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by or with the approval of that Judge Advocate General or his designee. " (d) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has a^ted as investigating officer or a counsel in the same case. "(e) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court." (10) Section 827 is amended— 7OA Stat. 46. (A) by striking out "law officer" in the second sentence of subsection (a) and inserting in lieu thereof "military judge"; and (B) by redesignating paragraphs (1) and (2) of subsection (c) as paragraphs (2) and (3), respectively, and by inserting a new paragraph (1) as follows: "(1) the accused shall be atforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) si Stat. 546. unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot bne obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained;". (11) Section 829 (article 29) is amended— (A) by striking out "accused has been arraigned" in subsection (a) and inserting "court has been assembled for the trial of the accused" in place thereof; (B) by inserting ", other than a general court-martial composed of a military judge only," after "court-martial" in the first sentence of subsection (b); and by amending the last sentence of subsection (b) to read as follows: "The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides."; (C) by inserting ", other than a special court-martial composed of a military judge only," after "court-martial" in the first sentence of subsection (c); and by amending the last sentence of subsection (c) to read as follows: "The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused and counsel for both sides,"; and (D) by adding the following new subsection at the end thereof: " (d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 816(1)(B) or (2)(C) of this title (article 16 (1)(B) or (2)(C)), after the detail Ante. p. 1335. of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides." (12) Section 835 (article 35) is amended by striking out the second sentence and inserting the following in place thereof: " I n time of peace no person may, against his objection, be brought to trial, or be

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required to participate by himself or counsel in a session called by the military judge under section 839(a) of this title (article 3 9 (a)), in a general court-martial case within a period of five days after the service of charges upon him, or in a special court-martial case within a period of three days after the service of charges upon him." (13) Section 837 (article 37) is amended— (A) by inserting " (a) " ' at the beginning of the first sentence thereof; (B) by striking out "law officer" in the first sentence and inserting in lieu thereof "military judge"; (C) by adding at the end thereof the following new sentence: "The foregoing provisions of the subsection shall not apply with respect to (1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command m the substantive and procedural aspects of courts-martial, or (2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel."; (D) by adding after subsection (a) (as designated by paragraph (1) hereof) a new subsection as follows: "(b) In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member as a member of a court-martial, or (2) give a less favorable rating or evaluation of any member of the armed forces because of the zeal with which such member, as counsel, represented any accused before a court-martial.", (14) Section 838(b) (article 38(b)) is amended by striking out the words "president of the court" in the last sentence and inserting the words "military judge or by the president of a court-martial without a military judge" in place thereof. (15) Section 839 (article 39) is amended to read as follows: "§ 839. Art. 39. Sessions " (a) At any time after the service of charges which have l:)een referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of— "(1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty; "(2) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court; "(3) if permitted by regulations of the Secretary concerned, holding the arraignment and receiving the pleas of the accused; and "(4) performing any other procedural function which may be performed by the military judge under this chapter or vmder rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court.

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These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. " (b) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and, in cases in which a military judge has been detailed to the court, the military judge." (10) Section 840 (article 40) is amended to read as follows: 70A Stat. si. "§ 840. Art. 40. Continuances "The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just." (17) Section 841 (article 41) is amended— (A) by amending the first sentence of subsection (a) to read as follows: "The military judge and memibers of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court."; (B) by striking out the word "court" in the second sentence of subsection (a) and inserting the words "military judge, or, if none, the court," in place thereof; and (C) by striking out "law officer" in subsection (b) and inserting in lieu thereof "military judge". (18) Section 842(a) (article 42(a)) is amended to read as follows: "(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense comisel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant defense counsel may be taken at any time by any judge advocate, law specialist, or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate, law specialist, or other i:)erson is detailed to that duty." (19) Section 845 (article 45) is amended— (A) by striking out the words "arraigned before a courtmartial" in subsection (a) and inserting the words "after arraignment" in place thereof; and (B) by amending subsection (b) to read as follows: " (b) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary concerned, be entered immediately without vote. This finding shall constitute the finding of the court unless

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the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty." (20) Section 849(a) (article 49(a)) is amended by inserting after the word "unless" the words "the military judge or court-martial without a military judge hearing the case or, if the case is not being heard,". (21) Section 851 (article 51) is amended— (A) by amending the first sentence of subsection (a) to read as follows: "Voting by members of a general or special courtmartial on the findings and on the sentence, and by members of a court-martial without a military judge upon questions of challenge, shall be by secret written ballot."; (B) by amending the first three sentences of subsection (b) to read as follows: "The military judge and, except for questions of challenge, the president of a court-martial without a military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the president of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, is final and constitutes the ruling of the court. However, the military judge or the president of a courtmartial without a military judge may change his ruling at any time during the trial." (C) by striking out the words "law oiRcer of a general courtmartial and the president of a special court-martial shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court" in the first sentence of subsection (c) and inserting the words "military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them" in place thereof; and (D) by adding the following new subsection at the end thereof: " (d) Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a courtmartial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and.shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein." (22) Section 852 (article 52) is amended— (A) by inserting the words "as provided in section 845(b) of this title (article 45(b)) or" after the word "except" in subsection (a)(2); and (B) by inserting immediately before the period in the first sentence of subsection (c) the words ", but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence." (23) Section 854(a) (article 54 (a)) is amended to read as follows: " (a) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be

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jiiitlienticated by the signature of the military judge. If the record cannot be authenticated by the military judge by rea.son of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. I n a courtmartial consisting of only a military judge the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the President." (24) Section 857 (article 57) is amended by inserting the words "or deferred"' after "suspended" in subsections (a) and (b); and by adding at the end thereof a new subsection as follows: " (d) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned." (25) The table of sections at the beginning of subchapter IX is amended by striking out '•S66. 66. Review by board of review."

and inserting in lieu thereof the following: '•866. 66. Review by Court of Military Review.".

(26) Section 865(b) is amended by striking out "board of review" each time it appears therein and inserting in lieu thereof "Court of Military Review". (27) Section 866 (article 66) is amended— (A) by striking out the catchline and inserting in lieu thereof the following: "§ 866. Art. 66. Review by Court of Military Review'*; (B) by amending subsection (a) to read as follows: " (a) Each Judge Advocate General shall establish a Court of Military Review which shall be composed of one or more panels, and each such panel shall be composed of not less than three appellate military judges. For the purpose of reviewing court-martial cases, the court may sit in panels or as a whole in accordance with rules prescribed under subsection (f). Appellate military judges who are assigned to a Court of Military Review may be commissioned officers or civilians, each of whom must be a member of a bar of a Federal court or of the highest court of a State. The Judge Advocate General shall designate as chief judge one of the appellate military judges of the Court of Military Review established by him. The chief judge shall determine on which panels of the court the appellate judges assigned to

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the court will serve and which military judge assigned to the court will act as the senior judge on each panel.''; (C) by striking out "board of review" each time it appears in subsections (b), (c), (d), and (e) and inserting in lieu thereof "'Court of Military Review"; (I>) by striking out "boards of review" each time it appears in subsection (f) and inserting in lieu thereof "Courts of Military Review"; and (E) by adding at the end thereof the following new subsections: " (g) No member of a Court of Military Review shall be required, or on his own initiative be permitted, to prepare, approve, disapprove, review, or submit, with respect to any other member of the same or another Court of Military Review, an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the armed forces, or in determining whether a member of the armed forces should be retained on active duty. " (h) No member of a Court of Military Review shall be eligible to review the record of any trial if such member served as investigating officer in the case or served as a member of the court-martial before which such trial was conducted, or served as military judge, trial or defense counsel, or reviewing officer of such trial.". (28) Subsectious (b) and (f) of section 867 (article 67) are amended by striking out "board of review" each time it appears and inserting in lieu thereof "Court of Military Review". (29) Section 868 (article 68) is amended to read as follows: "§ 868. Art. 68. B r a n c h offices "The Secretary concerned may direct the Judge Advocate General to establish a branch office with any command. The branch office shall be under an Assistant Judge Advocate General who, with the consent of the Judge Advocate General, may establish a Court of Military Review with one or more panels. That Assistant Judge Advocate General and any Court of Military Review established by him may perfoim for that command under the general supervision of the Judge Advocate General, the respective duties which the Judge Advocate General and a Court of Military Review established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring approval by the President." (30) Section 869 (article 69) is amended by adding the following new sentence at the end thereof: "Notwithstanding section 876 of this title (article 76), the findings or sentence, or both, in a court-martial case which has been finally reviewed, but has not been reviewed by a Court of Military Review may be vacated or modified, in whole or in part, by the Judge Advocate General on the ground of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, or error prejudicial to the substantial rights of the accused." (31) Subsections (b), (c), and (d) of section 870 (article 70) are amended by striking out "board of review" each time it appears and inserting in lieu thereof "Court of Military Review". (32) Section 871 (article 71) is amended— (A) by striking out "ooard of review" in subsection (c) and inserting in lieu thereof "Court of Military Review"; and (B) by inserting "or deferred" in the first sentence of subsection (d) immediately after "suspended". (33) Section 873 (article 73) is amended to read as follows:

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"§ 873. Art. 73. Petition for a new trial "At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Judge Advocate General for a new trial on the grounds of newly discovered evidence or fraud on the court. If the accused's case is pending before a Court of Military Review or before the Court of Military Appeals, the Judge Advocate General shall refer the petition to the appropriate court for action. Otherwise the Judge Advocate General shall act upon the petition. (34) Section 936(b) (article 136(b)) is amended by striking out "law officer" and inserting in lieu thereof "military judge". SEC. 3. (a) Whenever the term law officer is used, with reference to any officer detailed to a court-martial pursuant to section 826(a) (article 26(a)) of title 10, United States Code, in any provision of Federal law (other than provisions amended by this Act) or in any regulation, document, or record of the United States, such term shall be deemed to mean military judge. (b) Whenever the term board of review is used, with reference to or in connection with the appellate review of courts-martial cases, in any provision of Federal law (other than provisions amended by this Act) or in any regulation, document, or record of the United States, such term shall be deemed to mean Court of Military Review. SEC. 4. (a) Except for the amendments made by paragraphs (30) and (33) of section 2, this Act shall become effective on the first day of the tenth month following the month in which it is enacted. (b) The amendment made by paragraph (30) of section 2 shall become effective upon the date of enactment of this Act. (c) The amendment made by paragraph (33) shall apply in the case of all court-martial sentences approved by the convening authority on or after, or not more than two years before, the date of its enactment. Approved October 24, 1968.

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 * ^°"'"* °^ Military

Effective dates.

Public Law 90-633 AN ACT

To amend the Immigration and Nationality Act to provide for the naturalization of persons who have served in active-duty servi^je in the Armed Forces of the United States during the Vietnam hostilities, or in other periods of military hostilities, and for other purix)ses.

October 24, 1968

[H- R- 1 5 1 4 7 ] _

Be It ewicted by the Senate and House of Representatives of the o es United States of America in Congress assembled, That section 329(a) p eArmede lFinr ccomrsonn of the Immigration and Nationality Act (8 U.S.C. 1440) is amended h7t'Z7Is,''nB\nTLi by inserting after "July 1, 1955," the following: "or during a period iz^tion. beginning February 28, 1961, and ending on a date designated by the 75 stat^654'°' President by Executive order as of the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict wiih a hostile foreign force,". SEC. 2. Section 329(b)(4) of the Immigration and Nationality Act is hereby amended by inserting after "July 1, 1955," the following: "or during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as the date of

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Naturalization fees, exemption.

Report.

8 USC 14011503.

66 Stat. 250. 8 USC 1440.

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termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force,". SEC. 3. Notwithstanding any other provision of law, no clerk of a United States court shall charge or collect a naturalization fee from an alien who has served in the military, air, or naval forces of the United States during a period beginning February 28, 1961, and ending on the date designated by the President by Executive order as the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and who is applying for naturalization during.such periods under section 329 of the Immigration and Nationality Act, as amended by this Act, for filing a petition for naturalization or issuing a certificate of naturalization upon his admission to citizenship, and no clerk of any State court shall charge or collect any fee for such services unless the laws of the State require.such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A report of all transactions under this section shall be made to the Attorney General as in the case of other reports required of clerks of courts by title III of the Immigration and Nationality Act. SEC. 4. The third sentence of section 318 of the Immigration and Nationality Act (8 U.S.C. 1429) is hereby amended by striking out the langauge "sections 327 and 328" and substituting in lieu thereof the language "sections 328 and 329". SEC. 5. Section 328(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1439) is hereby amended by inserting after the word "notwithstanding" the language "section 318 insofar as it relates to deportability and". SEC. 6. Section 329(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1440) is hereby amended to read as folows: "(1) he may be naturalized regardless of age, and notwithstanding the provisions of section 318 as they relate to deportability and the provisions of section 331;". SEC. 7. The section heading of section 329 of the Immigration and Nationality Act is amended to read as follows: "NATURALIZATION T H R O U G H ACTIVE-DUTY SERVICE I N THE ARMED FORCES DURING WORLD WAR I, WORLD WAR II, THE KOREAN H O S T I L I T I E S, THE VI E T N A M HOSTILITIES, OR I N OTHER PERIODS OF M I L I T A R Y H O S T I L I T I E S ".

SEC. 8. That portion of the table of contents contained in the first section of the Immigration and Nationality Act which appears under the heading " TITLE III — N A T I O N A L I T Y A N D N A T U R A L I Z A T I O N " is amended by changing the designation of section 329 to read as follows: "Sec. 329. Naturalization through active-duty service in the Armed Forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities."

Approved October 24, 1968.

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Public Law 90-634 AN ACT

October 24, 1968

To extend and amend the Renegotiation Act of 1951, and for other purposes.

[H.R. 17324]

Be it enacted by the Senate and House of Representatives United States of America In Congress asserribied.

Renegotiation

•

of the

^

amendments. Antidumping Act

TITLE I — R E N E G O T I A T I O N AMENDMENTS ACT O F 1968 determinations International Coffee Agreement

SEC. 101. This title may be cited as the "Renegotiation Amendments A'^* °f ^^es. Act of 1968". E X T E N S I O N OF I ' E R M I N A T I O N DATE

SEC. 102. Section 102(c)(1) of the Renegotiation Act of 1951, as amended (50 U.S.C. App., sec. 1212(c)(1)), is amended by striking 7o Stat. 786; out "June 30, 1968" and inserting in lieu thereof "June 30, 1971". ^° ^*^*- " ^ INFORMATION F U R N I S H E D TO BOARD W I T H RESPECT TO STANDARD COMMERCIAL ARTICLES

SEC. 103. Section 105(e)(1) of the Renegotiation Act of 1951, as amended (50 U.S.C. App., sec. 1215(e)(1)), is amended by inserting after the second sentence the following new sentence: "Any person who, but for the provisions of section 1 0 6 (e)(1)(A), would not be relieved for a fiscal year from the filing requirements of the first sentence of this paragraph by reason of the preceding sentence shall furnish for such fiscal year such information with respect to the application of such provisions (and with respect to the aggregate specified in the preceding sentence) as the Board may by regulations prescribe as necessary to carry out this title." MANDATORY E X E M P T I O N FOR STANDARD COMMERCIAL ARTICLES A N D SERVICES

SEC. 104. (a)(1) Paragraph (1) of section 106(e) of the Renegotiation Act of 1951, as amended (50 U.S.C. App,, sec. 1216(e)), is amended— (A) by striking out subparagraph (B), (B) by inserting "or" at the end of subparagraph (A), and (C) by redesignating subparagraph (C) as subparagraph (B). (2) Paragraph (3) of such section is amended by striking out "or (C) " each place it appears. (b) Paragraph (4) of section 106(e) of such Act is amended to read as follows: " (4) DFJFINITIONS.—For the purposes of this subsection— " (A) the term 'article' includes any material, part, component, assembly, machinery, equipment, or other personal property; " (B) the term 'standard commercial article' means, with respect to any fiscal year, an article— " (i) which either is customarily maintained in stock by the contractor or subcontractor or is offered for sale in accordance with a price schedule regularly maintained by the contractor or subcontractor, "(ii) the price of which under any contract or.subcontract subject to this title is not in excess of the lowest price at which such article is sold in similar quantity by the contractor or subcontractor for civilian industrial or

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commercial use, except for any excess attributable to the cost of accelerated delivery or other significantly different circumstances, and " (iii) from the sales of which by the contractor or subcontractor at least 55 percent of the receipts or accruals in such fiscal year are not (without regard to this subsection and subsection (c) of this section) subject to this title; " (C) the term 'service' means any processing or other operation performed by chemical, electrical, physical, or mechanical methods directly on materials owned by another person; " (D) the term 'standard commercial service' means, with respect to any fiscal year, a service—"(i) the price of which under any contract or subcontract subject to this title is not in excess of the lowest price at which such service is |)€rformed under similar circumstances by the contractor or subcontractor for civilian industrial or commercial purposes, and "' (ii) from the performance of which by the contractor or subcontractor at least 55 percent of the receipts or acciTials in such fiscal year a.re not (without regard to this subsection) subject to this title; " (p]) a service is, with respect to any fiscal year, 'reasonably comparable with a standard commercial service' only if— "(i) such service is of the same or a similar kind, performed with the same or similar materials, and has the same or a similar result, without necessarily involving identical operations, as a standard commercial service from the performance of which the contractor or subcontractor has receipts or accruals in such fiscal year, "(ii) the price of such service under any contract or subcontract subject to this title is not in excess of the lowest price at which such service is performed under similar circumstances by the contractor or subcontractor for civilian industrial or commercial purposes, and "(iii) at least 55 percent of the aggregate receipts or accruals in such fiscal year by the contractor or subcontractor from the performance of such service and such standard commercial service are not (without regard to this subsection) subject to this title; and " (F) the term 'standard commercial class of articles' means, with respect to any fiscal year, two or more articles with respect to which the following conditions are met: " (i) at least one of such articles either is customarily maintained in stock by the contractor or subcontractor or is offered for sale in accordance with a price schedule regularly maintained by the contractor or subcontractor, "(ii) all of such articles are of the same kind and manufactured of the same or substitute materials (without necessarily being of identical specifications), "(iii) the price of each of such articles under any contract or subcontract sub;ject to this title is not in excess of the lowest price at which such article is sold in similar quantity by the contractor or subcontractor for civilian

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industrial or commercial use, except for any excess attributable to the cost of accelerated delivery or other significantly different circumstances, "(iv) all of such articles are sold at reasonably comparable prices, and " (v) at least 55 percent of the aggregate receipts or accruals in such fiscal year by the contractor or subcontractor from sales of all such articles are not (without regard to this subsection and subsection (c) of this section) subject to this title.*' EFFECnVE

DATES

SEC. 105. The amendment made by section 102 shall take effect as of June 30, 1968. The amendments made by sections 103 and 104 shall apply with respect to amounts received or accrued in fiscal years of contractors and subcontractors ending after the date of the enactment of this Act. TITLE] II — ADMINISTRATION O F THE A N T I D U M P I N G ACT, 1921 DETERMINATION S UNDER THE A N T I D U M P I N G ACT,

1921

SEC. 201. (a) Nothing contained in the International Antidumping C^ode, signed at Geneva on June 30, 1967, shall be construed to restrict the discretion of the United States Tariff Commission in performing its duties and functions under the Antidumping xA.ct, 1921, and in performing their duties and functions under such Act the Secretary of the Treasury and the Tariff Commission shall— (1) resolve any conflict between the International Antidumping Code and the Antidumping Act, 1921, in favor of the Act as applied by the agency administering the Act, and (2) take into account the provisions of the International Antidumping Code only insofar as they are consistent with the Antidumping Act, 1921, as applied by the agency administering the Act. (b) No later than August 1, 1969, the President shall submit to the Ilouse of Representatives and United States Senate a report for the period beginning on July 1, 1968, and ending on June 30, 1969, which shall— (1) set out the text of all determinations made by the Secretary of the Treasury and the United States Tariff Commission under the Antidumping Act, 1921, in such period; (2) analyze with respect to each determination in such period the manner in which the Antidumping Act, 1921, has been administered to take into account the provisions of the International Antidumping Code; (3) summarize antidumping actions taken by other countries in such period against United States exports and relate such actions to the provisions of the International Antidumping Code; and (4) include such recommendations as the President determines appropriate concerning the administration of the Antidumping Act, 1921.

i9 usr 4348. '^^ ns*^^ m,

^^p°^i to con^''^^^'

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PUBLIC LAW 90-634-OCT. 24, 1968

[82 STAT.

TITLE III—INTERNATIONAL COFFEE AGREEMENT ACT O F 1968 SHORT TITLE

SEC. 301. This title may be cited as the "International Coffee Agreement Act of 1968". AUTHORITY FOR I M P L E M E N T A T I O N

19 usT 6333.

OF A G R E E M E N T

SEC. 302. On and after the entry into force of the International Coffee Agreement, 1968, and for such period prior to October 1, 1970, as the agreement remains in effect, the President is authorized, in order to carry out and enforce the provisions of that agreement— (1) to regulate the entry of coffee for consumption, or withdrawal of coffee from warehouse for consumption, or any other form of entry or withdrawal of coffee such as for transportation or exportation, including (A) the limitation of entry, or withdrawal from warehouse, of coffee imported from countries which are not members of the International Coffee Organization, (B) the prohibition of entry of any shipment from any member of the International Cb^ffee Organization of coffee which is not accompanied by a valid certificate of origin or a valid certificate of reexport, issued by a qualified agency in such form as required under the agreement, and (C) the imposition of special fees or such other measures as he deems appropriate to offset discriminatory treatment by other governments in favor of the export or reexport of processed coffee; (2) to require that every export or reexport of coffee from the United States shall be accompanied by a valid certificate of origin or a valid certificate of reexport, issued by a qualified agency of the United States designated by him, in such form as required under the agreement; (3) to require the keeping of such records, statistics, and other information, and the rendering of such reports, relating to the importation, distribution, prices, and consumption of coffee as he may from time to time prescribe; and (4) to take such other action, and issue and enforce such rules and regulations, as he may consider necessary or appropriate in order to implement the obligations of the United States under the agreement. DEFINITION OF COFFEE

SEC. 303. As used in section 302, "coffee" means coffee as defined in article 2 of the International Coffee Agreement, 1968. DELEGATION OF POWERS AND D U T I E S; PROTECTION OF UNITED STATES CONSUMERS

SEC. 304. The President may exercise any powers and duties conferred on him by this title through such agency or officer as he shall direct. The powers and duties conferred by this title shall be exercised in the manner the President considers appropriate to protect the interests of United States consumers. In the event the President determines that there has been an unwarranted increase in the price of coffee due in whole or in part to the International Coffee Agreement, the President shall request the International Coffee Council and the Executive Board to take appropriate action. At the same time he shall

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report his determination to the Congress. I n the event the International Coffee Council has failed to take corrective action to remedy the situation within a reasonable time after such request, the President shall submit to the Congress such recommendations as he may consider appropriate to correct the situation. REPORTS TO CONGRESS

SEC. 305. The President shall submit to the Congress an annual report on the International Coffee Agreement, 1968. Such report shall contain i^ UST 6333. full information on the operation of such agreement, including full information with respect to the general level of prices of coffee and matters pertaining to the transportation of coffee from exporting countries to the United States. The report shall also include a summary of the actions the United States and the International Coffee Organization have taken to protect the interests of United States consumers. P R E V E N T I O N OF D I S C R I M I N A T I O N AGAINST UNITED STATES-FLAG S H I P S

SEC. 306. (a) Upon complaint of any interested party filed after the date of enactment of this title, the President shall promptly make an investigation to determine whether any exporting country which is a member of the International Coffee Organization, or group of exporting countries which includes any member of such Organization, is taking action which, directly or indirectly, discriminates, or threatens to discriminate, against vessels registered under the laws of the United States in the shipping of coffee to the United States. If the President finds that discrimmation, or threat thereof, exists, he shall notify the Federal Maritime Commission which shall promptly make appropriate rules and regulations under section 19 of the Merchant Marine Act, 1920. If, within a reasonable time thereafter, the President finds that 4i Stat. 99;;. the effect of discrimination, or threat thereof, still exists, the authority conferred by section 302 shall cease to apply until such time as the President finds that the effect of discrimination, or threat thereof, has ceased to exist. (b) The President shall cause to be published promptly in the Publication in Federal Register (1) a copy of each complaint filed under subsection * ^'^^ egister. (a), (2) the results of the investigation made with respect to each such complaint and his findings thereunder, and (3) in the case of each complaint with respect to which he makes an affirmative finding of discrimination, or threat thereof, any rules and regulations made by the Federal Maritime Commission pursuant to subsection (a) and each subsequent finding made by him under such subsection. (c) Nothing contained in subsection (a) shall be construed to affect the powers and duties of the Federal Maritime Commission determined without regard to the provisions of such subsection. TITLE IV—MISCELLANEOUS AMENDMENT SEC. 401. (a) Section 103(c)(6) of the Internal Revenue Code of industrial de1954 (relating to exemption for certain small issues in the case of exe^^f^n. °'^ ^ industrial development bonds) is amended by adding at the end thereof Ante, p. 267. the following new subparagraphs: " (D) $5,000,000 LIMIT IN CERTAIN CASES.—At the election of the issuer, made at such time and in such manner as the Secretary or his delegate shall by regulations prescribe, with respect to any issue this paragraph shall be applied—

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[82 STAT.

"(i) by substituting '$5,000,000' for '$1,000,000' in subparagraph (A), and " (ii) m determining the aggregate face amount of such issue, by taking into account not only the amount described in subparagraph (B), but also the aggregate amount of capital expenditures with respect to facilities described in subparagraph (E) paid or incurred during the 6-year period beginning 3 years before the date of such issue and ending 3 years after such date (and financed otherwise than out of the proceeds of outstanding issues to which subparagraph (A) applied), as if the aggregate amount of,such capital expenditures constituted the face amount of a prior outstanding issue described in subparagraph (B). " (E) FACILITIES TAKEN INTO ACCOUNT.—For purposes of

subparagraph (D) ( i i), the facilities described in this subparagraph are facilities— "(i) located in the same incorporated municipality or located in the same county (but ndt in any incorporated municipality), and " (ii) the principal user of which is or will be the same person or two or more related persons. For purposes of c]a.use (i), the determination of whether or not facilities are located in the same ^ov'ernmental unit shall be made as of the date of issue of the issue in question. "(F)

CERTAIN CAPITAL EXPENDITURES NOT TAKEN INTO

ACCOUNT.—For purposes of subparagraph (D) (ii), any capital expenditure— " (i) to replace property destroyed or damaged by fire, storm, or other casualty, to the extent of the fair market value of the property replaced, " (ii) required by a change made after the date of issue of the issue in question in a Federal or State law or local ordinance of general application or required by a change made after such date in rules and regulations of general application issued under such a law or ordinance, or "(iii) required by circumstances which could not be reasonably foreseen on such date of issue or arising out of a mistake of law or fact (but the aggregate amount of expenditures not taken into account under this clause with respect to any issue shall not exceed $250,000), shall not be taken into account. " (G) LIMITATION ON LOSS OF TAX EXEMPTION.—In applying

subparagraph (D) (ii) with respect to capital expenditures made after the date of any issue, no obligation issued as a part of such issue shall be treated as an obligation not described in subsection (a)(1) by reason of any such expenditure for any period before the date on which such expenditure is paid or incurred. " (H) CERTAIN REFINANCING ISSUES.—In the case of any issue described in subparagraph (A) (ii), an election may tie made under subparagraph (D) only if all of the prior issues being redeemed are issues to which subparagraph (A) a p plies. I n applying s u b p a r a ^ a p h (D) (li) with respect to such a refinancing issue, capital expenditures shall be taken into account only for purposes of determining whether the prior issues being redeemed qualified (and would have continued to qualify) under subparagraph (A). "

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(b) The amendment made by subsection (a) shall apply with respect to obligations issued after the date of the enactment of this Act. Approved October 24, 1968.

Public Law 90-635 AN ACT

October 24, 1968

For implementing Conventions for Free Admission of Professional Eciuipment and by the Senate ATA, ECS, of Re preventatives of the Be it enacted Containers, and forand IIouHe and TIR Carnets.

[H.R. 18373]

United States of America in Congress assemhJsd^ That part 5 of Tariffs. F r e e admission schedule 2 of the Tariff Schedules of the United States (19 U.S.(\ of proiessio: professional on1202) is amended by insertinjr after item 270.10 the followina; new equipment, <. •±. \ t a i n e r s, and item: 270.15 I

International customs forms (carnets), and parts thereof,, in 1 I English or French (whether or not in additional languages)
 * Free

I
 * Free

I „. g.^.

„„'_

'

SEC. 2. (a) The article description for item 864.50 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended to read 77A Stat. 424. as follows: "Professional equipment, tools of trade, repair components for equipment or tools admitted under this item, and camping equipment; all the foregoing imported by or for nonresidents sojourning temporarily in the United States and for the use of such nonresidents". (b) Headnote 1 for subpart C of part 5 of schedule 8 of such Schedules is amended— _7!^ ^*^*' '^^^^ 78 Stat. 2 3 1. (1) by inserting "(a)'* after " 1. ' '; (2) by inserting "(1)*" after "except that" in the first sentence, and by inserting before the period at the end of such sentence the following: ", and (2) in the case of professional equipment and tools of trade admitted into the United States under item 864.50 which have been.seized (other than by seizure made at the suit of private j^ersons), the requirement of rexportation shall be suspended for the duration of the seizure"; and (3) by adding at the end thereof the following: "(b) For articles admitted into the United States under item 864.50, entry shall be made by the nonresident importing the articles or by an organization represented by the nonresident which is established under the laws of a foreign country or ha.s its principal place of business in a foreign country." SEC. 3. (a) The article description for item 808.00 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by insert- 77A Stat. 409. ing before the period at the end thereof the following: ", and repair components for a particular container of foreign production which is an instrument of international traffic". (b) Headnote 1 of subpart C of part 1 of schedule 8 of such Schedules is amended by inserting before the period at the end thereof the following: ", and also covers certain repair components". SEC. 4. Each of the preceding sections of this Act shall apply with Effective date. respect to articles entered, or withdrawn from warehouse, for consumption on and after a date which shall be proclaimed by the President, which date shall be consonant with the entering into force for the United States of the customs convention or conventions which such section implements. Approved October 24, 1968.

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PUBLIC LAW 90-636-OCT. 24, 1968

[82 STAT.

Public Law 90-636 October 24, 1968 [S.2938]

^-bf Manpower Development and Training Act of 19 62, amendment. 80 Stat. 1434. 42 USC 2572b. 42 USC 2572c.

42 USC 2610b.

42 USC 2614.

79 Stat. 80. 42 USC 2620.

76 Stat. 25; 79 Stat. 75; 42 USC 2573.

AN ACT To extend expiring provisions under the Manpower Development and Training Act of 1<.)62, a.s amended, and for other purposes.

Be It enacted by the Senate a^id House of Representatives of the United States of America in Congress assembled, That the Manpower Development and Training Act of 1962 is amended as follows: (1) Section 104(a) of the Act (LABOR MOBILITY DEMONSTRATION PROJECTS) is amended by striking out "1968" in the first sentence of such section, and inserting in lieu thereof "1970"; (2) Section 105 of the Act (TRAINEE PLACEMENT ASSISTANCE DEMONSTRATION PROJECTS) is amended by striking out "1968" in the first sentence of such section, and inserting in lieu thereof "1970"; (3) Section 251 of the Act (PART D—CORRECTIONAL INSTITUTIONS) is amended by striking out "1969" in the first sentence of such section, and inserting in lieu thereof "1970"; (4) Section 304(d) of the Act is amended by striking out "1968" and "1969", and inserting respectively in lieu thereof "1969" and "1970"; (5) Sections 310(a) and 310(b) of the Act are amended by striking out "1969" wherever it appears, and inserting in lieu thereof "1972". 5EC. 2. Section 106 of the Manpower Development and Training Act of 1962 is amended to read as follows: " L A B O R MARKET INFORMATION AND JOB MATCHING PROGRAM

42 USC 2701 note, 1305, 3121 note. 29 USC 49 e( seq. 20 USC 35 note. 31 note. 42 USC 3301 note.

"SEC. 106. (a) The Secretary of Labor shall develop a comprehensive system of labor market information on a national. State, local, or other appropriate basis, including but not limited to information regarding— "(1) the nature and extent of imi^ediments to the maximum development of individual employment potential including the number and characteristics of all persons requiring manpower services; " (2) job opportunities and skill requirements; " (3) labor supply in various skills; "(4) occupational outlook and employment trends in various occupations; and "(5) in cooperation and after consultation with the Secretary of Commerce, economic and business development and location trends. Information collected under this subsection shall be developed and made available in a timely fashion in order to meet in a comprehensive manner the needs of public and private users, including the need for such information in recruitment, counseling, education, training, placement, job development, and other appropriate activities under this Act and under the Economic Opportunity Act of 1964, the Social Security Act, the Public Works and Economic Development Act of 1965, the Wagner-Peyser Act, the Vocational Education Act of 1963, the Vocational Rehabilitation Act, the Demonstration Cities and Metropolitan Development Act of 1966, and other relevant Federal statutes. "(b) The Secretary of Labor shall develop and publish on a regular basis information on available job opportunities throughout the United

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States on a National, State, local, or other appropriate basis for use in public and private job placement and related activities and in connection with job matching programs conducted pursuant to this subsection. The Secretary is directed to develop and establish a program for matching the qualifications of unemployed, underemployed, and low-income persons with employer requirements and job opportunities on a National, State, local, or other appropriate basis. Such programs shall be designed to provide a quick and direct means of communication among local recruitment, job training and placement agencies and organizations, and between such agencies and organizations on a National, State, local, or other appixjpriate basis, with a view to the referral and placement of such persons in jobs. In the development of such a program, the Secretary shall make maximum possible use of electronic data processing and telecommunication systems for the storage, retrieval, and communication of job and worker information. "(c) A report on the activities and achievements under this section shall be included in the report required under section 107. 42 USC 2574. " (d) Not less than 2 per centum of the sums appropriated in any 42 fiscal year to carry out titles I, II, and III of this Act shall be available 2581,use 2571, 2611. only for carrying out the provisions of subsection (b) of this section." SEC. 3. (a) Section 202(f) of the Manpower Development and Training Act of 1962 is amended by striking "(i)'* and inserting in lieu '^^ ^^^ ''•^^^• thereof " (j) ". (b) The first sentence of section 231 of such Act is amended by " ^ "^^ ''^^^• ^ striking " (i) " and inserting in lieu thereof " (j)". SEC. 4. Section 203(c) of the Manpower Development and Train- Training ing Act of 1962 is amended by striking out the words "at a rate not in ^ 4Tusc^ 2583. excess of $20 a week" and by inserting in lieu thereof the following: "at a rate which shall not exceed the average weekly gross unemployment compensation payment (including allowances for dependents) for a week of total unemployment in the State making such payments during the most recent four-calendar-quarter period for which such data are available". SEC. 5. (a) Section 203(a) of the Manpower Development and Training Act of 1962 is amended by striking out "and the Virgin Islands" and inserting in lieu thereof ", the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands". (b) The third sentence of section 231 of such Act is amended by ^^jt'^^g^a^^j''^ inserting after "purposes of the Act" the following: ", and except that 42 USC 2601. the State agency for the Trust Territory of the Pacific Islands may be paid up to 100 per centum of such costs". "S at (c) Section 308 of such Act is amended by striking out "and Guam" 42 tu s e. "2618. e and inserting in lieu thereof "Guam, American Samoa, and the Trust Territory of the Pacific Islands". SEC. 6. Section 204(a) of the Manpower Development and Training JJ^r^^^"^"^ Act of 1962 is amended by inserting before the period at the end '^^'2'use 2584 thereof a colon and the following: '•'•Provided. That the Secretary shall not refuse to receive for consideration any application from an applicant who desires to conduct a training program under this part". SEC. 7. Section 231 of the Manpower Development and Training Act ^^^^^^ center. of 1962 is amended by renumbering the existing provisions (a) and by adding new subsection (b) as follows: "(b) In making arrangements for institutional training financed in whole or in part with funds appropriated to carry out title I, and title II, parts A, B, C, and D of this Act, including but not limited to 2581. use 2571 ^^^2 basic education, employability and communications skills, prevocational training, vocational and technical programs, and supplementary

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Funds, apportionment. 42 USC 2611.

Secretary ' s reapportionment of funds; limitation.

State administration of funds.

42 USC 2618.

PUBLIC LAW 90-636-OCT. 24, 1968

[82 STAT.

or related instruction for on-the-job training whether conducted at the job site or elsewhere, priority shall be given to the use of skills centers as established under the authority of this section." SEC. 8. The first sentence of section 301 of the Manpower Develop]nent and Training Act of 1962 is amended by adding before the period a comma and the following: "but in no evxuit shall any State be apportioned less than $750,000; except that for the Virgin Islands, Guam, and American Samoa, such amount shall be $100,000 each". SEC. 9. Section 301 of the Manpower Development and Training Act of 1962 is amended (1) by striking out "sixth month" in the proviso therein and inserting in lieu thereof "ninth month", (2) by striking out "80 days" in such proviso and by inserting in lieu thereof "15 days", and (3) by striking out in such proviso ", except that the requirement for prior notice shall not apply with respect to any reapportionment made during the last quarter of the fiscal year". SEC. 10. Section 301 of the Manpower Development and Training Act of 1962 is further amended by inserting " (a) " immediately after "SEC. 301." and by adding the following new subsecticm at the end thereof: "(b) Where the Secretaries of Labor and Health, Education, and Welfare have approved a plan submitted by a State council with whom they have an agreement under this Act, which plan may be submitted under a comprehensive area manpower planning system or under such other planning requirements as the Secretaries may specify, such State agency shall have authority to approve (1) project applications for an amount not to exceed 20 per centum of the funds apportioned to such State under the first sentence of section 301(a) without further project approval by the Federal Government; and (2) all other jaroject applications which conform to such State plan, unless either of the Secretaries disapprove such project applications within 30 days following receipt of such applications." SEC. 11. The Manpower Development and Training Act of 1962 is amended by inserting after section 308 the following new section: " T R A I N I N G A N D T E C H N I C A L ASSISTANCE

42 USC 2571, 2581, 2611.

"SEC. 309. (a) I n carrying out the responsibilities under this Act, the Secretary of Labor and the Secretary of Health, Education, and Welfare shall provide, directly or through grants, contracts, or other arrangements, training for specialized or other personnel and technical assistance which is needed in connection with the programs established under this Act or which otherwise pertains to the purposes of this Act. Upon request, the Secretary may make special assignments of personnel to public or private agencies, institutions, or employers to carry out the purposes of this section; but no such special assignments shall be for a period of more than two years. "(b) Two per centum of the sums appropriated in any fiscal year to carry out titles I, II, and III of this Act shall be available only for training and assistance authorized by this section." SEC. 12. The Manpower Development and Training Act of 1962 is further amended by adding at the end thereof a new title as follows: "TITLE IV—SEASONAL UNEMPLOYMENT IN THE CONSTRUCTION INDUSTRY "SEC. 401. (a) The Congress finds that seasonal unemployment represents a substantial portion of the unemployment in the construction industry, and a significant portion of all unemployment, that

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seasonal unemployment results in economic liardship for construction employees, employers, and for the consumers of construction services; that such unemployment constitutes unnecessary and wasteful misuse of the Nation's manpower resources; that stttbilization of construction operations may be expected to have a correspondingly stabilizing effect on construction employment and costs; and that it is highly desirable from the standpoint of the economy as a whole, and manpower policy in particular that positive and expeditious action be taken by public authorities and private groups to regularize construction employment. "(b) I t is therefore the purpose of this title to provide for the con- study. duct of a study of seasonality in the construction industry, with special attention to its implications for national manpower policy. "SEC. 402. The Secretary of Labor and the Secretary of (Commerce, „ Report to jointly, shall study, investigate, conduct research, and prepare a report congress. containing their findings and recommendations concerning means to achieve stabilization of employment in the construction industry and the diminishment of seasonality of employment in such industry, with special attention to its implications for national manpower policy, and shall transmit such report to the President and to the Congress no later than December 31, 1969. "SEC. 403. Matters which the Secretary of Labor and the Secretary consultation of Commerce, after consultation with other appropriate officials of Federalg^encus. Federal agencies, including, but not necessarily limited to, the Swretary of Health, Education, and Welfare, the Secretary of Housing and LTrban Development, the Secretary of the Interior, the Secretary of Transportation, the Administrator of the General Services Administration, and the Director of the Bureau of the Budget, and with engineers, with other appropriate officials of Federal agencies, including, but not necessarily limited to, the Secretary of Health, Education, and Welfare, the Secretary of Plousing and ITrban Development, the Secretary of the Interior, the Secretary of Transportation, the Administrator of the General Services Administration, and the Director of the Bureau of the Budget, and with engineers, architects, and representatives of labor and management in the construction industry, shall consider, shall include, but not necessarily be limited to, the extent to which seasonal unemployment in the construction industry can be reduced without substantial increases in construction costs by means such as— " (a) the application of modern techniques to reduce the influence of weather on construction activity; " (b) the resolution of technical problems which have not been solved by existing research and development activities; "(c) possible changes in contract procedures in allocation cycles; and " (d) improved planning and scheduling of construction projects." SEC. 13. The Manpower Development and Training Act of 1962 is amended by adding at the end thereof the following new title: " TITLE V—SUPPLEMENTARY STATE PROGRAMS

/ •Ppdr

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[82

STAT.

the effectiveness of, or correcting imbalances among, the services available from all Federal manpower and related programs seeking to improve the ability of disadvantaged persons to move into productive employment. "AUTHORIZATION FOR GRANTS

"SEC. 502. The Secretary of Labor (hereinafter in this title referred to as the Secretary) is authorized to grant to any State which meets the requirements of section 403 an amount, for fiscal years 1969 and 1970, not to exceed 75 per centum of the cost of the supplemental efforts and activities undertaken by a State pursuant to the provisions of this title. "APPLICATIONS AND CONDITIONS

"SEC. 503. (a) Any State which desires a grant under this title shall make application to the Secretary at such time, in such manner, and containing or accompanied by such information as he deems reasonably necessary. " (b) No grant may be made under the provisions of this title unless the Secretary finds that— "(1) after consultation with said State, the effectiveness of Federal manpower and related programs seeking to move disadvantaged persons into productive employment within such State can be facilitated or improved by additional State efforts and activities; and " (2) such application (A) describes how such additional efforts and activities will be undertaken in support of existing Federal programs, (B) demonstrates that such efforts and activities are not inconsistent with such State's cooperative area manpower planning system plan, (C) demonstrates that such efforts and activities will contribute to carrying out the purposes of this title, and (D) provides assurances that the State will pay the nonFederal share of the cost of such efforts and activities under this title. u. RUI^S AND REXIULATIONS

"SEC. 504. The Secretary may prescribe such rules and regulations under this title as he deems necessary. u AUTHORIZATION OF APPROPRIATIONS

"SEC. 505. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this title." Approved October 24, 1968. Public Law 90-637 October 24, 1968 [S. 3174]

AN ACT To establish a National Memorial to Woodrow Wilson.

Be it enacted by the Senate and House of Rep'r-esentatlveH of the .m°o°2° AcTof°" United States of America in Congress assembled, That this Act may be M '^°"^ ''' ° cited as the "Woodrow Wilson Memorial Act of 1968." 1968

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DECLARATION O F POLICY

SEC. 2. The Congress hereby finds and declares— (1) that a living institution expressing the ideals and concerns of Woodrow Wilson would be an appropriate memorial to his accomplishments as the twenty-eighth President of the United States, a distinguished scholar, an outstanding university president, and a brilliant advocate of international understanding; (2) that the Woodrow Wilson Memorial Commission, created by joint resolution of Congress, recommended that an International Center for Scholars be constructed in the District of Columbia in the area north of the proposed Market Square as part of the Nation's memorial to Woodrow Wilson; (3) that such a center, symbolizing and strengthening the fruitful relation between the world of learning and the world of public affairs, would be a suitable memorial to the spirit of Woodrow Wilson; and (4) that the establishment of such a center would be consonant with the purposes of the Smithsonian Institution, created by Congress in 1846 "for the increase and diffusion of knowledge among men."

^s Stat. vss.

9 Stat. 102.

THE CENTER A N D THE BOARD OF TRUSTEES

SEC. 3. (a) There is hereby established in the Smithsonian Institu- in^^°°^i°Z,T^^°'' tion a Woodrow Wilson International Center for Scholars and a center fo"' Board of Trustees of the Center (hereinafter referred to as the ~''J]°^g"g' f°^^^ °^ "Center" and the "Board"), whose duties it shall be to maintain and center^^ ° administer the Center and site thereof and to execute such other Establishment. functions as are vested in the Board by this Act. (b) The Board of Trustees shall be composed of fifteen members as Membership. follows: (1) the Secretary of State; (2) the Secretary of Health, Education, and Welfare; (3) the Chairman of the National Endowment for the Humanities; (4) the Secretary of the Smithsonian Institution; (5) the Librarian of Congress; (6) the Archivist of the United States; (7) one appointed by the President from time to time from within the Federal Government; and (8) eight appointed by the President from private life. (c) Each member of the Board of Trustees specified in paragraphs (1) through (7) of subsection (b) may df^signate another official to serve on the Board of Trustees in his stead. (d) Each member of the Board of Trustees appointed under para- '^^™graph (8) of subsection (b) shall serve for a term of six years from the expiration of his predecessor's term; except that (1) any trustee apjxnnted to fill a vacancy occurring prior to the expiration of the term tor which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the trustees first taking office shall begin on the date of the enactment of this Act, and shall expire as designated at the time of appointment, two at the end of two years, three at the end of four years, and thi-ee at the end of six years. No trustee of the Board chosen from private life

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PUBLIC LAW 90-637-OCT. 24, 1968 shall be eligible to serve in a trustee whose term has qualified. (e) The President shall from among the members

[82 STAT.

excess of two consecutive terms, except that expired may serve until his successor has designate a Chairman and a Vice Chairman of the Board chosen from private life.

POWERS A N D D U T I E S OF THE BOARD

SEC. 4. (a) In administering the Center, the Board shall have all necessary and proper powers, which shall include but not be limited to the power to— (1) appoint scholars, from the United States and abroad, and, where appropriate, provide stipends, grants, and fellowships to such scholars, and to hire or accept the voluntary services of consultants, advisory boards, and panels to aid the Board in carrying out its responsibilities; (2) solicit, accept, and dispose of gifts, bequests, and devices of money, securities, and other property of whatsoever character for the benefit of the Center; any such money, securities, or other property shall, upon receipt, be deposited with the Smithsonian Institution, and unless otherwise restricted by the terms of the gift, expenditures shall be in the discretion of the Board for the purposes of the Center; (3) obtain grants from, and make contracts with. State, Federal, local, and private agencies, organizations, institutions, and individuals; (4) acquire such site as a location for the Center as may subsequently be authorized by the Congress; (6) acquire, hold, maintain, use, operate, and dispose of any physical facilities, including equipment, necessary for the operation of the Center; (6) appoint and fix the compensation and duties of the director and such other officers of the Center as may be necessary for the efficient administration of the Center; the director and two other officers of the Center may be appointed and compensated without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service and chapter 51 and 533i"eTseq°^ ^' ^*'^' Subchapter III of chapter 53 of title 5 of the United States Code; and (7) prepare plans and specifications for the Center, including the design and development of all buildings, facilities, open spaces, and other structures on the site in consultation wnth the President's Temporary Commission on Pennsylvania Avenue, or its successor, and with other appropriate Federal and local agencies, such plans to include an exterior classic frieze memorial to Woodrow Wilson. (b) The Board shall, in connection with acquisition of any site authorized by Congress, as provided for in paragraph (4) of subsection (a) of this section, provide, to businesses and residents displaced from any such site, relocation assistance, including payments and other benefits, equivalent to that authorized to displace businesses 42 USC U41 '^^^ residents under the Housing Act of 1949, as amended. The Board note. shall develop a relocation program for existing businesses and residents within the site and submit such program to the government of the District of Columbia for a determination as to its adequacy and feasibility. In providing such relocation assistance and developing

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1359

PUBLIC LAW 90-638-OCT. 24, 1968

such relocation program the Board shall utilize to the maximum extent the services and facilities of the appropriate Federal and local agencies. ADMINISTRATION

SEC. 5. The Board is authorized to adopt an official seal which shall be judicially noticed and to make such bylaws, rules, and regulations as it deems necessary for the administration of its functions under this Act, including, among other matters, bylaws, rules, and regulations relating to the administration of its tnist funds and the organization and procedure of the Board. A majority of the members of the Board shall constitute a quorum for the transaction of business. APPROPRIATION

SEC. 6. There are hereby authorized to be appropriated to the Board such funds as may be necessary to carry out the purposes of this Act: Provided. That no more than $200,000 shall be authorized for appropriation through fiscal year 1970 and no part of that appropriation shall be available for construction purposes. RECORDS A N D A U D I T

SEC. 7. The accounts of the Board shall be audited in accordance with the principles and procedures applicable to, and as part of, the audit of the other Federal and trust funds of the Smithsonian Institution. Approved October 24, 1968.

Public Law 90-638 AN ACT To amend the Tariff Schedules of the United States with respect to the rate of duty on certain nonmalleable iron castings, and for other purposes. Be it enacted by the Senate and House of Repre>ientatives of the United States of America in Congress assembled, That (a) schedule 6, part 4, subpart A of the Tariff Schedules of the United States (19 U.S.C., sec. 1202) is amended by striking out item 662.20 and inserting in lieu thereof the following: 662.18

Other: Cast iron (except malleable cast Iron) parts, not alloyed and not advanced beyond cleaning, and machined only for the removal of flns. gates, sprues, and risers, or to permit location in finishing machinery Other

2.5% ad val. 10% ad val.

October 24, 1968 [H. R. 653]

Tariff Schedules. Iron c a s t i n g s, rate of duty. 77A Stat. 311.

10% ad val. 35% ad val.

(b)(1) Except as provided in paragraph (2), the amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, after the date of the enactment of this Act. (2) Upon retjuest therefor filed with the customs officer concerned on or before the 120th day after the date of the enactment of this Act, the entry or withdrawal of any article described in item 662.18 of the Tariff Schedules of the United States (as added by subsection (a)) which was made after August 30, 1963, and on or before the date of the enactment of this Act shall, notwithstanding the provisions of section 514 of the Tariff' Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal has been made on the day after the date of the enactment of this Act. For

46 Stat. 734. 19 USC 1514.

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post, p. 1576. vauTeLhi^^^ weight. post, p. 1469.

^J°°^' '^'^ °^ 77A Stat. 146, 147.

Effective date.

76 Stat. 881 900

19 USC 1886, ^^8172 Stat.^675. ' 19 USC 1351.

PUBLIC LAW 90-638-OCT. 24, 1968

[82 STAT.

purposes of the preceding sentence, in the case of an entry or withdrawal of any article made before January 1, 1968, the rate of duty in rate column numbered 1 of item 662.18 of the Tariff Schedules of the United States (as added by subsection (a)) shall be treated as being 3 percent ad valorem. (c) Effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after January 1, 1969, January 1, 1970, January 1, 1971, and January 1, 1972, item 662.18 of the Tariff Schedules of the United States (as added by subsection (a)) is amended by striking out the matter in rate column numbered 1 and inserting in lieu thereof, respectively, " 2 % ad val.", " 2 % ad val.", "1.5% ad val.", and "1.5% ad val.". (d) The rates of duty in rate column numbered 1 of the Tariff' Schedules of the United States (as amended by the subsections (a) and (c)) shall be treated as not having the status of statutory provisions enacted by the Congress, but as having been proclaimed by the Pi-esident as being required or appropriate to carry out foreign trade agreements to which the United States is a party. The rate of duty in rate column numbered 1 of item 662.20 of the Tariff Schedules of the United States (as amended by subsection (a)) shall not supersede the staged rates of duty provided for such item in Annex III to Proclamation 3822, dated December 16, 1967 (32 Fed. Reg., No. 244, part II). SEC. 2. (a) The headnotes for schedule 3 of the Tariff Schedules of the United States (19 U.S.C. 1202) are amended by adding after headiiote 6 the following new headnote: "7. With respect to fabrics provided for in part 3 (other than fabrics valued over $2 per pound provided for in item 337.50) and in part 4 of this schedule, provisions for fabrics in chief value of wool shall also apply to fabrics in chief weight of wool (whether or not in chief value o i wool). For the purposes of the preceding sentence, a fabric is in chief weight of wool if the weight of the wool component is greater than the weight of each other textile component (i.e., cotton, vegetable fibers except cotton, silk, manmade fibers, or other textile materials) of the fabric." (b) Items 355.70, 356.30, and 359.30 of the Tariff Schedules of the United States are each amended— (1) by striking out " 3 2 % ad val." and inserting in lieu thereof "37.5^ per lb. + 3 2 % ad val."; and (2) by striking out "50% ad val." and inserting in lieu thereof "500 per lb. + 50% ad val.". (c) The amendments made by subsections (a) and (b) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the 60th day after the date of the enactment of this Act. (d)(1) For purposes of applying sections 256(4), 256(5), and 351 (b) of the Trade Expansion Act of 1962 and section 350(c)(2)(A) of the Tariff Act of 1930— (A) the rates of duty in rate column numbered 1 of the Tariff Schedules of the United States (as changed by subsection (b)) shall be treated as the rates of duty existing on July 1, 1962; and (B) the rates of duty in rate column numbered 2 of such Schedules (as changed by subsection (b)) shall be treated as the rates of duty existing on July 1, 1934. (2) The rates of duty in rate column numbered 1 of the Tariff Schedules of the United States (as amended by subsection (b)) shall be treated as not having the status of statutory provisions enacted by the Congress, but as having been proclaimed by the President as being required or appropriate to carry out foreign trade agreements to which the United States is a party.

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PUBLIC LAW 90-639-OCT. 24, 1968

SEC. 3, (a) The Secretary of the Treasury is authorized and directed to admit free of duty one mass spectrometer, and all equipment, parts, accessories, and appurtenances for such spectrometer which accompany it, imported for the use of Utah State University. (b) Upon request therefor filed with the customs officer concerned on or before the 120th day after the date of the enactment of this Act, the entry or withdrawal of the articles described in subsection (a) shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated in accordance with the provisions of subsection (a). Approved October 24, 1968.

1361 Spectrometer for use of Utah State University. Duty-free entry.

46 Stat. 734 19 USC 1514.

Public Law 90-639 AN ACT To amend the Federal Food, Drug, and Cosmetic Act to increase the penalties for unlawful acts involving lysergic acid diethylamide (LSD) and other depressant and stimulant drugs, and for other purposes.

October 24, 1968

[H. R. I4096]

Be it enacted by the Seriate and House of Representatives of the LSD other United States of America in Congress ossembled, That section 201(v) d e p r e s sand and ant (8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) stimulant drugs. 79 Stat. 227. is amended by striking out "any drug" and inserting in lieu thereof ''lysergic acid diethylamide and any other drug". Possess SEC. 2. (a) Section 511(c) of the Federal Food, Drug, and Cos- restriction.i o n, metic Act (21 LT.S.C^. 360a(c)) is amended to read as follows: "(c) No person, other than a person described in subsection (a) or (b)(2) of this section, shall— "(1) possess any depressant or stimulant drug for sale, delivery, or other disposal to another, or "(2) otherwise possess any such drug unless such drug was obtained directly, or pursuant to a valid prescription, from a practitioner (licensed by law to prescribe or administer such drug) while acting in the course of nis professional practice." (b) Clause (3) of paragraph (q) of section 301 of such Act (21 U.S.C. 331 (q)(3)) is amended to read as follows: " (3)(A) the possession of a drug in violation of section 511(c)(1), or (B) the possession of a drug in violation of section 511(c)(2); ". alti s. SEC. 3. Section 303 of such Act (21 U.S.C. 333) is amended by P e nStat.e1043; 52 striking out subsections (a) and (b) and inserting in lieu thereof the 79"statr233l^ following new subsections: "SEC. 303. (a) Any person who violates a provision of section 301 (other than a provision referred to in subsection (b) of this section) shall be imprisoned for not more than one year or fined not more than $1,000, or both; except that if any person commits such a violation after a conviction of him under this subsection has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than three years or fined not more than $10,000, or both. " (b)(1) Any person who violates clause (1), (2), or (3)(A) of section 301(q), or violates, with respect to a depressant or stimulant drug, any of the provisions of paragraph (3) of section 301(i), shall, except as otherwise provided in paragraph (2) of this subsection, be imprisoned for not more than five years or fined not more than $10,000, or both.

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Page:United States Statutes at Large Volume 82.djvu/1404

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Canal Zone, applicability. 76 Stat. 796.

52 Stat. 1044, 79 Stat. 232. P u b l i c information programs, priority.

National Institute of Neurological D i s e a s e s and B l i n d n e s s. Name c h a n g e. Ante, p. 772.

PUBLIC LAW 90-639-OCT. 24, 1968

[82 STAT.

" (2) Any person eigliteen or older who violates clause (2) of section 301 (q) by selling, delivering, or otherwise disposing of any depressant or stimulant drug to a person who is under twenty-one, shall be imprisoned for not more than ten years or fined not more than $15,000, or both, except that if any person commits such a violation after a conviction of him under this paragraph has become final, he shall be imprisoned for not more than fifteen years or fined not more than $20,000, or both. "(3)(A) Except as otherwise provided in this subparagraph or in subparagraph (B), any person who violates clause (3)(B) of section 301 (q) shall be imprisoned for not more than one year or fined not more than $1,000, or both. If any person commits such a violation after two prior convictions of him for violation of such clause have become final, he shall be imprisoned for not more than three years or fined not more than $10,000, or both. " (B) In the case of any person who is convicted for the first time of violating a provision of section 301(q) and whose conviction was for violating clause (3)(B) of such section, the court may suspend the imposition or execution of sentence and place such person on probation subject to such conditions as the court may impose and for such period, not to exceed one year, as the court may prescribe. The court may, in its discretion, unconditionally discharge such person from probation prior to the expiration of the maximum period prescribed for such person's probation. Such discharge shall automatically set aside the conviction, and the court shall issue to such person a certificate to that effect. If during the period of his probation such l^erson does not violate any of the conditions of his probation, his conviction shall at the expiration of such period be automatically set aside, and the court shall issue to such person a certificate to that effect." SEC. -1. (a) Section 201(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(a)(2)) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: "; except that such term includes the Canal Zone for the purposes of sections 201, 301 (i), 301 (p), 301 (q), 302, 303, 304 (other than paragraph (1) of subsection (a)), 307, 510, 511, 702, 703, 704, and 705 as they apply to depressant or stimulant drugs, containers thereof and equipment used ni manufacturing, compounding or processing any such drug.'' (b) Section 304(a) of such Act (21 U.S.C. 334(a)) is amended by inserting "or United States court of a Territory*' after "district court of the United States" wherever these words occur. SEC. 5. I t is the sense of the Congress that, because of the inadequate knowledge on the part of the people of the United States of the substantial adverse effects of misuse of depressant and stimulant drugs, and of other drugs liable to abuse, on the individual, his family, and the community, the highest priority should be given to Federal programs to disseminate information which may be used to educate the public, particularly young persons, regarding the dangers of drug abuse. SEC. 6. The amendments made by this Act shall apply only with respect to violations of the Federal Food, Drug, and Cosmetic Act committed after the date of the enactment of this Act. SEC. 7. The last sentence of Public Law 90-489 is amended to read as follows: "The name of the National Institute of Neurological Diseases and Blindness is hereby changed to the 'National Institute of Neurological Diseases and Stroke'." Approved October 24, 1968.

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PUBLIC LAW 90-640-OCT. 25, 1968

1363

Public Law 90-640 AN ACT

October 25, 1968

To amend the District of Columbia Public School Food Services Act to provide ____[Liai!J for the payment of salaries of food service employees from appropriated funds, to provide for adjustments in those salaries, and for other purposes.

Be it enacted by the Senate and House of Representatives of the D.C. Public United States of America in Congress assembled. That section 2(d) of School Food the District of Columbia Public School Food Services Act (65 Stat. serWcesXct, 368; D.C. Code, sec. 31-1402) is amended by striking out "at rates of amendment. pay to be fixed by said Board vfithout reference to the (Classification Act of 1949," and inserting in lieu thereof a period and the following: "The Commissioner of the District of Columbia shall fix and adjust, from time to time, the rates of pay of such personnel in accordance with the rates of pay of personnel in positions of similar levels of duties, responsibilities, and qualification requirements, as determined by the Commissioner,". SEC. 2. The last sentence of section 5 of the District of Columbia ^°°^ services Public School Food Services Act (6,5 Stat. 369; D.C. Code, sec. 3 1 - ""• 1404) is amended to read as follows: "The Food Services Fund shall be available for the payment of all expenses, other than personal services, necessary for the operation of the Department of Food Services, to the extent that appropriations, other than appropriations for personal services, are not available or are insufficient to pay such expenses in the fiscal year concerned.". SEC. 3. Section 6 of the District of Columbia Public School Food Services Act (65 Stat. 369; D.C. Code, sec. 31-1405) is amended to ^^ Stat. 1735. read as follows: "SEC, 6. Appropriations are authorized for the payment of compensation for all personal services necessary for the operation of the Department of Food Services and for the acquisition, maintenance, and replacement of equipment for use in that operation.". SEC. 4. Unobligated funds, not to exceed $148,000, appropriated to ^^^l°%ll"JZ^^. the general fund of the government of the District of Columbia for pensation/funds. the fiscal year ending June 30, 1968, may be used to increase the compensation of employees in the Department of Food Services in the public schools of the District of Columbia, for the period beginning February 11, 1968, and ending June 3O5 1968. SEC. 5. (a) Retroactive pay is authorized for the period beginning Retroactive pay, T^ 1 -

1^

1 r\nr,

1 T

1

1

l • T

t •

•

conditions.

on b ebruary 11, 1968, and ending on the date on which adjustments m rates of pay are officially ordered by the Commissioner of the District of Columbia as a result of the enactment of this Act; but such retroactive pay shall be paid only— (1) in the case of an individual in the service of the Board of Education of the District of Columbia (including service in the Armed Forces of the United States) on the date on which such adjustments in rates of pay are so ordered; (2) to a former employee within the classes of employees whose pay is adjusted, by official order of the Commissioner of the District of Columbia as a result of the enactment of this Act, who retired during the period beginning on February 11, 1968, and ending on the date on which such adjustments in rates of pay are so ordered, for services rendered during such period; and (3) in accordance with subchapter VIII of chapter 55 of title 5, United States Code, relating to settlement of accounts of s^us'c^sssf-sssa deceased employees, for services rendered, during the period beginning on February 11, 1968, and ending on the date on which such adjustments in rates of pay are so ordered, by a former employee within the classes of employees whose pay is adjusted by

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PUBLIC LAW 90-640-OCT. 25, 1968

[82 STAT.

official order of the Commissioner of the District of Columbia as a result of the enactment of this Act, who died during such period, (b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the government of the District of Columbia. Effective dates. SEC. 6. (a) The preceding sections of this Act shall become effective as of July 1, 1968. (b) For the purposes of determining the amount of insurance for which an individual is eligible under chapter 87 of title 5, United 80 Stat. 592; 81 Stat. 219, 6 4 6. States Code, relating to group life insurance for Government employsusc'sroi"""* ees, all adjustments m rates of pay, which are officially ordered by the Commissioner of the District of Columbia as a result of the enactment of this Act and which become effective in any period prior to the date on which such adjustments in rates of pay are so ordered, shall be held and considered to become effective on the date on which such adjustments are so ordered. Approved October 25, 1968.

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 REORGANIZATION PLANS

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Page:United States Statutes at Large Volume 82.djvu/1409

 REORGANIZATION PLANS

Reorganization Plan No. 1 of 1968 Prepared by the President and transmitted to the Senate and the Februar"7"']968. House of Representatives in Congress assembled, February 7, 1968^ Effective y^prii 8, pursuant to the provisions of chapter 9 of title 5 of the United States ^^^^• Code

/

/-

/

/

80 Stat. 393.

NARCOTICS; DRUG ABUSE CONTROL

1. Transfer of functions from Treasury Department. There are hereby transferred to the Attorney General: (a) Those functions of the Secretary of the Treasury which are administered through or with respect to the Bureau of Narcotics. (b) All functions of the Bureau of Narcotics, of the Commissioner of Narcotics, and of all other officers, employees and agencies of the Bureau of Narcotics. (c) So much of other functions or parts of functions of the Secretary of the Treasury and the Department of the Treasury as is incidental to or necessary for the performance of the functions transferred by paragraphs (a) and (b) of this section. SEC. 2. Transfer of functions from the Department of Healthy Education^ and Welfare. There are hereby transferred to the Attorney General: (a) The functions of the Secretary of Health, Education, and Welfare under the Drug Abuse Control Amendments of 1965 (Public Law 89-74; 79 Stat. 226), except the function of regulating the counter- ^^^ "sc 36ci,a feiting of those' drugs which are not controlled "depressant or stimulant" drugs. SECTION

1367

- 6 0 0 O - 69 - 89

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Ante, p. 1312.

46 Stat. 585.

REORGANIZATION PLAN NO. 1 OF 1968

[82

STAT.

(b) So much of other functions or parts of functions of the Secretary of Health, Education, and Welfare, and of the Department of Health, Education, and Welfare, as is incidental to or necessary for the performance of the functions transferred by paragraph (a) of this section. SEC. 3. Bureau of Narcotics and Dangerous Drugs, (a) There is established in the Department of Justice an agency which shall be known as the Bureau of Narcotics and Dangerous Drugs. The Bureau shall be headed by a Director who shall be appointed by the Attorney General to a position in the competitive service. The Director shall perform such duties as the Attorney General shall prescribe, and shall receive compensation at the rate now or hereafter provided for Level V of the Executive Schedule Pay Eates (5 U.S.C. 5316). (b) There are hereby established in the Department of Justice, in addition to the positions transferred to that Department by this Plan, four new positions, appointment to which shall be made by the Attorney General in the competitive service. Two of those positions shall have compensation at the rate now or hereafter provided for GS-18 positions of the General Schedule and the other two shall have compensation at the rate now or hereafter provided for GS-16 positions of the General Schedule (5 U.S.C. 5332). Each such position shall have such title and duties as the Attorney General shall prescribe. SEC. 4. Abolition. The Bureau of Narcotics in the Department of the Treasury, including the office of Commissioner of Narcotics (21 U.S.C. 161), is hereby abolished. The Secretary of the Treasury shall make such provision as he may deem necessary with respect to terminating those affairs of the Bureau of Narcotics not otherwise provided for in this reorganization plan. SEC. 5. Performance of transferred functions. The Attorney General may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any officer, employee, or organizational entity of the Department of Justice. SEC. 6. Incidental transfers, (a) There are hereby transferred to the Department of Justice all of the positions, pereonnel, property, records, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, (1) of the Bureau of Narcotics, and (2) of the Bureau of Drug Abuse Control of the Department of Health, Education, and Welfare. (b) There shall be transferred to the Department of Justice, at such time or times as the Director of the Bureau of the Budget shall direct, so much as the Director shall determine of other positions, personnel, property, records and unexpended balances of appropriations, allocations, and other funds of the Department of the Treasury and of the Department of Health, Education, and Welfare employed, used, held, available or to be made available in connection with functions transferred by the provisions of this reorganization plan. (c) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided in this section shall be carried out in such manner as he may direct and by such agencies as he shall designate.

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