting in place thereof " (5) ", and (D) by striking out " (5) " and inserting in place thereof SEC. 3. Section 2311 of title 10, United States Code, is amended by striking out "under clauses (11)-(16) of section 2304(a) of this title" and by inserting in place thereof "(1) under clauses (11)-(16) of section 2304(a) of this title, and (2) authorizing contracts in excess of three years under section 2306(g) of this title." Approved July 5, 1968.

Public Law 90-379 July 5, 1968 [H. R. 14910]

Communications Act of 1934, amendment. 48 Stat. 1064. 47 USC 609 and note.

AN ACT To amend the Communications Act of 1934, as amended, to give the Federal Communicatiims Commission authority to prescribe regulations for the manufacture, import, sale, shipment, or use of devices which cause harmful interference to radio reception.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Communications Act of 1934, as amended, is further amended by adding thereto a new section 302 to read as follows: "DEVICES WHICH INTERFERE WITH RADIO RECEPTION

Exceptions.

"SEC. 302. (a) The Commission may, consistent with the public interest, convenience, and necessity, make reasonable regulations governing the interference potential of devices which in their operation are capable of emitting radio frequency energy by radiation, conduction, or other means in sufficient degree to cause harmful interference to radio communications. Such regulations shall be applicable to the manufacture, import, sale, offer for sale, shipment, or use of such devices. " (b) No person shall manufacture, import, sell, offer for sale, ship, or use devices which fail to comply with regulations promulgated pursuant to this section. "(c) The provisions of this section shall not be applicable to carriers transporting such devices without trading in them, to devices manufactured solely for export, to the manufacture, assembly, or installation of devices for its own use by a public utility engaged in providing electric service, or to devices for use by the Government of the United States or any agency thereof. Devices for use by the Government of the United States or any agency thereof shall be developed, procured, or otherwise acquired, including offshore procurement, under United States Government criteria, standards, or specifications designed to achieve the common objective of reducing interference to radio reception, taking into account the unique needs of national defense and security." Approved July 5, 1968.

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 82 STAT. ]

PUBLIC LAW 90-381-JULY 5, 1968

291

Public Law 90-380 AN ACT To aiueiHl section 11-341 (b) of the District of C^oluiubia Code which relates to the sales price for the reports of the opinioiis of the United States CSourt of Appeals for the District of Columbia Circuit.

Be it muieted by the Semite and House of Representatives of United State>i of America in (Jonqre>>H (m-Hembled^ That - I. _.. Code. ... 11-841 (b) of the District of- Columbia i'.. - is amended, '.by striking 'Sit not more than $6.50 per volume'' and inserting in lieu thereof not more than $12 per volume" Approved July 5, 1968.

July 5, 1968 [H. R. s s s i j

the section, u.s. court of Appeals out circuit' for DC"at 77 Stat. 480. st£

Public Law 90-381 AN ACT To prohibit desecration of the flag, and for other purposes.

July 5, 1968 [H. R. IO480]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 33 of fi^g desecratitle 18, United States Code, is amended by inserting immediately pre- *'"i?enaities. ceding section 701 thereof, a new section as follows: 62 Stat. 731. 18 USC 701-

"§ 700. Desecration of the flag of the United States; penalties 713. "(a) Whoever knowingly casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it shall be fined not more than $1,000 or imprisoned for not more than one year, or both. "(b) The term 'flag of the United States' as used in this section, un'it^ed'st°a\is*'" shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, standards, colors, or ensign of the Linited States of America. "(c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section." SEC. 2. The analj^sis of chapter 33 of title 18, United States Code, is amended by inserting at the beginning thereof the following: ••§ 700. Desecration of the flag of the United States; penalties."

SEC. 3. Section 3 of title 4, United States Code, is amended by striking from the first sentence thereof the following: "; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon, or cast contempt, either by word or act, upon any such flag, standard, colors, or ensign,". Approved July 5, 1968.

^^ ^*^* ^^2.

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 292

PUBLIC LAW 90-382-JULY 5, 1968

[82 STAT.

Public Law90-382 July 5, 1968 [H. R. 3931]

National Conference of State Societies, D-C. Designation. 36 USC 401.

36 USC 418.

AN ACT To anieiid the Act of April 3, 15>i>2. He !t efuwted by the Senate and House of RepresentatlveH of the United States of America in Congress assembled, That the Act entitled "An Act to incorporate the Conference of State Societies, Washington, District of Columbia"', approved April 8, 1952 (66 Stat. 37), is amended as follows: (1) The first section of such Act is amended by striking out "by the name of the '(Conference of State Societies, Washington, District of Columbia' " and inserting in lieu thereof "by the name of the 'National Conference of State Societies, Washington, District of Columbia' ". (2) Section 18 of such Act is amended by striking out " 'Conference of State Societies, Washington, D. C, ' " and inserting in lieu thereof " 'National Conference of State Societies, Washington, District of Columbia,'". Approved July 5, 1968.

Public Law 90-383 July 5, 1968 [H.R. 13315]

Virginia judicial districts. 62 Stat. 893.

AN ACT To amend section 127 of title 28, United States Code, to define more precisely the territory included in the two judicial districts of Virginia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 127 of title 28 of the United States Code is amended by adding at the end thereof a subsection (c) reading as follows: "(c) Cities and incorporated towns are included in that district in which are included the counties within the exterior boundaries of which such cities and incorporated towns are geographically located or out of the territory of which they have been incorporated." Approved July 5, 1968.

Public Law 90-384 July 5, 1968 [H.R. 17024]

Postal Service employees. Embezzlement, prosecution. 62 Stat. 785.

AN ACT To repeal section 1727 of title 18, United States Code, so as to permit prosecution of postal employees for failure to remit postage due collections, under the postal embezzlement statute, section 1711 of title 18, United States Code. Be it enacted by the Senate and House of Representatives of the United States of America m Congress assembled, That (a) section 1727 of title 18, United States Code, is hereby repealed; and (b) The table of contents for chapter 83 of title 18, United States Code, is amended by striking therefrom "1727. Postage accounting." SEC. 2. Nothing in this Act shall be construed to affect in any way any prosecution for any offense occurring prior to the date of enactment of such Act. Approved July 5, 1968.

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PUBLIC LAW 90-387-JULY 5, 1968

293

Public Law 90-385 AN ACT To inci"ease the limitation on the number of oflScers for the Coast Guard.

July 5, 1968 [H. R. 16127]

Be it enacted by the Senate and House of Representatives^ of the Coast United States of America in Congress assembled, That subsection (a) officers, Guard increase. of section 42 of title 14, United States Code, is amended by striking out "'so" s'ta't "195. "four" and inserting "five" in place thereof so that the subsection will read as follows: " (a) The total number of commissioned officers, excluding commissioned warrant officers, on active duty in the Coast Guard shall not exceed five thousand." Approved July 5, 1968.

Public Law 90-386 AN ACT To amend title 10, United States Code, to authorize an increase in the numbers of officers of the Navy designated for engineering duty, aeronautical engineering duty, and special duty.

July 5, 1968 [H. R. 13050]

Be It enacted by the Senate and House of Re2)resentatives of the United States of America In Congress assembled. That title 10, United ^•^- Navy. States Code, is amended as follows: offi^ers^increase (1) Section 5406 is amended by striking out "4 5/10" and inserting 70A Stat. 298. ''5 5/10" in place thereof. (2) Section 5407 is amended by striking out "2 5/10" and inserting "3 5/10" in place thereof. (3) Section 5408 is amended by striking out "2 5/10" and inserting " 6 " in place thereof. (4) Section 5442(g) and 5447(g) are each amended by amending clauses (1), (2), and (3) to read as follows: "(1) Engineering duty—11 percent. "(2) Aeronautical engineering duty—7 percent. "(3) Special duty—12 percent." (5) Section 5587(c) is amended by inserting the following: sentences "^^^ ^*^* ^25; at the beginning thereof: "The types of engineering duty for which officers may be designated include ship engineering and ordnance engineering. The types of aeronautical engineering duty for which officers may be designated include aeronautical engineering and aviation maintenance." Approved July 5, 1968.

Public Law 90-387 AN ACT To amend the tobacco marketing quota provisions of the Agricultural Adjustment Be it enacted by the Senate and1988. Act of House of Representatives of the

July 5, 1968 [H. R. 17002]

United States of America in Congress assembled, That subsection Tobacco acreage (b) of section 318 of the Agricultural Adjustment Act of 1938, as ° T°rM^s"er! amended (7 U.S.C. 1318(b)), be amended by changing the second si Stat. 120. condition to read as follows: "(2) no transfer other than by annual ^ "^^ i3i4ci. lease of an allotment or quota from a farm subject to a mortgage or other lien shall be pennitted unless the transfer is agreed to by the lienholders;". Approved July 5, 1968.

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 294

PUBLIC LAW 90-388-JULY 6, 1968

[82 STAT.

Public Law 90-388 July 6, 1968 tli.R. 16451]

U.S.-Central America. Livestock dise a s e control.

28 Stat. 622; 40 Stat. 1270.

Appropriation.

AN ACT To authorize the Secretary of Agriculture to cooperate with the several governments of Central America in the prevention, control, and eradication of footand-mouth disease or rinderpest. Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized to cooperate with the several governmentvS of Central America in carrying out operations or measures to prevent or retard, suppress, or control, or to eradicate foot-and-mouth disease or rinderpest in Central America where he deems such action necessary to protect the livestock and related industries of the United States. In performing the operations or measures herein authorized, the several governments of Central America shall be responsible for the authority necessary to carry out such operations or measures on all lands and properties in each nation and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. The measure and character of cooperation carried out under this Act on the part of the United States and on the part of the several governments of Central America, including the expenditure or use of n m d s appropriated pursuant to this Act, shall be such as may be prescribed by the Secretary of Agriculture. Arrangements for the cooperation authorized by this Act shall be made through and in consultation with the Secretary of State. The authority contained in this Act is in addition to and not in substitution for the authority of existing law. SEC. 2. For purposes of this Act, funds appropriated pursuant thereto may also be used for the purchase or hire of passenger motor A'^ehicles and aircraft, for printing and binding without regard to section 87 of the Act of January 12, 1895, or section 11 of the Act of March 1, 1919 (44 U.S.C. I l l), and for the employment of civilian nationals of the several nations of Central America. SEC. 3. The governments of Central America, for the purposes of this Act, mean the governments for those countries located between the Republic of Colombia and the Republic of Mexico. SEC. 4. I n carrying out this Act the Secretary of Agriculture is further authorized to cooperate with other public and private organizations and individuals. SEC. 5. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Approved July 6, 1968.

Public Law 90-389 July 7, 1968 [H. R. 15345]

Bank Protection Act of 1968. " Federal supervisory agency. "

AN ACT To provide security measures for banks and other financial institutions, and to provide for the appointment of the Federal Savings and Loan Insurance (\>rporation a« receiver. Be It enacted by the Senate and House of Re2)resentatlres of the United States of America in Congress assembled, That this Act may be cited as the "Bank Protection Act of 1968*'. SEC. 2. As used in this Act the term "Federal supervisory agency'' moans— (1) The Comptroller of the Currency w ith respect to national banks and district banks, (2) The Board of Governors of the Federal Reserve System

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 82 STAT. ]

PUBLIC LAW 90-389-JULY 7, 1968

295

with respect to Federal Reserve banks and State b a n t s which are members of the Federal Reserve System, (8) The Federal Deposit Insurance Corporation with respect to State banks which are not members of the Federal Reserve System but the deposits of which are insured by the Federal Deposit Insurance Corporation, and (4) The Federal Home Loan Bank Board with respect to Federal savings and loan associations, and institutions the accounts of which are insured by the Federal Savings and Ijoan Insurance Corporation. SEC. 3. (a) Within six months from the date of this Act, each T

-

^

i

i

-

i n

1

1

i i ' i *

security measures.

i^ederal supervisory agency shall promulgate rules establishing minimum standards with which each bank or savings and loan association must comply with respect to the installation, maintenance, and operation of security devices and procedures, reasonable in cost, to discourage robberies, burglaries, and larcenies and to assist in the identification and apprehension of persons who commit such acts. (b) The rules shall establish the time limits within which banks and savings and loan associations shall comply with the standards and shall require the submission of periodic reports with respect to the installation, maintenance, and operation of security devices and procedures. SEC. 4. The Federal supervisory agencies shall consult with insurance rates. (1) insurers furnishing insurance protection against losses resulting from robberies, burglaries, and larcenies committed against financial institutions referred to in section 2, and (2) State agencies having supervisory or regulatory responsibilities with respect to such insurers to determine the feasibility and desirability of premium rate differentials based on the installation, maintenance, and operation of security devices and procedures. The Federal supervisory agencies shall report Report to conto the Congress the results of their consultations pursuant to this sec- ^""^^^ tion not later than two years after the date of enactment of this Act. SEC. 5. A bank or savings and loan association which violates a Penalty. rule promulgated pursuant to this Act shall be subject to a civil penalty which shall not exceed $100 for each day of the violation. SEC. 6. Subsection (c) of section 406 of the National Housing Act is psLi^c'a^'Suamended by inserting " (1) " after " (c) " and by adding at the end ment asTJc°eiver. thereof the following: 48 Stat. 1259. " (2) In the event the Federal Home I ^ a n Bank Board determines— ^^ ^^^ ^^^^ "(,A) that (i) a conservator, receiver, or other legal custodian (whether or not the Corporation) has been or is hereafter appointed for an insured institution which is not a Federal savings and loan association other than by the Board (whether or not such institution is in default) and that the appointment of such conservator, receiver, or custodian, or any combination thereof, has been outstanding for a period of at least fifteen consecutive days, or (ii) an insured institution (other than a Federal savings and loan association) has been closed by or under the laws of any State; "(1^) that one or more of the grounds specified in pjiragraph (6)(A) of section 5(d) of the Home Owners' I » a n Act of 1933, fo u ^^ 14(54 and 12 f s^- 1028 existed with respect to such institution at the time a conservator, note. receiver, or other legal custodian was appointed, or at the time such institution was closed, or exists thereafter during the appointment of the conserval or, receiver, or other legal custodian or while the institution is closed; and
 * e

96-600 O - 69 - 22

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