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I I I I j I \ I Penalty.

[82 STAT.

(b) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from— (1) participating, without discrimination on account of racej color, religion or national origin, in any of the activities, services, organizations or facilities described in subsection 901(a); or (2) affording another person or class of persons opportunity or protection so to participate; or (c) any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the activities, services, organizations or facilities described in subsection 901(a), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate— shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. TITLE X—CIVIL OBEDIENCE SHORT TITLE

"Civil obedience Act of 1968."

SEC. 1001. This title may be cited as the "Civil Obedience Act of 1968". C R I M I N A L P E N A L T I E S FOR ACTS C O M M I T T E D I N CIVIL

18 USC 20/-^' 224.

DISORDERS

SEC. 1002. (a) Title 18, United States Code, is amended by inserting after chapter 11 thereof the following new chapter: "Chapter 12.—CIVIL DISORDERS "Sec.

"231. Civil disorders. "232. Definitions. "233. Preemption.

"§ 231. Civil disorders " (a)(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or "(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or "(3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the move-

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ment of any article or coniniodity in commerce or the conduct or performance of any federally protected function— "Shall be fined not more than $10,(X)0 or imprisoned not more than P^^^ity five years, or both. " (b) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties. "§232. Definitions "For purposes of this chapter: "(1) The term 'civil disorder' means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual. "(2) The term 'commerce' means commerce (A) between any State or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia. "(3) The term 'federally protected function' means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails. "(4) The term 'firearm' means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon. "(5) The term 'explosive or incendiary device'means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a W'ick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone. "(6) The term 'fireman' means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia. "(7) The term 'law enforcement officer' means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include, but shall not be limited to, members of the National Guard, as defined in section 101(9) of title 10, United States Code, members of the organized militia of any State, or 70A Stat. territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of National Guard as defined by such section 101(9), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder. "§233. Preemption "Nothing contained in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any provisions of the chapter operate to the exclusion of State or local laws on

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62 Stat

[82 STAT.

the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of State law miless such pix>vision is inconsistent with any of the purposes of this chapter or any provision thereof." ^^^ '^^^ ^^^^® ^^ contents to " P A R T I. — C R I M E S " of title 18, United States Code, is amended by inserting after "11, Bribery and graft 211" a new chapter reference as follows: "12. Civil disorders 231". Approved April 11, 1968. Public Law 90-285

April 12, 1968

JOINT RESOLUTION

[H.j. Res. 1223] iji^ continue for a temporary period the 7 percent excise tax rate on automobiles and the 10 percent excise tax rate on communication services. Excise taxes, extension.

26u'sc^06i

Effective date.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the following provisions of the Internal Revenue Code of 1954 are each amended by striking out "March 31, 1968" and inserting in lieu thereof "April 30, 1968", and by striking out "April 1, 1968" and inserting in lieu thereof "May 1, 1968": ^^^ Section 4061 (a,) (2) (relating to tax on passenger automobiles); (2) Section 6412(a)(1) (relating to floor stocks refunds on
 * passenger automobiles); and

(3) Subsections (a)(2) and (c) of section 4251 (relating to tax on certain communications services). Subsection (c) of such section 4251 is amended by striking out "February 1, 1968" and inserting in lieu thereof "March 1, 1968", and by striking out "January 31, 1968" and inserting in lieu thereof "February 29, 1968". ^^^ -p^g amendments made by subsection (a) shall take effect as of March 31, 1968. Approved April 12, 1968.

Public Law 90-286 April 12, 1968 JOINT RESOLUTION [H.J. Res. 1229] Malving a supplemental appropriation for the fiscal year ending June 30, 1968, and for other purposes. Resolved by the Senate and House of Representatives of the United mental"i ^ro^rfa- 'States of America in Congress Assembled, That the following sum is tion,^96^^'^°^"^ appropriated out of any money in the Treasury not otherwise approprrated, to supply a supplemental appropriation for the fiscal year ending June 30, 1968, and for other purposes, namely: DEPARTMENT OF LABOR BUREAU or EMPLOYMENT SECURITY

For an additional amount for "unemployment compensation for Federal employees and ex-servicemen", $28,000,000. Approved April 12, 1968.

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93

Public Law 90-287 AN ACT Relating to the Tiwa Indians of Texas.

April 12, 1968 [H.R. 10599]

Be It enacted by the Senate and House of Representatives of the Tiwa United States of America in Congress assembled, That the Indians Ysleta, Indians of Tex. now livhig in El Paso County, Texas, who are descendants of the *DesTgnatron Tiwa Indians of the Ysleta (Isleta) del Sur Pueblo settling in Texas at Ysleta in 1682, shall, from and after the ratification of this Act, be known and designated as Tiwa Indians of Ysleta, Texas, and shall continue to enjoy all rights, privileges, and immunities enjoyed by them as citizens of the State of Texas and of the United States before the enactment of this Act, and shall continue to be subject to all the obligations and duties of such citizens under the laws of the State of Texas and the United States. Responsibility, SEC. 2. Responsibility, if any, for the Tiwa Indians of Ysleta del transfer. Sur is hereby transferred to the State of Texas. Nothing in this Act shall make such tribe or its meml>ers eligible for any services performed by the United States for Indians because of their status as Indians nor subject the United States to any responsibility, liability, claim, or demand of any nature to or by such tribe or its members arising out of their status as Indians, and none of the statutes of the United States which affect Indians because of their status as Indians shall be applicable to the Tiwa Indians of Ysleta del Sur. Nothing herein shall preclude the application to the people of the Tiwa Indians of programs undertaken pursuant to the Economic Opportunity Act 42 USC 2701 of 1964 (78 Stat. 508), as heretofore or hereafter amended. note. Approved April 12, 1968.

Public Law 90-288 AN ACT To prohibit unfair trade practices affecting producers of agricultural products, and for other purposes.

,

,

April 16, 196f [s.i09]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall Agricultural Fair p-=.-i^». Practices be known as the Agricultural F a i r Practices Act of 1967. ""'' of 1967. Act LEGISLATIVE FINDINGS AND DECLARATION OF POLICY

S E C 2. Agricultural products are produced in the United States by many individual farmers and ranchers scattered throughout the various States of the Nation. Such products in fresh or processed form move in large part in the channels of interstate and foreign commerce, and such products which do not move in these channels directly burden or affect interstate commerce. The efficient production and marketing of agricultural products by farmers and ranchers is of vital concern to their welfare and to the general economy of the Nation. Because agricultural products are pjroduced by numerous individual farmers, the marketing and bargaining position of individual farmers wdll be adversely affected unless they are free to join together voluntarily in cooperative organizations as authorized by law. Interference with this right is contrary to the public interest and adversely affects the free and orderly flow of goods in interstate and foreign commerce.

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[82 STAT.

I t is, therefore, declared to be the policy of Congress and the purpose of this Act to establish standards of fair practices required of handlers in their dealings in agricultural products. DEFINrriONS

SEC. 3. When used in this Act^— (a) The term "handler" means any person engaged in the business or practice of (1) acquiring agricultural products from producers or associations of producers for processing or sale; or (2) grading, packaging, handling, storing, or processing agricultural products received from producers or associations of producers; or (3) contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product; or (4) acting as an agent or broker for a handler in the performance of any function or act specified in clause (1), (2), or (3) of this paragraph. (b) The term "producer" means a person engaged in the production of agricultural products as a farmer, planter, rancher, dairyman, fruit, vegetable, or nut grower. (c) The term "association of producers" means any association of producers of agricultural products engaged in marketing, bargaining, shipping, or processing as defined in section 15(a) of the Agricultural Marketing Act of 1929, as amended (49 Stat. 317; 12 U.S.C. 1141j(a)), or in section 1 of the Act entitled "An Act to authorize association of producers of agricultural products", approved February 18, 1922 (42 Stat. 388; 7 U.S.C. 291). (d) The term "person" includes individuals, partnerships, corporations, and associations. (e) The term "agricultural products" shall not include cotton or tobacco or their products. PROHIBITED PKACTICES

SEC. 4. I t shall be unlawful for any handler knowingly to engage or permit any employee or agent to engage in the following practices: (a) To coerce any producer in the exercise of his right to join and belong to or to refrain from joining or belonging to an association of producers, or to refuse to deal with any producer because of the exercise of his right to join and belong to such an association; or (b) To discriminate against any producer with respect to price, quantity, quality, or other terms of purchase, acquisition, or other liandling of agricultural products because of his membership in or contract with an association of producers; or (c) To coerce or intimidate any producer to enter into, maintain, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers or a contract with a handler; or (d) To pay or loan money, give any thing of value, or offer any other inducement or reward to a. producer for refusing to or ceasing to belong to an association of producers; or (e) To make false reports about the finances, management, or activities of associations of producers or handlers; or (f) To conspire, combine, agree, or arrajige with any other person to do, or aid or abet the doing of, any act made unlawful by this Act.

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190 He seems to have the money, according to what one of the men in the office said, and he's the man we want."

"Shagmon!" exclaimed Mr. Damon.

"Yes, Shagmon. The fellow I heard talking said he'd go to Shagmon and make Morse whack up. Shagmon may be the real head of the gang."

"Ha! I have it!" cried Mr. Damon suddenly. "I wonder I didn't think of it before. Shagmon is the headquarters, not the head of the gang!"

"What do you mean?" asked Tom, much excited.

"I mean that there's a town called Shagmon about fifty miles from here. That's what the fellow in the office meant. He is going to the town of Shagmon and make Morse whack up. That's where Morse is! That's where. the gang is hiding! That's where the money is! Hurrah, Tom, we're on the trail!"

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DISCI>^VIMER OF INTENTION TO PROHIBIT NORMAL DEALING

SEC. 5. Nothing in this Act shall prevent handlers and producers from selecting their customers and suppliers for any reason other than a producers membership in or contract with an association of producers, nor require a handler to deal with an association of producers. ENFORCEMENT

SEC. 6. (a) Whenever any handler has engaged or there are reasonable grounds to believe that any handler is about to engage in any act or practice prohibited by section 4, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved. I n any action commenced pursuant hereto, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs. The court may provide that no restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. (b) Whenever the Secretary of Agriculture has reasonable cause to believe that any handler, or group of handlers, has engaged in any act or practice prohibited by section 4, he may request the Attorney General to bring civil action in his behalf in the appropriate district court of the United States by filing with it a complaint (1) setting forth facts pertaining to such act or practice, and (2) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the handler, or handlers, responsible for such acts or practices. Upon receipt of such request, the Attorney General is authorized to file such complaint. (c) Any person injured in his business or property by reason of any violation of, or combination or conspiracy to violate, any provision of section 4 of this Act may sue therefor in the appropriate district court of the United States without respect to the amount in controversy, and shall recover damages sustained. I n any action commenced pursuant to this subsection, the court may allow the prevailing party a reasonable attorney's fee as a part of the costs. Any action to enforce any cause of action under this subsection shall be forever barred unless commenced within two years after the cause of action accrued. (d) The district courts of the United States shall have jurisdiction Jurisdiction. of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law. The provisions of this Act shall not be construed to change or modify existing State law nor to deprive the proper State courts of jurisdiction. SEPARABILITY

SEC. 7. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. Approved April 16, 1968, 9:40 a.m., Honolulu, Hawaii.

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[82 STAT.

Public Law 90-289 April 19, 1968 [H. R. 16324]

Atomic Energy Commission. Appropriation authorization. 77 Stat. 88. 42 USC 2017.

AN ACT To authorize appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, SEC. 101. There is hereby authorized to be appropriated to the Atomic Energy Commission in accordance with the provisions of section 261 of the Atomic Energy Act of 1954, as amended: (a) For "Operating expenses", $2,174,550,000, not to exceed $119,400,000 in operating costs for the High Energy Physics program category. (b) For "Plant and capital equipment", including construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following: (1) SPECIAL NUCLEAR MATERIALS.—

Project 69-1-a, powder metallurgy facility, Savannah River, South Carolina, $700,000. Project 69-1-b, waste storage tanks. Savannah River, South Carolina, $3,500,000. (2)

SPECIAL NUCLE.\R MATERIALS.—

Project 69-2-a, calcined solids storage facility additions, National Reactor Testing Station, Idaho, $2,100,000. (3) ATOMIC WEAPONS.—

Project 69-3-a, rehabilitation of plutonium processing site, Los Alamos Scientific Laboratory, New Mexico, $3,500,000. Project 69-3-b, weapons production, development, and test installations, $10,000,000. (4)

REACTOR DEVELOPMENT.—

Project 69-4-a, hot fuel examination facility. National Reactor Testing Station, Idaho, $10,200,000. Project 69^r-b, modifications to E B R - II and related facilities, National Reactor Testing Station, Idaho, $2,000,000. Project 69-4-c, research and development test plants, Project Rover, Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, Nevada, $1,000,000. Project 69-4-d, modifications to reactors, $1,000,000. (5)

PHYSICAL RESEARCH.—

Project 69-5-a, accelerator and reactor additions and modifications, l^rookhaven National Laboratory, New York, $600,000. Project 69-5-b, accelerator improvements, zero gradient synchrotron, Argonne National Laboratory, Illinois, $875,000. Project 69-5-c, accelerator improvements, Lawrence Radiation Laboratory, Berkeley, California, $750,000. Project 69-5-d, accelerator improvements, Cambridge and Princeton accelerators, $145,000. Project 69-5-e, accelerator improvements, Stanford Linear Accelerator Center, California, $630,000. Project 69-5-f, omnitron accelerator, Lawrence Radiation Laboratory, Berkeley, California ( A E only), $1,000. (6) GENERAL PLANT PROJECTS.—$37,010,000.

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(7) CAPITAL EQUIPMENT.—Acquisition and fabrication of capital equipment not related to construction, $175,040,000. SEC. 102. LIMITATIONS.—(a) The Commission is authorized to start any project set forth in subsections 101(b)(1), (3), (4), and (5) only if the currently estimated cost of that project does not exceed by more than 25 per centum the estimated cost set forth for that project. (b) The Commission is authorized to start any project set forth in subsection 101(b)(2) only if the currently estimated cost of that project does not exceed by more than 10 per centum the estimated cost set forth for that project. (c) The Commission is authorized to start a project under subsection 101(b)(6) only if it is in accordance with the following: (1) The maximum currently estimated cost of any project shall be $500,000 and the maximum currently estimated cost of any building included in such project shall be $100,000, provided that the building cost limitation may be exceeded if the Commission determines that it is necessary in the interest of efficiency and economy. (2) The total cost of all projects undertaken under subsection 101(b)(6) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum. Construction SEC. 103. The Commission is authorized to perform construction sign services. dedesign services for any Commission construction project whenever (1) such construction project has been included in a proposed authorization bill transmitted to the Congress by the Commission and (2) the Commission determines that the project is of such urgency that construction of the project should be initiated promptly upon enactment of legislation appropriating funds for its construction. SEC. 104. When so specified in an appropriation Act, transfers of Transfers of amounts between "Operating expenses" and "Plant and capital equipment" may be made as provided in such appropriation Act. SEC. 105. COOPERATIVE POWER REACTOR DEMONSTRATION PROGRAM.—

Section 111 of Public Law 85-162, as amended, is further amended ^^ ^*^* '*'^^' by striking out the date "June 30, 1968" in clause (3) of subsection (a) and inserting in lieu thereof the date "June 30, 1969". SEC. 106. AMENDMENT OF PRIOR YEAR Acn^s.— (a) Section 101(b) of Public Law 90-56 is amended by (1) striking from subsection (2) si Stat. 124, thereof the figure "$100,500,000" for project 68-2-a, new weapons ^^^' production capabilities, various locations, and substituting theref<n' the figure "$285,000,000"; and (2) striking from subsection (4) thereof the figure "$7,333,000" for project 68^4-f, 200 Bev accelerator, I)u Page and Kane Counties near Chicago, Illinois, and substituting therefor the figure "$32,333,000". (b) Section 101 of Public Law 89-32, as amended, is further si Stat. 126 amended by (1) striking therefrom the figure "$2,655,621,000" and substituting therefor the figure "$2,658,821,000"; (2) striking from subsection (b) thereof the figure "$394,845,000" and substituting therefor the figure "$398,045,000"; and (3) striking from subsection (b)(2) thereof the figure "$2,300,000" for project 66-2-d, environmental test facility, Lawrence Radiation Lat)oratory, Liverniore, California, and substituting therefor the figure "$5,500,000". SEC. 107. RESCISSION.—Public Law 88-332, as amended, is fur- 78 Stat. 228. ther amended by rescinding therefrom authorization for a project, except for funds heretofore obligated and such additioiial funds as may be necessary to close out the project, as follows: . f'roject 66-5-a, Argonne advanced resoai;ch reiK'tor, Argonne National Laboratory, Illinois, $25,00,. Approved April 19, 1968.

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[82 STAT.

Public Law 90-290 April 19, 1968 [H. R. 5799]

D.C Gifts to minors. 79 Stat. 744.

"Financial institution."

AN ACT

To amend the District of Columbia Uniform Gifts to Minors Act to provide that gifts to minors made under such Act may be deposited in savings and loan associations and related institutions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the District of Columbia Uniform Gifts to Minors Act (chapter 3 of title 21 of the District of Columbia Code) is amended as follows: (1) Section 21-301 of such Act is amended— (A) by striking out "bank" in paragraph (3) and inserting "financial institution"; (B) by renumbering paragraphs (7) through (15) as (8) through (16), respectively; and (C) by inserting immediately after paragraph (6) the following: "(7) 'Financial institution' means— " (A) any bank, " (B) any homestead or building association, building and loan association, savings and loan association, or Federal savings and loan association, or " (C) any Federal credit union, having an office in the District of Columbia." (2) Section 21-302(a)(4) of such Act is amended (A) by striking out "bank" where such term first appears and inserting "financial institution"; and (B) by striking out "bank with trust powers" and inserting "trust company". (3) Sections 21-303(b), 21-304(g), and 21-306 of such Act are each amended by striking out "bank" and inserting "financial institution". Approved April 19, 1968. Public Law 90-291

April 19, 1968 [H.R. 11816]

Local law enforcement officersBenefits for injury or death while apprehending Federal violators. 80 Stat. 531. 5 USC 8101 et seq.

AN ACT

To provide compensation for law enforcement officers not employed by the United States killed or injured while apprehending persons suspected of committing Federal crimes, and for other purposes. Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Chapter 81 of title 5 of the United States Code is amended by adding the following new subchapter at the end: "SUBCHAPTER III.—LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES "The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as 'eligible officers') and their survivors. For the purposes of this Act, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occasion— " (1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person—
 * §8191. Determination of eligibility

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" (A) for the commission of a crime against the United States, or " (B) who at that time was sought by a law enforcement authority of the United States for the commission of a crime against the United States, or " (C) who at that time was sought as a material witness in a criminal proceeding instituted by the United States; or " (2) a hiw enforcement officer and to have been engaged on that occasion in protecting or guarding a person held for the commission of a crime against the United States or as a material witness in connection with such a crime; or " (3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful attempt to prevent, the commission of a crime against the United States; and to have been on that occasion not an employee as defined in section 8101(1), and to have sustained on that occasion a personal injury for 81^513^*19"^' which the United States would be required under subchapter I of this chapter to pay compensation if he had been on that occasion such an ^^^^usc sioiemployee engaged in the performance of his duty. No person otherwise 8150. eligible to receive a benefit under this subchapter because of the disability or death of an eligible officer shall be barred from the receipt of such benefit because the person apprehended or attempted to be apprehended by such officer was then sought for the commission of a crime against a sovereignty other than the United States. "§ 8192. Benefits " (a) BENEFITS IK EVENT OF I N J U R Y. — The Secretary of Labor shall furnish to any eligible officer the benefits to which he would have been entitled under subchapter I of this chapter if, on the occasion giving rise to his eligibility, he had been an employee as defined in section 8101(1) engaged in the performance of his duty, reduced or adjusted as the Secretary of Labor in his discretion may deem appropriate to reflect comparable benefits, if any, received by the officer (or which he would have been entitled to receive but for this subchapter) by virtue of his actual employment on that occasion. When an enforcement officer has contributed to a disability compensation fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of disability coverage for the individual officer. " (b) BENEFITS I N EVENT OF DEATH.—The Secretary of Labor shall pay to any survivor of an eligible officer the difference, as determined by the Secretary in his discretion, between the benefits to which that survivor would be entitled if the officer had been an employee as defined in section 8101(1) engaged in the performance of his duty on the occasion giving rise to his eligibility^, and the comparable benefits, if any, received by the survivor (or which that survivor would have been entitled to receive but for this subchapter) by virtue of the officer's actual employment on that occasion. When an enforcement officer has contributed to a survivor's benefit fund, the reduction of Federal benefits provided for in this subsection is to be limited to the amount of the State or local government benefits which bears the same proportion to the full amount of such benefits as the cost or contribution paid by the State or local government bears to the cost of survivors benefits coverage for the individual officer. "§8193. Administration " (a) DEFINITIONS AND RULES OF CONSTRUCTION.—For the purpose

of this subchapter—

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" (1) The term 'Attorney General" includes any person to whom the Attorney General has delegated any function pursuant to subsection (b) of this section. " (2) The term 'Secretary of Labor' includes any person to whom the Secretary of Labor has delegated any function pursuant to subsection (b) of this section. "(b)

DELEGATION.—

" (1) The Attorney General may delegate to any division, officer, or employee of the Department of Justice any function conferred upon the Attorney General by this subchapter. " (2) The Secretary of Labor may delegate to any bureau, officer, or employee of the Department of Labor any function conferred upon the Secretary of Labor by this subchapter. "(c) APPLICATIONS.—An application for any benefit under this subchapter may be made only— " (1) to the Secretary of Labor "(2) by i*. riOf!> " (A) any eligible officer or survivor of an eligible officer, " (B) any guardian, personal representative, or other person legally authorized to act on behalf of an eligible officer, his . i estate, or any of his survivors, or " (C) any association of law enforcement officers which is acting on behalf of an eligible officer or any of his survivors; " (3) within five years after the injury or death; and "(4) in such form as the Secretary of Labor may require. "(d)
 * r.;

CONSULTATION W I T H ATTORNEY GENERAL AND OTHER AGEN-

CIES.—The Secretary of Labor may refer any application received by him pursuant to this subchapter to the Attorney General for his assistance, comments and advice as to any determination required to be made pursuant to paragraph (1), (2), or (3) of section 8191. To insure that all Federal assistance under this subchapter is carried out in a coordinated manner, the Secretary of Labor is authorized to request any Federal department or agency to supply any statistics, data, or any other materials he deems necessary to carry out his functions under this subchapter. Each such department or agency is authorized to cooperate with the Secretary of Labor and, to the extent permitted by law, to furnish such materials to him. " (e) COOPERATION W I T H STATE AGENCIES.—The Secretary of Labor shall cooperate fully with the appropriate State and local officials, and shall take all other practicable measures^ to assure that the benefits of this subchapter are made available to eligible officers and their survivors with a minimum of delay and difficulty. "(e) APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.'' (b) The table of sections at the beginning of chapter 81 of title 5 of the United States Code is amended by adding at the end: " SUBCHAPTER III. — L A W ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES "Sec. "8191. Determination of eligibility. "8192. Benefits. "8193. Administration." Effective date.

SEC. 2. The amendments made by section 1 of this Act are effective only with respect to personal injuries sustained on or after the date of enactment of this Act. Approved April 19, 1968.

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 82 STAT. ]

PUBLIC LAW 90-292-APR. 22, 1968

101

Public Law 90-292 AN ACT To amend the Act of June 20, 1906, and the District of Columbia election law to provide for the election of members of the Board of Education of the District of Columbia,

Be it eruLcted by the Senate aTid House of Representatives United States of America in Congress assembled,

April 22, 1968 [H. R. 13042]

of the

SHORT TITLE

District of Columbia E l e c t e d Board of Education Act.

1. This Act may be cited as the "District of Columbia Elected Board of Education Act." SECTTOX

F I N D I N G S A N D DECLARATION OF PURPOSE

SEC. 2. The Congress hereby finds and declares that the school is a focal point of neighborhood and community activity; that the merit of its schools and educational system is a primary index to the merit of the community; and that the education of their children is a municipal matter of primary and personal concern to the citizens of a community. I t is therefore the purpose of this Act to give the citizens of the Nation's Capital a direct voice in the development and conduct of the public educational system of the District of Columbia; to provide organizational arrangements whereby educational programs may be improved and coordinated with other municipal programs; and to make District schools centers of neighborhood and community life. AMENDMENTS TO DISTRICT OF COLUMBIA BOARD OF E D U C A T I O N L A W

SEC. 3. (a) Section 2 of the Act entitled "An Act to fix and regulate the salaries of teachers, school officers, and other employees of the board of education of the District of Columbia", approved June 20, 1906 (D.C. Code, sec. 31-101), is amended by striking out the first paragraph of subsection (a) and inserting in lieu thereof the following: "SEC. 2. (a) The control of the public schools of the District of Columbia is vested in a Board of Education to consist of eleven elected members, three of whom are to be elected at large, and one to be elected from each of the eight school election wards established under the District of Columbia Election Act. The election of the members of the Board of Education shall be conducted on a nonpartisan basis and in accordance with such Act. " (b)(1) Except as provided in paragraph (2) of this subsection and section 10(e) of the District of Columbia Election Act, the term of office of a member of the Board of Education shall be four years. "(2) Of the members of the Board of ICducation first elected after the date of the enactment of this paragraph, three members elected from wards and two members elected at large shall serve for terms ending January 26, 1970, and the other six members shall serve for terms ending January 24, 1972. The members who shall serve for terms ending January 26, 1970, shall be determined by lots cast before the Board of Elections of the District of Columbia upon a date set and pursuant to regulation issued by the Board of Elections. "(3) The term of office of a member of the Board of Education elected at a general election shall begin at noon on the fourth Monday in January next following such election. A member may serve more than one term. "(4) The members may receive compensation at a rate fixed by the District of Columbia Council, which shall not exceed $1,200 per annum.

34 Stat. 316; 71 Stat. 340. Members, election.

69 Stat. 699; Post, p. 106. D.C. Code 11101 et seq. Term of office. Post, p. 106.

Compensation.

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Page:United States Statutes at Large Volume 82.djvu/144

 102 Qualifications. 69 Stat 69975 star'820. ' D.c. Code 11102. '"'

Vacancies.

Post, p. 106. Officers; met

Post, p. 103. fr^^at. 341. D.c. Code 31^°^-

PUBLIC LAW 90-292-APR. 22, 1968

[82 STAT.

«((.) (J) ^^^^^ member of the Board of Education elected from a ward shall at the time of his nomination (A) be a qualified elector (as ^^^^ ^^^^ ^^ defined in section 2 of the District of Columbia Election ^^^^) ^^ ^lie scliool clection ward from which he seeks election, (B) have, for the one-year period immediately preceding his nomination, resided in the school election ward from which he is nominated, (C) have, during the three years next preceding his nomination, been an actual resident of the District of Columbia and have during such period claimed residence nowhere else, and (D) hold no elective office other than delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States. A member shall forfeit his office upon failure to maintain the qualifications required by this paragraph. "(2) Each member of the Board of Education elected at large shall at the time of his nomination (A) be a qualified elector (as that term is defined in section 2 of the District of Columbia Election Act) in the District of Columbia, (B) have, during the three-year period next preceding his nomination, been an actual resident of the District of Columbia and have during such period claimed residence nowhere else, and (C) hold no elective office other than delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States. A member shall forfeit his office upon failure to maintain the qualifications required by this paragraph. "(3) No individual may hold the office of member of the Board of Education and also be an officer or employee of the District of Columbia government or of the Board of Education. A member will forfeit his office upon failure to maintain the qualification required by this paragraph. " (d) Whenever, before the end of his term, a member of the Board of Education dies, resigns, or becomes unable to serve or a member-elect of the Board of Education fails to take office, such Agency shall be filled as provided in section 10(e) of the District of Columbia Election Act. "(e) The Board of Education.shall select a President from among its members at the first meeting of the Board of Education held on or after the date (prescribed in paragraph (3) of subsection (b) of this section) on which members are to take office after each general election. The Board of Education may appoint a secretary, who shall not be a member of the Board of Education. The Board of Education shall hold stated meetings at least once a month during the school year and .such additional meetings as it may from time to time provide for. Meetings of the Board of Education shall be open to the public; except that the Board of Education (1) may close to the public any meeting (or part thereof) dealing with the appointment, promotion, transfer, or termination of employment of, or any other related matter involving, any employee of the Board of Education, and (2) may close to the public any meeting (or part thereof) dealing with any other matter but no final policy decision on such other matter may be made by the Board of Education in a meeting (or part thereof) closed to the public." (b) The second, third, fourth, and fifth paragraphs of such section 2(a) are redesignated as subsections (f), (g), (h), and (i), respectively. (c) Subsection (b) of such section 2 is repealed. (d)(1) The provisions of the Act of June 20, 1906, listed in paragraph (2) of this subsection, are amended by striking out the terms "board of education" and "board" each place they appear in.such provisions and inserting in lieu thereof "Board of Education" and "Board", respectively.

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 82 STAT. ]

103

PUBLIC LAW 90-292-APR. 22, 1968

(2) The provisions of the Act of June 20, 1906, amended by paragraph (1) of this jsubsection are as follows: (A) Subsections (f), (g), (h), and (i) of section 2 of such Act (as so redesignated by subsection (b) of this section) (D.C. Code, secs. 3 1 102, 31-103, 31-104, 31-101). JtTnsJ'' (B) Section 3 of such Act (D.C. Code, secs. 31-105, 31-108, 31-110, 31-111). (C) The first paragraph of section 5 of such Act (D.C. Code, sec. 31-112). (D) Section 12 of such Act (D.C. Code, sec. 31-117). AMENDMENTS

TO IMSTKICT OF COLUMBIA

ELECTION

LAW

SEC. 4. The Act entitled "An Act to regulate the election in the District of Columbia of electors of President and Vice President of the United States and of delegates representing the District of Columbia to national political conventions, and for other purposes", approved August 12, 1955 (D.C. Code, sec. 1-1101 et seq.), is amended as follows: (1) The first section of such Act (D.C. Code, sec. 1-1101) is amended by inserting immediately after "Vice President of the United States" the following: ", the members of the Board of Education,". (2) Section 2 of such Act (D.C. Code, sec. 1-1102) is amended by adding at the end thereof the following new paragraphs: "(4) The term 'ward' means a school election ward established by the Board under section 5(a)(4) of this Act. " (5) The term 'Board of Education' means the Board of Education of the District." (3) Paragraph (4) of section 5(a) of such Act (D.C. Code, sec. 1-1105(a)(4)) is amended by inserting immediately before the semicolon the following: "; divide the District into eight compact and contiguous school election wards which.shall include such numbers of precincts as will provide approximately equal population within each ward; and reapportion the wards accordingly after each decennial census". (4) Section 7 of such Act (D.C. Code, sec. 1-1107) is amended— (A) by striking out in subsection (a) "he registers in the District during the year in which such election is to be held." and inserting in lieu thereof "he is duly registered in the District on the date of such election. A person shall be considered duly registered in the District if he registers under this Act after January 1, 1968, and if after the date he registers no four-year period elapses during which he fails to vote in an election held under this Act."; (B) by amending subsection (d) to read as follows: " (d)(1) The registry shall be open during reasonable hours, except that the registry shall not be open (A) during the thirty-day period ending on the first Tuesday following the first Monday m November of each odd-numbered calendar year and of each presidential election year, (B) during the thirty-day period ending on the first Tuesday in May in each presidential election year, and (C) during such other period as the Board may provide in the case of a special election. "(2) The Board may close the registry on Saturdays, Sundays, and holidays. While the registry is open, any person may apply for registration or change his registration."; and (C) by striking out in subsection (e) "Municipal Court for the District of Columbia" and inserting in lieu thereof "District of Columbia Court of General Sessions". (5) Section 8 of such Act (D.C. Code, sec. 1-1108) is amended— (A) by striking out in subsection (a)(1) "thirty days" and inserting in lieu thereof "forty-five days"; and

69 Stat. 699; 75 Stat. 817.

"Ward." " B o a r d of Education." School election wards.

Registration. 75 Stat. 817.

69 Stat. 7 0 1; 75 Stat. 818.

Nominations. 69 Stat. 7 0 1.

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 104 69 Stat. 701; 75 Stat. 818, 819.

Petitions, requirements; filing fee.

Ante, p. 103.

Petitions, posting.

Challenge.

Appeal.

Absentee voting. 75 Stat. 819.

PUBLIC LAW 90-292-APR. 22, 1968

[82 STAT.

(B) by adding the following new subsections at the end thereof: " (h)(1) Except in the case of the three members of the Board of Education elected at large, the members of the Board of Education shall be elected hj the qualified electors of the respective wards of the I^istrict from which the membere have been nominated. "(2) I n the case of the three members of the Board of Education elected at large, each such member shall be elected by the qualified electors of the District. " (i) Each candidate in a general election for member of the Board of Education shall be nominated for such office by a petition (A) filed with the Board not later than forty-five days before the date of such general election; (B) signed by at least two hundred and fifty persons who are duly registered under section 7 in the ward from which the candidate seeks election, or in the case of a candidate running at large, signed by at least one hundred and twenty-five persons in each ward of the District who are duly registered in such ward; and (C) accompanied by a filing fee of $100. Such fee may be refunded only in the event that the candidate withdraws his nomination by writing received by the Board not later than three dajs after the date on which nominations are closed. A nominating petition for a candidate in a general election for member of the Board of Education may not be circulated for signatures before the ninety-ninth day preceding the date of such election and may not be filed with the Board before the seventieth day preceding such date. The Board may prescribe rules with respect to the preparation and presentation of nominating petitions and the posting and disposition of filing fees. In a general election for members of the Board of Education, the Board shall arrange the ballots in each ward to enable a voter registered in that ward to vote for any one candidate duly nominated to be elected to such office from such ward, and to vote for as many candidates duly nominated for election at large to such office as there are Board of Education members to be elected at large in such election. " (j)(1) The Board is authorized to accept any nominating petition for a candidate for any office as bona fide with respect to the qualifications of the signatories thereto if the original or facsimile thereof has been posted in a suitable public place for the ten-day period beginning on the forty-second day before the date of the election for such office. Any qualified elector may within such ten-day period challenge the validity of any petition by a written statement duly signed by the (challenger and filed with the Board and specifying concisely the alleged defects in such petition. Copy of such challenge shall be sent by the Board promptly to the person designated for the purpose in the nominating petition. "(2) The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged nominating petition not more than eight days after the challenge has been filed. Within three days after announcement of the determination of the Board with respect to the validity of the nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The court shall expedite consideration of the matter and the decision of such court shall be final and not appealable. " (k) I n any election, the order in which the names of the candidates for office appear on the ballot shall be determined by lot, upon a date or dates and under regulations prescribed by the Board." (6) Section 9 of such Act (D.C. Code, sec. 1-1109) is amended— (A) by striking out "for electors of President and Vice President" in the second sentence of subsection (b); and

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 82 STAT. ]

PUBLIC LAW 90-292-APR. 22, 1968

(B) by striking out "Municipal O u r t for the District of Columbia'' in subsection (e) and niserting "District of Columbia Court of General Sessions". (7) Section 10 of such Act (D.C. Code, sec. 1-1110) is amended— Elections. (A) by striking out the second and third sentences of paragraph (1) of subsection (a) and the second sentence of paragraph (2) 7569 Stat. 702; Stat. 819. of such subsection; (B) by adding at the end of subsection (a) the following new paragraphs: " (3) The first general election for members of the Board of Education shall he held on November 5, 1968, and thereafter on the Tuesday next after the first Monday in November of each odd-numbered calendar year. "(4)(A) If in a general election for members of the Board of Runoffs. Education no candidate for the office of member from a ward, or no candidate for the office of member elected at large (where only one at-large position is being filled at such election), receives a majority of the votes validly cast for such office, a runoff election shall be held on the twenty-first day next following such election. The candidate receiving the highest number of votes in such runoff election shall be declared elected. " (B) When more than one office of member elected at large is being filled at such a general election, the candidates for such offices who receive the highest number of votes shall be declared elected, except that no candidate shall be declared elected who does not receive a majority of the number of all votes cast for candidates for election at large in such election divided by the number of at-large offices to be filled in such election. Where one or more of the at-large positions remains unfilled, a runoff election shall be held as provided in subparagraph (A) of this paragraph, and the candidate or candidates receiving the highest number of votes in such runoff election shall be declared elected. " (C) Where a vacancy in an unexpired term for an at-large position is being filled at the same general election as one or more full term at-large positions, the successful candidate or candidates with the highest number of votes in the general election, or in the runoff election if a runoff election is necessary, shall be declared elected to the full tenn position or positions, provided that any candidate declared elected at the general election shall for this purpose be deemed to have received a higher number of votes than any candidate elected in the runoff election. " (D) The Board may resolve any tie vote occurring in an election governed by this paragraph by requiring the candidates receiving the tie vote to cast lots at such time and in such manner as the Board may prescribe. "(5) In the case of a runoff election for the office of member of the Board of Education elected at large, the candidates in such runoff election shall be those unsuccessful candidates, in number not more than one more than the number of such offices to be filled, who in the general election next preceding such runoff election received the highest number of votes less than a majority. I n the case of a runoff election for the office of member of the Board of Education from a ward, the runoff election shall be held in such ward, and the two candidates who in the general election next preceding such runoff election received respectively the highest number and the second highest number of votes validly cast in such ward or who tied in receiving the highest number of such votes shall run in such runoff election. If in any case (other than the one described in the preceding .sentence) a tie vote must be resolved to determine the candidates to run

lOJ

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 106

69 Stat. 702. D.C. Code 11110.

Vacancies.

69 Stat. 703.

Dual nomina.ons, prohibition.

Citation of act.

PUBLIC LAW 90-292-APR. 22, 1968

[82

STAT.

in any runoff election, the Board may resolve such tie vote by requiring the candidates receiving the tie vote to cast lots at such time and in such manner as the Board may jjrescribe. "(6) If any candidate withdraws (in accordance with such rules and time limits as the Board shall prescribe) from a runoff election held to select a member of the I^oard of Education or dies before the date of such election, the candidate who received the same number of votes in the general election next preceding such runoff election as a candidate in such runoff' election or who received a number of votes in such general election which is next highest to the number of votes in such general election received by a candidate in the runoff election and A\ho is not a candidate in such runoff' election shall be a candidate in such runoff election. The resolution of any tie necessary to determine the candidate to fill the vacancy caused by such withdrawal or death shall be resolved by the Board in the.same manner as ties are resolved underi^aragraph (5).'(C) by amending subsection (b) to read as folloM's: " (b) All elections prescribed by this Act shall be conducted by the l^oard in conformity with the provisions of this Act. I n all elections held pursuant to this Act the polls shall be open from 8 o'clock antemeridian to 8 o'clock postmeridian. Candidates receiving the highest number of votes in elections held pursuant to this Act, other than general elections for members of the Board of Education, shall be declared the winners."; (D) by inserting after "In the case of a tie'' in subsection (c) the following: "vote in any election other tlmn an election for members of the Board of Education,"; (E) by inserting after "official" in subsection (d) the following: ", other than a member of the Board of Education,"; and (F) by adding at the end thereof the following new subsection: " (e) Whenever a vacancy occurs in the office of member of the Board of Education, such vacancy shall be filled at the next general election for members of the Board of Education which occurs more than ninety-nine days after such vacancy occurs. However, the Board of Education shall appoint a person to fill such vacancy until the unexpired term of the vacant office ends or until the fourth Monday in January next following the date of the election of a person to serve the remainder of such unexpired term, whichever occurs first. A person elected to fill a vacancy shall hold office for the duration of the unexpired term of office to which he was elected. Any person appointed under this subsection shall have the sjime qualifications for holding such office as were required of his immediate predecessor." (8) The first sentence of section 11(b) of such Act (D.C. Code, sec. 1-1111 (b)) is amended by striking out "the United States District Court for the District of Columbia" and inserting in lieu thereof "the District of Columbia Court of Appeals". (9) The following new sections shall be added at the end of such Act: "SEC. 15. No person shall be a candidate for more than one office on the Board of Education in any election for members of the Board of Education. If a person is nominated for more than one such office, he shall, within three days after the Board has sent him notice that he has been so nominated, designate in writing the office for which lie wishes to run, in which case he will be deemed to have withdraw-n all other nominations. In the event that such person fails within such three-day period to file such a designation with the Board, all such nominations of such person shall be deemed withdrawn. "SEC. 16. This Act may be cited as the 'District of Columbia Election Act'."

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 82 STAT. ]

PUBLIC LAW 90-293-APR. 25, 1968

107

COORDINATIOX WITH THE DISTRICT OF COLUMBIA GOVERNMENT

SEC. 5. (a) The Board of Education and the Commissioner of the District of Columbia shall jointly develop procedures to assure the maximum coordination of educational and other municipal programs and services in achieving the most effective educational.system and utilization of educational facilities and services to serve broad community needs. Such procedures shall cover such matters as— (1) design and construction of educational facilities to accommodate civic and community activities such as recreation, adult and vocational education and training, and other community purposes; (2) full utilization of educational facilities during nonschool hours for community purposes; (3) utilization of municipal services such as police, sanitation, recreational, maintenance services to enhance the effectiveness and stature of the school in the community; (4) arrangements for cost-sharing and reimbursements on school and community programs involving utilization of educational facilities and services; and (5) other matters of mutual interest and concern. (b) The Board of Education may invite the (Commissioner of the District of Columbia or his designee to attend and participate in meetings of the Board on matters pertaining to coordination of educational and other municipal programs and services and on such other matters as may be of mutual interest. EFFECTIVE DATE AND TERMINATION OF OFFICE

SEC. 6. (a) The amendments made by this Act shall take effect on May 15, 1968, except that— (1) the Board of Education of the District of Columbia, appointed under the Act of June 20, 1906 (as in effect on the date of the enactment of this Act), shall continue to exercise the powers, functions, duties vested in it under such Act (as in effect on such date); (2) vacancies in such Board shall be filled by appointment in accordance with such Act (as in effect on such date); and (3) the members of such Board appointed under such Act (as in effect on such date) shall continue m office; until such time as at least six of the members first elected to the Board of Education (under such Act as amended by this Act) take office. Approved April 22, 1968.

34 Stat. 316. D.C- Code 31101 et seq.

Public Law 90-293 AN ACT To g r a n t the m a s t e r s of certain United States vessels a lien on those vessels for their wages.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the master of a vessel documented, registered, enrolled, or licensed under the laws of the United States shall have the same lien for his wages against such vessel and the same priority as any other seaman serving on such vessel. (b) Sections 4546 and 4547 of the Revised Statutes of the United States (46 U.S.C. 603 and 604) shall not apply in any proceeding brought by a master for the enforcement of the lien granted by this section.

^p^jl 25, 1968 [ H. R. 14401]

Vessels. Masters' liens for wages.

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 108

"Master."

PUBLIC LAW 90-294-APR. 26, 1968

[82 STAT.

(c) Section 4535 of the Revised Statutes of the United States (46 U.S.C. 600) is amended by striking out "seaman" each place it appears and inserting in lieu thereof at each such place "master or seaman''. (d) Section 12 of the Act of March 4, 1915, as amended (38 Stat. 1164; 46 U.S.C. 601), is amended (1) by striking out "seaman or apprentice" each place it a^jpears and inserting in lieu thereof at each such place "master, seaman, or apprentice", and (2) by striking out in the first proviso thereof "any seaman" and inserting in lieu thereof "any master or seaman". SEC. 2. For the purposes of this Act, section 4535 of the Revised Statutes of the United States and section 12 of the Act of March 4, 1915, as amended (38 Stat. 1164; 46 U.S.C. 601), the term "master" shall include every person having command of any vessel documented, registered, enrolled, or licensed under the laws of the United States, except a person who has a financial interest valued at 5 per centum or more either of the corporation, partnership, or association which owns the vessel against which the lien is claimed, or of the market value of the vessel against which the lien is claimed. Approved April 25, 1968. Public Law 90-294

April 26, 1968 [S.3135]

Corporation for P u b l i c Broadcasting. 81 Stat. 372. 47 USC 396.

AN ACT To amend the Communications Act of 1934 by extending the authorization of appropriations for the Corporation for Public Broadcasting.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraphs (1) and (2) of section 396(k) of the Communications Act of 1934 are each amended by striking out "1968" and inserting in lieu thereof "1969". Approved April 26, 1968. Public Law 90-295

April 29, 1968 [S.1664]

El Dorado, Kans. Relief.

AN ACT For the relief of the city of El Dorado, Kansas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the city of E l Dorado, Kansas, the sum of $10,071.81 in full settlement of all its claims against the United States for payment of civil defense matching funds for a civil defense communication system composed of items described in the project application and approved by the Office of Civil Defense and installed in the E l Dorado emergency operating center located in the new public safety building for civil defense purposes. Payment of all or a portion oi the amount appropriated in this Act is conditioned upon installation of and payment for the items included in the project application. No part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved April 29, 1968.

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 82 STAT. ]

PUBLIC LAW 90-296-APR. 29, 1968

109

Public Law 90-296 AN ACT To provide for the temporary transfer to a single district for coordinated or consolidated pretrial pnx'eedings of civil actions pending in different districts which involve one or more common questions of fact, and for other puriwses.

Be It enacted by the Senate and House of RepreHentattveH of the United States of America In Congress assembled, That chapter 87 of title 28, United States Code, is amended by inserting therein after section 1406: "§ 1407. Multidistrict litigation " (a) When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously teiminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded. " (b) Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such •

April 29, 1968 [S. 159]

District courts. Pretrial pro-

ceedlngs^ Trans^^62 Stat. 935. uoe"^^'^^'

.^^W'^""^"* °^ ^" ^^^

" 7 2

^2 Stat. 900; Stat

A4-ft

actions may be assigned by the panel to a judge or judges of such dis- 28 USC 291trict. The judge or judges to whom such actions are assigned, the 296. members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose of conducting pretrial depositions in such coordinated or consolidated pretrial proceedings. "(c) Proceedings for the transfer of an action under this section initiation of may be initiated by— " (i) the judicial panel on multidistrict litigation upon its own initiative, or "(ii) motion filed with the panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings under this section may be appropriate. A copy of such motion shall be filed in the district court m which the moving party's action is pending. "The panel shall give notice to the parties in all actions in which Hearings, etc transfer's for coordinated or consolidated pretrial proceedings are contemplated, and such notice shall specify the time and place of any hearing to determine whether such transfer shall be made. Orders of the panel to set a hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed in the office of the clerk of the district court in which a transfer hearing is to be or has been held. The panel's order of transfer shall be based upon a record of such hearing at which material evidence may be offered by any party to an action pending in any district that would be affected by the proceedings under this section, and shall be supported by findings of fact

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 PUBLIC LAW 90-297-APR. 29, 1968

110

Panel circuit and district judges.

Judicial review. 62 Stat. 944.

Rules of conduct. 28 USC app. Exemption. "Antitrust laws."

[82 STAT.

and conclusions of law based upon such record. Orders of transfer and such other orders as the panel may make thereafter shall be filed in the office of the clerk of the district court of the transferee district and shall be effective when thus filed. The clerk of the transferee district court shall forthwith transmit a certified copy of the panel's order to transfer to the clerk of the district court from which the action is being transferred. An order denying transfer shall be filed in each district wherein there is a case pending in which the motion for transfer has been made. " (d) The judicial panel on multidisitrict litigation shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel. (e) No proceedings for review of any order of the panel may be permitted except by extraordinary writ pursuant to the provisions of title 28, section 1651, United States Code. Petitions for an extraordinary writ to review an order of the panel to set a transfer hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed only in the court of appeals having jurisdiction over the district in which a hearing is to be or has been held. Petitions for an extraordinary writ to review an order to transfer or orders subsequent to transfer shall be filed onl^ in the court of appeals having jurisdiction over the transferee district. There shall be no appeal or review of an order of the panel denying a motion to transfer for consolidated or coordinated proceedings. " (f) The panel may prescribe rules for the conduct of its business not inconsistent with Acts of Congress and the Federal Rules of Civil Procedure. " (g) Nothing in this section shall apply to any action in which the United States is a complainant arising under the antitrust laws. 'Antitrust laws' as used herein include those acts referred to in the Act of October 15, 1914, as amended (38 Stat. 730; 15 U.S.C. 12), and also include the Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13,13a, and 13b) and the Act of September 26, 1914, as added March 21, 1938 (52 Stat. 116, 117; 15 U.S.C. 56); but shall not include section 4A of the Act of October 15, 1914, as added July 7, 1955 (69 Stat. 282; 15 U.S.C. 15a)." SEC. 2. The analysis to chapter 87 of title 28, United States Code, is amended by inserting the following new section: "1407. Multidistrict litigation."

after "1406. Cure or waiver of defects."

Approved April 29, 1968. Public Law 90-297 April 29, 1968 [S.2912]

Saline water conversion program. Appropriations. 75 Stat. 629; 81 Stat. 78.

AN ACT To authorize appropriations for the saline water conversion program for fiscal year 1960, and for other purixtses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Saline Water Conversion Act (66 Stat. 328), as amended (42 U.S.C. 1951 et seq.) is further amended to read as follows: "SE(^. 8. There are authorized to be appropriated such sums, to remain available until expended, as may be specified in annual appro-

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111

priation authorization acts (a) to carry out the provisions of this Act during the fiscal years 1962 to 1972, inclusive; (b) to finance, for not more than two years beyond the end of said period, such grants, contracts, cooperative agreements, and studies as may theretofore have been undertaken pursuant to this act; and (c) to finance, for not more than three years beyond the end of said period, such activities as are required to correlate, coordinate, and round out the results of studies and research undertaken pursuant to this Act. Effective July 1, 1968, Foreign commitno new commitments shall be made under authority of this Act for ^onl^' '"^^*""' cooperation with public or private agencies in foreign countries which require the expenditure of funds appropriated pursuant to this Act, but funds so appropriated shall be available to carry out commitments made before said date." SEC. 2. There is authorized to be appropriated to carry out the provisions of the Saline Water Conversion Act (66 Stat. 328), as amended (42 U.S.C. 1951 et seq.), during fiscal year 1969 the sum of $24,556,000 as follows: (a) Research and development operating expenses, not more than $17,274,000; (b) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion test beds and test facilities, not more than $4,292,000; (c) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion modules, not more than $1,175,000; and (d) Administration and coordination, not more than $1,815,000: Provided, That expenditures and obligations under any of these items except the last may be increased by not more than ten per centum if such increase is accompanied by an equal decrease in expenditures and obligations under one or more of the other items, including the last. SEC, 3. I n addition to the sums authorized to be appropriated by this Act, the Secretary may utilize any funds previously appropriated for this program which are not obligated on June 30, 1968, subject to the dollar limitations applicable to the fiscal year 1968 program. Approved April 29, 1968. Public Law 90-298 AN ACT To amend provisions of the Shipping Act, 1916, to authorize the Federal Maritime Commission to permit a common carrier by water in foreign commerce or conference of such carriers to refund a ix»rti<>n of the freight charges.

April 29, 1968 [H. R. 9473]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 18(b) vesseu charges Freight of the Shipping Act, 1916 (46 U.S.C. 817 (b)), is amended by changing 75 Stat. 754. the period at the end of subsection (3) thereof to a colon and adding the following proviso: '"''Provided, however, That the Federal Maritime Commission may in its discretion and for good cause shown permit a common carrier by water in foreign commerce or conference of such carriers to refund a portion of freight charges collected from a shipper or waive the collection of a portion of the charges from a shipper where it appears that there is an error in a tariff of a clerical or administrative nature or an error due to inadvertence in failing to file a new tariff and that such refund or waiver will not result in discrimination among shippers: Provided further, That the common carrier by water in foreign commerce or conference of such carriers has, prior to applying for authority to make refund, filed a new tariff with the Federal Maritime Commission which sets forth the rate on which such refund or

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[82 STAT.

waiver would be based: Provided further, That the carrier or conference agrees that if permission is granted by the Federal Maritime Commission, an appropriate notice will be published in the tariff, or such other steps taken as the Federal Maritime Commission may require^ which give notice of the rate on which such refund or waiver would be based, and additional refunds or waivers as appropriate shall be made with respect to other shipments in the manner prescribed by the Commission in its order approving the application: And provided further, That application for refund or waiver must be filed with the Commission within one hundred and eighty days from the date of shipment." Approved April 29, 1968.

Public Law 90-299 May 3, 1968 ^^- ^^^^

AN ACT To amend the Counminicatioiis Act of 1934 with respect to obscene or h a r a s s i n g telephone calls in i n t e r s t a t e or foreign commerce.

Be it enacted by the Senate and House of Representatives of the Obscene or United States of America in Congress assembled, That title II of the harassing tele phonecalis'pro- Comniuiiications Act of 1934 is amended by adding at the end thereof hibition. tjjg following new section: 48 Stat. 1070. 47 USC 201-222.

^ OBSCENE OR HARASSING TELEPHONE CAIXS IN THE DISTRICT OF COLUMBIA OR IN INTERSTATE OR FOREIGN COMMUNICATIONS

Penalty. 68 Stat. 64.

"SEC. 223. Whoever— " (1) in the District of Columbia or in interstate or foreign communication by means of telephone— " (A) makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy, or indecent; " (B) makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number; " (C) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or " (D) makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or "(2) knowingly permits any telephone under his control to be used for any purpose prohibited by this section. shall be fined not more than $500 or imprisoned not more than six Jiionths, or both." SEC. 2. Section 3(e) of the Communications Act of 1934 (47 U.S.C. 153 (e)) is amended by inserting " (other than section 223 thereof)" immediately after "title II of this Act". Approved May 3, 1968.

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Public Law 90-300 AN ACT To ameiitl section 14(b) of the Federal Reserve Act, as amended, to extend for two years the authority of Federal Reserve))anks to purchase United States obligations directly from the Treasury.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 14(b) of the Federal Keserve Act, as amended (12 II.S.C. 355), is amended by striking out "July 1, 1968" and inserting in lieu thereof "July 1, 1970" and by striking out "June 30, 1968" and inserting in lieu thereof "June 30, 1970". Approved May 4, 1968.

May 4, 1968 [H. R. 15344]

Federal Reserve Act, amendment. 80 Stat. 235.

Public Law 90-301 AN ACT To amend chapter 37 of title 38 of the United States Code with respect to the veterans' home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes.

May 7, 196 8 [H. R. 10477]

Be it enacted by the Senate and House of Representatives of the Veterans* United States of America in Congress assembled, That (a) section ministration. Ad1810(c) of title 38, United States Code, is amended by striking out Home l o a n s. "$7,500" and inserting in lieu thereof "$12,500". (b) Paragraph (2) of section 1811(d) of such title is amended by striking out "$7,500" each time it occurs and inserting in lieu thereof "$12,500". ^ SEC. 2. (a) Section 1810(b) of title 38, United States Code, is amended— (1) by amending paragraph (5) thereof to read as follows: "(5) the loan to be paid by the veteran for such property or for the cost of construction, repairs, or alterations, does not exceed the reasonable value thereof as determined by the Administrator; and," and (2) by adding at the end thereof the following new sentence: "After the reasonable value of any property, construction, repairs, or alterations is determined under paragraph (5), the Administrator shall, as soon as possible thereafter, notify the veteran concerned of such determination." (b) Section 1822(a) of such title is amended by striking out "section 1810, 1812, 1813, or 1818 of this title, or made under section 1811 or 1818" and inserting in lieu thereof "section 1812 or 1813". SEC. 3. (a) Notwithstanding the provisions of sections 203(b)(5), 207(c)(3), 213(d), 2 2 0 (d)(4), 220(h)(2) (iii), 2 2 1 (d)(5), 231(c) (6), 232(d)(3)(B), 234(f), and 1101(c)(4) of the National Housing Act regarding the maximum interest rates which the Secretary of 12 USC 1709 Housing and Urban Development may establish for certain mortgage et seqinsurance programs authorized by that Act, the Secretary is authorized, until October 1, 1969, to set the maximum interest rates for such programs at not to exceed such per centum per annum on the amount of the principal obligation outstanding at any time as he finds necessary to meet the mortgage market, and during that time the interest rates so set shall be deemed to be for all purposes the interest rates in effect under the provisions of said section 203(b)(5) and the other sections referred to above: Provided, That in determining the rate to

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38 USC 1801. 12 USC 1713.

12 USC 1715e.

12 USC 1715V.

12 USC 1715y.

Mortgage credit interest rates.

Study commis-

PUBLIC LAW 90-301-MAY 7, 1968

[82 STAT.

be applicable for the said section 203(b)(5) program, the Secretary shall consult with the Administrator of Veterans' Affairs regarding the rate which the Administrator considers necessary to meet the mortgage market for ^ a r a n t e e d or insured home loans to veterans under chapter 37 of title 38, United States Code. (b) Section 207(c)(3) of the National Housing Act is amended by inserting before the period at the end of the first sentence of the second paragraph the following: ", or not to exceed such per centum per annum not in excess of 6 per centum as the Secretary finds necessary to meet the mortgage market". (c) Section 213(d) of such Act is amended by striking ", except that-• and all that follows p r e e n i n g the period at the end of the first sentence and inserting in lieu thereof "on the amount of the principal obligation outstanding at any time, or not to exceed such per centum per annum not in excess of 6 per centum as the Secretary finds necessary to meet the mortgage market". (d) Section 231(c)(6) of such Act is amended by striking "or not to exceed'' and all that follows preceding the semicolon and inserting in lieu thereof "or not to exceed such per centum per annum not in excess of 6 per centum as the Secretary finds necessary to meet the mortgage market". (e) Section 234(f) of such Act is amended by inserting before the period at the end of the first sentence the following: ", or not to exceed such per centum per annum not in excess of 6 per centum as the Secretary finds necessary to meet the mortgage market''. SEC. 4. (a) The Congress finds that the national goal of "a decent home and a suitable living environment for every American family" cannot be reached unless there is an adequate supply of mortgage credit at rates of interest the American family can afford; that in recent yearS this credit has been available only at unreasonably high rates of interest, up as much as 50 per centum in the last three years; that for a moderate income family the cost of financing a home now is greater than the combined cost of land, labor, and construction material; that under existing constitutional arrangements our monetary and fiscal policies seem to be inadequate to cope with these high finance charges; that many financial institutions tend to withdraw from the mortgage market during tight money periods; that the purpose of Government ceilings seems to be thwarted by insidious discount points; that there exists in the public and private.sections of the economy the resources and capabilities necessary to eliminate the problems; and that new and more effective ways should be explored to exploit the power of Government and the economic resources of our Nation to resolve this difficult problem. (b) There is hereby established a commission to study mortgage interest rates and to make recommendations to assure the availability of an adequate supply of mortgage credit at a reasonable cost to the consumer (hereinafter referred to as the "(Commission") which shall be comprised of fifteen members as follows: (1) The chairman and ranking minority member of the Banking and Currency Committee of the United States Senate. (2) The chairman and ranking minority member of the Banking and Currency Committee of the House of Representatives. (3) The chairman and the ranking minority member of the Committee on Veterans' Affairs of the House of Representatives. (4) Two members appointed by the President of the Senate, one from the majority party and one from the minority party other than those referred to in paragraph (1).

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 CHAPTER XXII

THE SHERIFF ON BOARD

announcement of Mr. Damon came as a great surprise to Tom and Mr. Sharp. They had supposed that the reference to Shagmon was to a person, and never dreamed that it was to a locality. But Mr. Damon's knowledge of geography stood them in good stead.

"Well, what's the first thing to do?" asked Tom, after a pause.

"The first thing would be to go to Shagmon, or close to it, I should say," remarked Mr. Sharp. "In what direction is it, Mr. Damon?"

"Northwest from where we were. It's a county seat, and that will suit our plans admirably, for we can call on the sheriff for help."

"That is if we locate the gang," put in Tom. "I fancy it will be no easy job, though. How are we going about it?"

"Let's first get to Shagmon," suggested the balloonist. "We'll select some quiet spot for a Rh

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(5) Two members appointed by the Speaker of the House of Representatives, one from the majority party and one from the minority party other than those referred to in paragraphs (2) and (3). (6) Five members appointed by the President, at least three of whom will be public members representing the consumer. (c) A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) The Chairman of the Commission shall be designated by the President. (e) Eight members of the Commission shall constitute a quorum, but a lesser number may conduct hearings. (f) The Commission shall undertake a comprehensive study and make recommendations on— (1) The necessity for statutory or administrative controls over interest rates in connection with Government-assisted mortgages; (2) The appropriate level for such interest rates to enable low- and moderate-income families to afford decent housing; (3) Ways to assure the availability of an adequate sujDply of mortgage credit to produce the volume of housing required to meet the goals set forth in housing and urban development laws; and (4) The institutional changes, through legislation, administration, or tax incentives, that can be made among the Nation's financial institutions to encourage them to make available a larger share of capital funds for home financing purposes. (g) Said report of the Commission shall be made by April 1, 1969,.study commisso as to enable the President, Congress, and the Secretary of Housing ^^°" report. and Urban Development to take necessary action before October 1, 1969, when the authorization for the increase in interest rates above present statutory ceilings will expire. (h) The Commission is authorized to secure directly from any dexartment, bureau, agency, board, commission, office, independent estabishment, or instrumentality of the executive branch of the Federal Government information, suggestions, estimates, and statistics for the purposes of its work; and each department, bureau, agency, board, commission, office, independent establishment, or instrumentality is authorized to funiish such information, suggestions, estimates, and statistics to the extent permitted by law and within available funds. (i) The members of the Commission specified in paragraphs (1) through (4) of subsection (a) shall serve without axiditional compen- ^°^*' ^' ^°°^' sation. The members of the Commission appointed under paragraph (5) of subsection (a) shall receive $75 j^er diem when engaged m the performance of the duties of the Commission. xlU members of the „Jltl^""^ ^*" Commission shall receive reimbursement for necessary traveling and penses. subsistence expenses incurred by them in the performance of the duties of the Commission. (j) The Secretary of Housing and Urban Development shall desig- Executive Dinate the Executive Director of the Commission. Financial and admin- IZT °^ °'""^" istratiye services (including those relating to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the Department of Housing and Urban Development, for which payment shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the (Commission and said Department. (k) The Commission shall have power to appoint and fix the compensation of such additional personnel as may be necessary to carry out its duties, without regard to the provisions of the civil service laws and the Classification Act of 1949. 63 Stat. 9S4.

f

5 USC 5101 et seq.

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5 USC 3109.

Appropriation.

Commission termination. 38 USC 1801.

Expenditures.

PUBLIC LAW 90-301-MAY 7, 1968

[82 STAT.

(1) The Commission may also procure, without regard to the civil service laws and the Classification Act of 1949, temporary and intermittent services to the same extent as is authorized for the executive departments by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a) but at rates not to exceed $50 i^er diem for individuals. (m) To the extent of available appropriations, the Commission may obtain, by purchase, rental, donation, or otherwise, such additional property, facilities, and services as may be needed to carry out its duties. (n) There are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this section. (o) The Commission shall cease to exist sixty days after the submission of its final report. SEC. 5. (a) Chapter 37 of title 38, United States Code, is amended by adding at the end thereof the following new section: "§1827. Expenditures to correct or compensate for structural defects in mortgaged homes " (a) The Administrator is authorized, with respect to any property improved by a one- to four-family dwelling inspected during construction by the Veterans' Administration or the Federal Housing Administration which he finds to have structural defects seriously affecting the livability of the property, to make expenditures for (1) correcting such defects, (2) paying the claims of the owner of the property arising from such defects, or (3) acquiring title to the property; except that such authority of the Administrator shall exist only (A) if the owner requests assistance under this section not later than four years (or such shorter time as the Administrator may prescribe) after the mortgage loan was made, guaranteed, or insured, and (B) if the property is encumbered by a mortgage which is made, guaranteed, or insured under this chapter after the date of enactment of this section. " (b) The Administrator shall by regulation prescribe the terms and conditions under which expenditures and payments may be made mider the provisions of this section, and his decisions regarding such expenditures or payments, and the terms and conditions under which the same are approved or disapproved, shall be final and conclusive, and shall not be subject to judicial review. "(c) The Administrator is authorized to make expenditures for the purposes of this section from the funds established pursuant to sections 1823 and 1824 of this title, as applicable." (b) The analysis of chapter 37 of title 38, United States Code, is amended by adding at the end thereof the following: "1S27. PiXpeiulitures to correct or coiupfiisate for structural defwts iu mortgaged homes."

Approved May 7, 1968.

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117

Public Law 90-302 AN ACT To amend the National School Lunch Act to strengthen and expand food service programs for children, and for other purposes.

May 8, 1968 [H.R. 15398]

Be it enacted by the Senate and House of Representatives of the National United States of America in Congress assembled, That section 3 Lunch Act, School of the National School Lunch Act (42 U.S.C. 1752) is amended by amendment. striking out "section 1 1 " and inserting in lieu thereof "sections 11 76 Stat. 944. and 13-'. Appropriations shall be considered Health, Education, and Welfare functions for budget purposes rather than functions of Agriculture. SEC. 2. (a) Section 6 of the National School Lunch Act (42 U.S.C. 1755) is amended by inserting "except section 13" immediately after 60 Stat. 2 3 1. "Act," where it first appears. (b) Section 9 of such Act is amended by inserting before the period 42 USC 1758. at the end of the first sentence the following: "; except that such minimum nutritional requirements shall not be construed to prohibit the substitution of foods to accommodate the medical or other special dietary needs of individual students". 42 SEC. 3. The National School Lunch Act is amended by adding at note. u s e 1751 the end of the Act the following new section: "SPECIAL FOOD SERVICE PROGRAM FOR CHILDREN

"SEC. 13. (a)(1) There is authorized to be appropriated $32,000,000 for each of the three fiscal years ending June 30, 1969, June 30, 1970, and June 30, 1971, to enable the Secretary to formulate and carry out a pilot program to assist States through grants-in-aid and other means, to initiate, maintain, or expand nonprofit food service programs for children in service institutions. For purposes of this section, the term 'service institutions' means private, nonprofit institutions or public institutions, such as child day-care centers, settlement houses, or recreation centers, which provide day care, or other child care where children are not maintained in residence, for children from areas in which poor economic conditions exist and from areas in which there are high concentrations of working mothers, and includes public and private nonprofit institutions providing day care services for handicapped children. "(2) Subject to all the provisions of this section, the term 'service institutions' also includes public or private nonprofit institutions that develop special summer programs providing food service similar to that available to children under the National School Lunch or School Breakfast Programs during the school year, including such institutions providing day care services for handicapped children. " (b)(1) Of the funds appropriated for the purposes of this section for any fiscal year, the Secretary shall reserve 2 per centum for apportionment to Guam, Puerto Rico, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. Guam, Puerto Rico, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands shall each be paid an amount which bears the same ratio to the total of such reserved funds as the number of children aged three to seventeen, inclusive, in each bears to the total number of children of such ages in all of them. " (2) From the remainder of the funds appropriated for any fiscal 3^ear, the Secretary shall pay to each State such sums as he deems ap-

" Service insstitions."

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