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for sale, ship, deliver for shipment, or receive and (having so received) deliver or offer to deliver, to any person— " (A) any pesticide which is not registered under section 3, except as provided by section 6(a)(1); " (B) any registered pesticide if any claims made for it as a part of its distribution or sale substantially differ from any claims made for it as a part of the statement required in connection with its registration under section 3; " (C) any registered pesticide the composition of which differs at the time of its distribution or sale from its composition as described in the statement required in connection with its registration under section 3; " (D) any pesticide which has not been colored or discolored pursuant to the provisions of section 2 5 (c)(5); " (E) any pesticide which is adulterated or misbranded; or " (F) any device which is misbranded. "(2) I t shall be unlawful for any person— " (A) to detach, alter, deface, or destroy, in whole or in part, any labeling required under this Act; " (B) to refuse to keep any records required pursuant to section 8, or to refuse to allow the inspection of any records or establishment pursuant to section 8 or 9, or to refuse to allow an officer or employee of the Environmental Protection Agency to take a sample of any pesticide pursuant to section 9; " (C) to give a guaranty or undertaking provided for in subsection (b) which is false in any particular, except that a person who receives and relies upon a guaranty authorized under subsection (b) may give a guaranty to the same effect, which guaranty shall contain, in addition to his own name and address, the name and address of the person residing in the United States from whom he received the guaranty or undertaking; " (D) to use for his own advantage or to reveal, other than to the Administrator, or officials or employees of the Environmental Protection Agency or other Federal executive agencies, or to the courts, or to physicians, pharmacists, and other qualified persons, needing such information for the performance of their duties, in accordance with such directions as the Administrator may prescribe, any information acquired by authority of this Act which is confidential under this Act; " (E) who is a registrant, wholesaler, dealer, retailer, or other distributor to advertise a product registered under this Act for restricted use without giving the classification of the product assigned to it under section 3; " (F) to make available for use, or to use, any registered pesticide classified for restricted use for some or all purposes other than in accordance with section 3(d) and any regulations thereunder;" (G) to use any registered pesticide in a manner inconsistent with its laibeling; " (H) to use any pesticide which is under an experimental use permit contrary to the provisions of such permit; " (I) to violate any order issued under section 13; " (J) to violate any suspension order issued under section 6; " (K) to violate any cancellation of registration of a pesticide under section 6, except as provided by section 6(a)(1);

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" (L) who is a producer to violate any of the pro\isions of section 7; " (M) to knowingly falsify all or part of any api^lication for registration, application for experimental use permit, any information submitted to the Administrator pursuant to section 7, any records required to be maintained pursuant to section 8, any report filed under this Act, or any information marked as confidential and submitted to the Administrator under any provision of this Act; " (N) who is a registrant, wholesaler, dealer, retailer, or other distributor to fail to file reports required by this Act; " (O) to add any substance to, or take any substance from, any pesticide in a manner that may defeat the purpose of this Act; or " (P) to use any pesticide in tests on human beings unless such human beings (i) are fully informed of the nature and purposes of the test and of any physical and mental health consequences which are reasonably foreseeable therefrom, and (ii) freely volunteer to participate in the test. " (b) EXEMPTIONS.—The penalties provided for a violation of paragraph (1) of subsection (a) shall not apply to— "(1) any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom he purchased or received in good faith the pesticide in the same unbroken package, to the effect that the pesticide was lawfully registered at the time of sale and delivery to him, and that it complies with the other requirements of this Act, and in such case the guarantor shall be subject to the penalties which would otherwise attach to the person holding the guaranty under the provisions of this Act; "(2) any carrier while lawfully shipping, transporting, or delivering for shipment any pesticide or device, if such carrier upon request of any officer or employee duly designated by the Administrator shall permit such officer or employee to copy all of its records concerning such pesticide or device; "(3) any public official while engaged in the performance of his official duties; "(4) any person using or possessing any pesticide as provided by an experimental use permit in effect with respect to such pesticide and such use or possession; or "(5) any person who ships a substance or mixture of substances being put through tests in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties and from which the user does not expect to receive any benefit in pest control from its use. "SEC. 13. STOP SALE, USE, REMOVAL, AND SEIZURE. •'(a) STOP SALE, ETC., ORDERS.—Whenever any pesticide or device

is found by the Administrator in any State and there is reason to believe on the basis of inspection or tests that such pesticide or device is in violation of any of the provisions of this Act, or that such pesticide or device has been or is intended to be distributed or sold in violation of any such provisions, or when the registration of the pesticide lias been canceled by a final order or has been suspended, the Administrator may issue a written or printed 'stop sale, use, or removal' OT'der to any person who owns, controls, or has custody of such pesticide or device, and after receipt of such order no person shall sell, use, or

991

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


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.

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remove the pesticide or device described in the order except in accordance with the provisions of the order. '• (b) SEIZURE.—Any pesticide or device that is being transported or, having been transported, remains unsold or in original unbroken packages, or that is sold or offered for sale in any State, or that is imported from a foreign country, shall be liable to be proceeded against in any district court in the district where it is found and seized for confiscation by a process in rem for condemnation if— " (1) in the case of a pesticide— " (A) it is adulterated or misbranded; " (B) it is not registered pursuant to the provisions of sections; !o -'.H " (C) its labeling fails to bear the information required by this Act; < " (D) it is not colored or discolored and such coloring or discoloring is required under this Act; or " (E) any of the claims made for it or any of the directions •' for its use differ in substance from the representations made in connection with its registration; ''' " (2) in the case of a device, it is misbranded; or " (3) in the case of a pesticide or device, when used in accordance with the requirements imposed under this Act and as directed by the labeling, it nevertheless causes unreasonable adverse effects on the environment. I n the case of a plant regulator, defoliant, or desiccant, used in accordance with the label claims and recommendations, physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when such effects are the purpose for which the plant regulator, defoliant, or desiccant was applied. "(c)

DISPOSITION

AFTER

CONDEMNATION.—If

the

pesticide

or

device is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court ma^ direct and the proceeds, if sold, less the court costs, shall be paid into the Treasury of the United States, but the pesticide or device shall not be sold contrary to the provisions of this Act or the laws of the jurisdiction in which it is sold: Provided, That upon payment of the costs of the condemnation proceedings and the execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be sold or otherwise disposed of contrary to the provisions of the Act or the laws of any jurisdiction in which sold, the court may direct that such pesticide or device be delivered to the owner thereof. The proceedings of such condemnation cases shall conf rom, as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States. " (d) COURT COSTS, ETC.—When a decree of condemnation is entered against the pesticide or device, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide or device. "SEC. 14. PENALTIES. "(a)

CIVIL PENALTIES.—

"(1) IN GENERAL.—Any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who violates any provision of this Act may be assessed a civil penalty by the Administrator of not more than $5,000 for each offense.

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"(2) PRIVATE APPLICATOR.—Any private applicator or other person not included in paragraph (1) who violates any provision of this Act subsequent to receiving a written warning from the Administrator or following a citation for a prior violation, may be assessed a civil penalty by the Administrator of not more than $1,000 for each offense. "(3) HEARING.—^o civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in the county, parish, or incorporated city of the residence of the person charged. In determining the amount of the penalty the Administrator shall consider the appropriateness of such penalty to the size of the business of the person charged, the effect on the person's ability to continue in business, and the gravity of the violation. ''(4) REFERENCES TO ATTORNEY GENERAL.—In case of inability to collect such civil penalty or failure of any person to pay all, or such portion of such civil penalty as the Administrator may determine, the Administrator shall refer the matter to the Attorney General, who shall recover such amount by action in the appropriate United States district court. "(b)

,

CRIMINAL PENALTIES.—

"(1) IN GENERAL.—Any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who knowingly violates any provision of this Act shall be guilty of a misdemeanor and shall on conviction be fined not more than $25,000, or imprisoned for not more than one year, or both. "(2) PRIVATE APPLICATOR.—Any private applicator or other person not included in paragraph (1) who knowingly violates any provision of this Act shall be guilty of a misdemeanor and shall on conviction be fined not more than $1,000, or imprisoned for not more than 30 days, or both. "(3) DISCLOSURE OF INFORMATION.—Any person, who, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of section 3, shall be fined not more than $10,000, or imprisoned for not more than three years, or both. "(4) ACTS OF OFFICERS, AGENTS, ETC.—When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed. "SEC. 15. INDEMNITIES. "(a)

993

REQUIREMENT.—If—

"(1) the Administrator notifies a registrant that he has suspended the registration of a pesticide because such action is necessary to prevent an imminent hazard; " (2) the registration of the pesticide is canceled as a result of a final determination that the use of such pesticide will create an imminent hazard; and "(3) any person who owned any quantity of such pesticide immediately before the notice to the registrant under paragraph, (1) suffered losses by reason of suspension or cancellation of the registration, the Administrator shall make an indemnity payment to such person, unless the Administrator finds that such person (i) had knowledge of facts which, in themselves, would have shown that such pesticide did

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not meet the requirements of section 3(c)(5) for registration, and (ii) continued thereafter to produce such pesticide without giving timely notice of such facts to the Administrator. "(b)

AMOUNT OF PAYMENT.—

" (1) IN GENERAL.—The amount of the idemnity payment under subsection (a) to any person shall be determined on the basis of the cost of the pesticide owned by such person immediately before the notice to the registrant referred to in subsection (a)(1); except that in no event shall an indemnity payment to any person exceed the fair market value of the pesticide owned by such person Immediately before the notice referred to in subsection (a)(1). "(2) SPECIAL RULE.—Notwithstanding any other provision of this Act, the Administrator may provide a reasonable time for use or other disposal of such pesticide. I n determining the quantity of any pesticide for which indemnity shall be paid under this subsection, proper adjustment shall be made for any pesticide used or otherwise disposed of by such owner. "SEC. 16. ADMINISTRATIVE PROCEDURE; JUDICIAL REVIEW. " (a) DISTRICT COURT EEVIEW.—Except as is otherwise provided in

72 Stat. 941; 80 Stat. 1323.

62 Stat. 928.

this Act, Agency refusals to cancel or suspend registrations or change classifications not following a hearing and other final Agency actions not committed to Agency discretion by law are judicially reviewable in the district courts. " (b) REVIEW BY COURT OF APPEALS.—In the case of actual controversy as to the validity of any order issued by the Administrator following a public hearing, any person who will be adversely affected by such order and who had been a party to the proceedings may obtain judicial review by filing in the United States court of appeals for the circuit wherein such person resides or has a place of business, within 60 days after the entry of such order, a petition praying that the order be set aside in whole or in part. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator or any officer designated by him for that purpose, and thereupon the Administrator shall file in the court the record of the proceedings on which he based his order, as provided in section 2112 of title 28, United States Code. Upou the filing of such petition the court shall have exclusive jurisdiction to affirm or set aside the order complained of in whole or in part. The court shall consider all evidence of record. The order of the Administrator shall be sustained if it is supported by substantial evidence when considered on the record as a whole. The judgment of the court affirming or setting aside, in whole or in part, any order under this section shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section ^254 of title 28 of the United States Code. The commencement of proceedings under this section shall not, unless specifically ordered by the court to the contrary, operate as a stay of an order. The court shall advance on the docket and expedite the disposition of all cases filed therein pursuant to this section. "(c) JURISDICTION OF DISTRICT COURTS.—The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this Act. " (d) NOTICE OF JUDGMENTS.—The Administrator shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this Act.

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"SEC. 17. IMPORTS AND EXPORTS. "(a)

PESTICIDES AND DEVICES INTENDED FOR EXPORT.—Xotwith-

standing any other provision of this Act, no pesticide or device shall be deemed in violation of this Act when intended solely for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser, except that producers of such pesticides and devices shall be subject to section 8 of this Act. (b) CANCELLATION

NOTICES

FURNISHED

TO FOREIGN

GOVERN-

MENTS.—Whenever a registration, or a cancellation or suspension of the registration of a pesticide becomes effective, or ceases to be effective, the Administrator shall transmit through the State Department notification thereof to the governments of other countries and to appropriate inteniational agencies. " (c) IMPORTATION or PESTICIDES AND DEVICES.—The Secretary of

the Treasury shall notify the Administrator of the arrival of pesticides and devices and shall deliver to the Administrator, upon his request, samples of pesticides or devices which are being imported into the United States, giving notice to the owner or consignee, who may appear before the Administrator and have the right to introduce testimony. If it appears from the examination of a sample that it is adulterated, or misbranded or otherwise violates the provisions set forth in this Actj or is otherwise injurious to health or the environment, the pesticide or device may be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any pesticide or device refused delivery which shall not be exported by the consignee within 90 days from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, That the Secretary of the Treasury may deliver to the consignee such pesticide or device pending examination and decision in the matter on execution of bond for the amount of the full invoice value of such pesticide or device, together with the duty thereon, and on refusal to return such pesticide or device for any cause to the custody of the Secretary of the Treasury, Avheii demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of said bond: And frovided further, That all charges for storage, cartage, and labor on pesticides or devices which are refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee. "(d)

COOPERATION

I N INTERNATIONAL

EFFORTS.—The

r . •^

'.,

Adminis-

trator shall, in cooperation with the Department of State and any other appropriate Federal agency, participate and cooperate in any international efforts to develop improved pesticide research and regulations. "(e) REGULATIONS.—The Secretary of theTreasury, in consultation with the Administrator, shall prescribe regulations for the enforcement of subsection (c) of this section. "SEC. 18. EXEMPTION OF FEDERAL AGENCIES. "The Administrator may, at his discretion, exempt any Federal or State agency from any provision of this Act if he determines that emergency conditions exist which require such exemption. "SEC. 19. DISPOSAL AND TRANSPORTATION. " (a) PROCEDURES.—The Administrator shall, after consultation with Regulations. other interested Federal agencies, establish procedures and regula-

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80 Stat. 944. 74 Stat. 808; 79 Stat. 285. 72 Stat. 775; 85 Stat. 4 8 1. Contract authority.

PUBLIC LAW 92-516-OCT. 21, 1972

[86 STAT.

tions for the disposal or storage of packages and containers of pesticides and for disposal or storage of excess amounts of such pesticides, and accept at convenient locations for safe disposal a pesticide the registration of which is canceled under section 6(c) if requested by the owner of the pesticide. "(b) ADVICE TO SECRETARY OF TRANSPORTATION.—The Administrator shall provide advice and assistance to the Secretary of Transportation with respect to his functions relating to the transportation of hazardous materials under the Department of Transportation Act (49 U.S.C. 1657), the Transportation of Explosives Act (18 U.S.C. 831-835), the Federal Aviation Act of 1958 (49 U.S.C. 1421-1430, 1472 H), and the Hazardous Cargo Act (46 U.S.C. 170, 375, 416). "SEC. 20. RESEARCH AND MONITORING.

" (a) RESEARCH.—The Administrator shall undertake research, including research by grant or contract with other Federal agencies, universities, or others as may be necessary to carry out the purposes of this Act, and he shall give priority to research to develop biologically integrated alternatives for pest control. The Administrator shall also take care to insure that such research does not duplicate research being undertaken by any other Federal agency. " (D) NATIONAL MONITORING PLAN.—The Administrator shall formulate and periodically revise, in cooperation with other Federal, State, or local agencies, a national plan for monitoring pesticides. "(c) MONITORING.—The Administrator shall undertake such monitoring activities, including but not limited to monitoring in air, soil, water, man, plants, and animals, as may be necessary for the implementation of this Act and of the national pesticide monitoring plan. Such activities shall be carried out in cooperation with other Federal, State, and local agencies. "SEC. 21. SOLICITATION OF COMMENTS; NOTICE OF PUBLIC HEARINGS.

Publication in Federal Register.

" (a) The Administrator, before publishing regulations under this Act, shall solicit the views of the Secretary of Agriculture. "(b) In addition to any other authority relating to public hearings and solicitation of views, in connection with the suspension or cancellation of a pesticide registration or any other actions authorized under this Act, the Administrator may, at his discretion, solicit the views of all interested persons, either orally or in writing, and seek such advice from scientists, farmers, farm organizations, and other qualified persons as he deems proper. "(c) In connection with all public hearings under this Act the Administrator shall publish timely notice of such hearings in the Federal Register.

"SEC. 22. DELEGATION AND COOPERATION. " (a) DELEGATION.—All authority vested in the Administrator by virtue of the provisions of this Act may with like force and effect be executed by such employees of the Environmental Protection Agency as the Administrator may designate for the purpose. " (b) COOPERATION.—The Administrator shall cooperate with the Department of Agriculture, any other Federal agency, and any appropriate agency of any State or any political subdivision thereof, in carrying out the provisions of this Act, and in securing uniformity of regulations. "SEC. 23. STATE COOPERATION, AID, AND TRAINING. " (a) COOPERATIVE AGREEMENTS.—The Administrator is authorized

to enter into cooperative agreements with States—

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" (1) to delegate to any State the authority to cooperate in the enforcement of the Act through the use of its personnel or- facilities, to train personnel of the State to cooperate in the enforcement of this Act, and to assist States in implementing cooperative enforcement programs through grants-in-aid; and "(2) to assist State agencies in developing and administering State programs for training and certification of applicators consistent with the standards which he prescribes. "(b) CONTRACTS FOR TRAINING.—In addition, the Administrator is authorized to enter into contracts with Federal or State agencies for the purpose of encouraging the ti^aining of certified applicators. "(c) The Administrator may, in cooperation with the Secretary of Agriculture, utilize the services of the Cooperative State Extension Services for informing farmers of accepted uses and other regulations made pursuant to this Act. "SEC. 24. AUTHORITY OF STATES. " (a) A State may regulate the sale or use of any pesticide or device in the State, but only if and to the extent the regulation does not permit any sale or use prohibited by this Act; " (b) such State shall not impose or continue in effect any requirements for labeling and packaging in addition to or different from those required pursuant to this Act; and (c) a State may provide registration for pesticides formulated for distribution and use within that State to meet special local needs if that State is certified by the Administrator as capable of exercising adequate controls to assure that such registration will be in.accord with the purposes of this Act and if registration for such use has not previously been denied, disapproved, or canceled by the Administrator. Such registration shall be deemed registration under section 3 for all purposes of this Act, but shall authorize distribution and use only within such State and shall not be effective for more than 90 days if disapproved by the Administrator within that period. "SEC. 25. AUTHORITY OF ADMINISTRATOR. " (a) REGULATIONS.—The Administrator is authorized to prescribe regulations to carry out the provisions of this Act. Such regulations shall take into account the difference in concept and usage between various classes of pesticides. " (b) EXEMPTION OF PESTICIDES.—The Administrator may exempt from the requirements of this Act by regulation any pesticide which he determines either (1) to be adequately regulated by another Federal agency, or (2) to be of a character which is unnecessary to be subject to this Act in order to carry out the purposes of this Act. "(c) OTHER AUTHORITY.—The Administrator, after notice and opportunity for hearing, is authorized— "(1) to declare a pest any form of plant or animal life (other than man and other than bacteria, virus, and other micro-organisms on or in living man or other living animals) which is injurious to health or the environment: "(2) to determine any pesticide which contains any substance or substances in quantities highly toxic to man; ,* v " (3) to establish standards (which shall be consistent with those established under the authority of the Poison Prevention Packaging Act (Public Law 91-601)) with respect to the package, 84 Stat. i67o. container, or wrapping in which a pesticide or device is enclosed note. for use or consumption, in order to protect children and adults from serious injury or illness resulting from accidental ingestion

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or contact with pesticides or devices regulated by this Act as well as to accomplish the other purposes of this Act; " (4) to specify those classes of devices which shall be subject to any provision of paragraph 2(q)(1) or section 7 of this Act upon his determination that application of such provision is necessary to effectuate the purposes of this Act; "(5) to prescribe regulations requiring any pesticide to be colored or discolored if he determines that such requirement is feasible and is necessary for the protection of health and the environment; and "(6) to determine and establish suitable names to be used in the ingredient statement.

•

"SEC. 26. SEVERABILITY.

"If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act which can be given effect without regard to the invalid provision or application, and to this end the provisions of this Act are severable. "SEC. 27. AUTHORIZATION FOR APPROPRIATIONS.

"There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act for each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975. The amounts authorized to be appropriated for any fiscal year ending after June 30, 1975, shall be the sums hereafter provided by law." AMENDMENTS TO OTHER ACTS

74 Stat. 372. 84 Stat. 1670. 52 Stat. 1040.

SEC. 3. The following Acts are amended by striking out the terms "economic poisons"' and "an economic poison" wherever they appear and inserting in lieu thereof "pesticides" and "a pesticide" respectively: (1) The Federal Hazardous Substances Act, as amended (15 U.S.C. 1261 et seq.); (2) The Poison Prevention Packaging Act, as amended (15 U.S.C. 147l ct seq.); and (3) The Federal Food, Drug, and Cosmetic Act, as amended (£1 U.S.C. 301 et scq.). '

Savings provision. 61 Stat. 163. 7 USC 135 note.

EFFECTIVE DATES OF PROVISIONS OF ACT

SEC. 4. (a) Except as otherwise provided in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by this Act, and as otherwise provided by this section, the amendments made by this Act shall take effect at the close of the date of the enactment of this Act, l^rovided if regulations are necessary for the implementation of any provision that becomes effective on the date of enactment, such regulations shall be promulgated and shall become effective within 90 days from the date of enactment of this Act. (b) The provisions of the Federal Insecticide, Fungicide, and Eodenticide Act and the regulations thereunder as such existed prior to the enactment of this Act shall remain in effect until superseded by the amendments made by this Act and regulations thereunder: Provided, That all provisions made by these amendments and all regulations thereunder shall be effective within four years after the enactment of this Act. (c)(1) Two years after the enactment of this Act the Administrator shall have promulgated regulations providing for the registration and

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PUBLIC LAW 92-517-OCT. 21, 1972

STAT.]

9S>9

classification of pesticides under the provisions of this Act and thereafter shall register all new applications under such provisions. (2) After two years but within four years after the enactment of this Act the Administrator shall register and reclassify pesticides registered under the provisions of the Federal Insecticide, Fungicide, and Eodenticide Act prior to the effective date of the regulations promulgated under subsection (c)(1). (3) Any requirements that a pesticide be registered for use only by a certified applicator shall not be effective until four years from the date of enactment of this Act. (4) A period of four years from date of enactment shall be provided for certification of applicators. (A) One year after the enactment of this Act the Administrator shall have prescribed the standards for the certification of applicators. (B) Within three years after the enactment of this Act each State desiring to certify applicators shall submit a State plan to the Administrator for the purpose provided by section 4(b). (C) As promptly as possible but in no event more than one year after submission of a State plan, the Administrator shall approve the State plan or disapprove it and indicate the reasons for disapproval. Consideration of plans resubmitted by States shall be expedited. (5) One year after the enactment of this Act the Administrator shall have promulgated and shall make effective regulations relating to the registration of establishments, permits for experimental use, and the keeping of books and records under the provisions of this Act. (d) No person shall be subject to any criminal or civil penalty imposed by the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by this Act, for any act (or failure to act) occurring before the expiration of 60 days after the Administrator has published effective regulations in the Federal Register and taken such other action as may be necessary to permit compliance with the provisions under which the penalty is to be imposed. (e) For purposes of determining any criminal or civil penalty or liability to any third person in respect of any act or omission occurring before the expiration of the periods referred to in this section, the Federal Insecticide, Fungicide, and Eodenticide Act shall be treated as continuing in effect as if this Act had not been enacted. Approved October 21, 1972.

61 Stat. 163. 7 USC 135 note.

Public Law 92-517 AN ACT October 21, 1972 [S.4062] To provide for acquisition by the Washington Metropolitan Area Transit Authority of the mass transit bus systems engaged in scheduled regular route operations in the National Capital area, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled, »(•',.

,

of the

•

Ar^rrransitAct^^l of 1972.

SHORT

TITLE

1. This Act may be cited as "National Capital Area Transit Act of 1972": SECTION

STATEMENT OE FINDINGS AND PURPOSES

SEC. 2. The Congress finds that (1) an adequate and economically sound transportation system or systems, including bus and rail rapid 82-081 O - 73 - (

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text:
Page:The Eurypterida of New York Volume 1.pdf/429

 anterior margins are furnished with a filiform border, the posterior with a narrow doublure. The carapace culminates between or just posteriorly of the lateral eyes, a broad ridge extending thence backward toward the posterior margin. The lateral eyes were relatively small, only about one seventh the length of the carapace, submarginal, situated just posteriorly of the base of the tonguelike anterior process, apart about their length and about half their length distant from the lateral margin. The visual surface is as in. The ocellar mound is very prominent and situated between the posterior extremities of the lateral eyes.

The appendages, so far as seen, are like those of.

Abdomen. The tergites and sternites have the form and relative dimensions of those of ; of the postabdomen only one segment has been seen which indicates a tail as tubular and scorpionlike as in the genotype; and the telson has not been observed. The ornamentation is that of, but the scales are smaller and more closely arranged.

Horizon and locality. The concretionary block which contained the remains of the three specimens was found loose at the foot of a high bank of Salina beds in Oriskany creek, near Farmers Mills, 3 miles south of Clinton, N. Y. The block is also full of lingulas and orbiculoideas by means of which its horizon in the bluff could be determined. It is there located about 21 feet below the base of the red Vernon shale in dark gray shales with intercalated waterlimes and dolomite beds. This shale formation has been considered by Mr Hartnagel as equivalent to the Pittsford shale, the lowest formation of the Salina beds in New York; or, as it combines the dark gray Pittsford shale with the typical Lockport dolomite, as the interlocking boundary of the Niagaran and Cayugan groups, or the closing stages of the Niagaran. However that may be, it is safe to consider this eurypterid horizon as situated at the base of the Salina beds, and either of Pittsford age or still older.

Remarks.  is in more than one way a very puzzling form. Its general features are undoubtedly like those of


text:
Page:United States Statutes at Large Volume 86.djvu/1042

 1000

PUBLIC LAW 92-517-OCT. 21, 1972

, rrr. nti^ if

8/stal^967°^'

[86 STAT.

transit, serving the Washington metropolitan area is essential to commerce among the several States, and among such States and the District of Columbia, and to the health, welfare, and safety of the public; (2) economies and improvement of service will result from the unification of bus transit and rail transit operations as well as from integration of bus transit facilities within the Washington metropolitan area; (3) the Washington Metropolitan Area Transit Authority is a body corporate and politic organized pursuant to interstate compact among the States of Maryland and Virginia and the District of Columbia, with the consent of Congress, to plan, develop, finance, and operate improved transit facilities in the Washington metropolitan area transit zone; (4) an appropriate solution to the current bus transportation emergency is public ownership and operation of bus transit facilities within the Washington metropolitan area; (5) the cost of such public ownership should be shared by the Federal and local governments in the Washington metropolitan area in accordance with the matching formula authorized by the Urban Mass Transportation Act of 1964 ^^^ U.S.C. 1601-1612); and (6) to these ends it is necessary to enact the provisions hereinafter set forth. •

'.,-

TITLE I

• •

'';••

•• •'••.: •

C O N S E N T TO COMPACT AMENDMENT

Washington §^0. 101. (a) The Congress hereby consents to amendments to Trinsu° Auth^u^ articles X II and X VI of title III of the Washington Metropolitan Compact, amend- Area Trauslt Regulation Compact (D.C. Code, sec. 1-1431 note) sub""80*Stat. 1342 stautially as follows: 1347. ' (1) Section 56 of article X II is amended by adding at the end thereof the following new paragraph: "(e) The Authority may acquire the capital stock or transit facilities of any private transit company and may perform transit service, including service by bus or similar motor vehicle, with transit facilities so acquired, or with transit facilities acquired pursuant to article 80 Stat. 1333. VII, section 20. Upon acquisition of the capital stock or the transit facilities of any private transit company, the Authority shall undertake the acquisition as soon as possible of the capital stock or the transit facilities of each of the other private transit companies within the zone requesting such acquisition. Lack of such request, however, shall not be construed to preclude the Authority from acquiring the capital stock or the transit facilities of any such company pursuant to section 80 Stat. 1350. 82 of articlc X VI. " D. C. Code 1 (2) Subsection (a) of section 82 of article X VI is amended by 1431 note deleting "or by a private transit company" at the end of such subsection and by inserting in lieu thereof the following: "whenever such property cannot be acquired by negotiated purchase at a price satisfactory to the Authority". (b) The Commissioner of the District of Columbia is authorized and directed to enter into and execute on behalf of the District of sic^o iiwit^fs,;-! Columbia amendments, substantially as set forth above, to title III of the Washington Metropolitan Area Transit Regulation Compact with the States of Virginia and Maryland. •i

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text:
Page:United States Statutes at Large Volume 86.djvu/1043

 86

STAT.]

PUBLIC LAW

9 2 - 5 1 7 - O C T. 21, 1972

ACQUISITION OF PRIVATE B U S C O M P A N I E S OPERATING W I T H I N THE W A S H I N G TO N M E T R O P O L I T A N AREA ,

^

1001 \

SEC. 102. (a) Based on the findings set forth in section 2 of this Act, it is the sense of the Congress that the Washington Metropolitan Area Transit Authority (hereafter in this Act referred to as the "Transit Authority") should initiate negotiations as soon as possible with the ownership of D.C. Transit System, Incorporated (and its subsidiary, the Washington, Virginia, and Maryland Coach Company), the Alexandria, Barcroft, and Washington Transit Company, and the WMA Transit Company for acquisition by the Transit Authority of capital stock or facilities, plant, equipment, real and personal property of such bus companies of whatever nature, whether owned directly or indirectly, used or useful for mass transportation by bus of passengers within the Washington metropolitan area. I t is further the sense of the Congress that representatives of the Transit "s^.iBjg; i^s Authority should participate in any labor contract negotiations '* '•''"^ ' ' undertaken prior to acquisition by the Transit Authority of such bus companies. (b) The franchise to operate a system of mass transportation of D.C. Transit passengers for hire granted to D.C. Transit System, Incorporated, by fran''cMsi?canceithe Act of July 24, 1956 (70 Stat. 598) is hereby canceled, effective upon lation. the date immediately preceding the date on which the Transit Authority acquires the transit facilities of D.C. Transit System, Incorporated. (c)(1) The Transit Authority, and any transit company owned or controlled by the Transit Authority, may operate charter service by bus in accordance with title III of the Washington Metropolitan Area Transit Regulation Compact only between any point within the ^n^%'\^^\' transit zone and any point in the State of Maryland or Virginia, or 1431 note°. ^ a point within 250 miles of the Zero Mile Stone located on the Ellipse. (2) For the purposes of this subsection, the term "transit zone" "Transit means the area designated in section 3 of title III of the Washington Metropolitan Area Transit Regulation Compact. (d) D.C. Transit System, Incorporated, a corporation of the Dis~., trict of Columbia, may— (1) continue to exist as such a corporation and amend its charter in any manner provided under the laws of the District of Columbia; ^, (2) avail itself of the provisions of the District of Columbia ' ' ' \ Hv, Business Corporation Act in respect to a change of its name; and (3) become incorporated or reincorporated in any manner provided under the laws of the District of Columbia. Nothing in this Act shall be construed so as to cause or require the corporate dissolution of D.C. Transit System, Incorporated. '

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text:
Page:United States Statutes at Large Volume 86.djvu/1044

 1002

PUBLIC LAW 92-517-OCT. 21, 1972 riirr -yjwv

[86

STAT.

TITLE II DISTRICT OF COLUMBIA AUTHORIZATIONS

81 Stat. 339; 84 Stat. 1930.

SEC. 201. (a) The Commissioner of the District of Columbia is authorized to contract with the Transit Authority for payment to it of the District's share of the cost to the Transit Authority of acquiring— (1) the private bus companies referred to in section 102(a) of this Act; and (2) any rolling stock, real estate, or other capital resources required for the operation of bus service in the District of Columbia either at the time of acquisition of such bus companies or at some future time. (b) Subsection (b) of the first section of the Act of June 6, 1958 (D.C. Code, sec. 9-220) (relating to the borrowing authority of the District of Columbia), is amended by adding at the end thereof the following new paragraph: "(5) Loans may be made under this subsection to carry out the purposes of section 210(a) of the National Capital Area Transit Act of 1972." TITLE III FINANCING

78 Stat. 303; 84 Stat. 962. 49 USC 1602.

49 USC 1601 note.

80 Stat. 715. 49 USC 1609.

•

SEC. 301. The Transit Authority, for the purpose of effecting the acquisition of the mass transit bus system or systems as contemplated by this Act, together with such improvements or replacement of acquired equipment and facilities as may be found necessary or desirable by the Secretary of Transportation (hereafter in this title referred to as the "Secretary") in conjunction with such acquisition and within a reasonable time thereafter, not to exceed six months, is eligible for capital grant assistance pursuant to section 3 of the Urban Mass Transportation Act of 1964. For this purpose, the Transit Authority shall be considered a "local public body" within the meaning of that section and, accordingly, the Secretary may authorize and approve capital grant assistance to the Transit Authority in the maximum amount provided for in the Urban Mass Transportation Act of 1964 toward the cost of acquisition of such bus system or systems, including the cost of improvements to or replacement of acquired equipment and facilities approved by the Secretary in conjunction with such acquisition. Such assistance shall be provided from funds available to the Urban Mass Transportation Administration of the Department of Transportation. SEC. 302. (a) If the Secretary should determine that immediate action is urgently required to protect the public interest in the National Capital area, he may waive any or all provisions of the Urban Mass Transportation Act of 1964 (except section 13(c) thereof), and immediately grant to the Transit Authority from funds available to the Urban Mass Transportation Administration of the Department of Transportation such sums as are contemplated under section 301.

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text:
Page:United States Statutes at Large Volume 86.djvu/1045

 86 STAT.]

PUBLIC LAW 92-517-OCT. 21, 1972

(b) The Secretary, after determining that immediate action is necessary in the public interest in accordance with subsection (a) of this section, may, in accordance with subsection (c) of this section, advance from funds available to the Urban Mass Transportation Administration of the Department of Transportation such funds as he determines to be necessary for payment to the Transit Authority to provide temporary financing for that portion of the cost of acquisition of the mass transit bus system or systems contemplated by this Act, together with associated improvements to or replacement of acquired equipment and facilities, which are not provided for by the Secretary pursuant to section 301 of this Act. For this purpose, such advance shall not be construed as a loan made under section 3 of the Urban Mass Transportation Act of 1964. Funds advanced pursuant to this section shall be considered as "other than Federal funds" within the meaning of section 4(a) of the Urban Mass Transportation Act of 1964. (c) The Secretary shall not advance funds under this section until he has determined that the Transit Authority has the capacity and ability to arrange for repayment of such advance in accordance with section 303 of this Act. SEC. 303. The advance authorized under section 302(b) shall be repaid by the Transit Authority to the Urban Mass Transportation Administration of the Department of Transportation from contributions by the District of Columbia and other local government jurisdictions or from other non-Federal sources as may be available to the Transit Authority and which were not estimated to be available for financing the mass transit rail rapid system authorized by the National Capital Transportation Act of 1969. Eepayment of such advance may be deferred by the Secretary of Transportation, at the request of the Transit Authority, but not beyond the end of the fiscal year following the fiscal year in which the advance was made. Repayment shall be made with interest at a rate to be determined by the Secretary of the Treasury calculated in accordance with the formula set forth in section 3(c) of the Urban Mass Transportation Act of 1964. Principal and interest repaid pursuant to this section shall be credited to the Urban Mass Transportation Fund and shall be considered a restoration of obligational authority available to the Secretary under section 4 (c) of the Urban Mass Transportation Act of 1964.

103 Acquisition, temporary financ« ing advance.

78 Stat. 303; 84 Stat. 962. 49 USC 1602. 84 Stat. 965. 49 USC 1603. Repayment.

Repayment.

83 Stat. 320. D.e. eode 11441 note.

TITLE IV SEC. 401. (a) The United States District Court for the District of Columbia shall have complete and exclusive jurisdiction over any proceedings by the Transit Authority for the condemnation of property, wherever situated, of D.C. Transit System, Incorporated (including its subsidiary, the Washington, Virginia, and Maryland Coach Company), the Alexandria, Barcroft, and Washington Transit Company, and the W M A Transit Company. Such proceedings shall be instituted and maintained in accordance with the provisions of this section and the provisions of subchapter IV of chapter 13 of title 16, District of Columbia Code, except that the court may appoint a commission in accordance with rule 71A (h) of the Federal Rules of Civil Procedure in connection with the issue of compensation arising out of any such proceedings. (b) Any such condemnation proceedings shall be commenced by the Attorney General of the United States, upon the request of the Transit

Condemnation proceedings, jurisdiction.

77 Stat. 577. D.e. Code 161351. 28 USC app.

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text:
Page:United States Statutes at Large Volume 86.djvu/1046

 1004

Proceedings, transfer.

PUBLIC LAW 92-517-OCT. 21, 1972

[86 STAT.

Authority, by filing with the United States District Court for the District of Columbia a complaint and declaration of taking containing a description of the land and other assets to be taken, together with a sum of money deposited with the registrar of such court in accordance with the applicable provisions of law set forth in subsection (a) of this section. Upon such filing and deposit, title to the possession of the assets described in any such complaint and declaration of taking shall pass to the Transit Authority and the value of the assets so acquired shall be determined as of that date. (c) The trial of any such condemnation proceedings shall be a preferred cause and shall be commenced at the earliest date convenient to the court. (d) Any proceeding brought by the Transit Authority under this section against the Alexandria, Barcroft, and Washington Transit Company shall be transferred, upon motion made by such Transit Company, to the United States District Court for the Eastern District of Virginia, and such district court shall have, upon such transfer, complete and exclusive jurisdiction over such proceeding. Any action brought by the Transit Authority under this section against the WMA Transit Company, shall be transferred, upon motion made by the W M A Transit Company, to the United States District Court for the District of Maryland, and such district court shall have, upon such transfer, complete and exclusive jurisdiction over such proceeding. TITLE V AUDIT A N D REVIEW

SEC. 501. The Comptroller General of the United States shall have^ access to all books, records, papers, and accounts and operations of the Transit Authority, and any company with which the Transit Authority is conducting negotiations under this Act, and any company eligible to receive or receiving any funds authorized by this Act. The Comptroller General is authorized to inspect any facility or real or personal property of the Transit Authority or of such companies. TITLE VI ARLINGTON CEMETERY A N D S M I T H S O N I A N

Ante, p. 464. D.C. Code 11441 note.

Appropriation,

D.C. Code 11442.

STATIONS

SEC. 601. The National Capital Transportation Act of 1969, approved December 9, 1969 (83 Stat. 320) as amended, is hereby further amended by adding at the end thereof the following new section: "SEC. 13. (a) The Secretary of Transportation shall make payments to the Transit Authority in such amounts as may be requisitioned from time to time by the Transit Authority sufficient, in the aggregate, to finance the cost of designing, constructing, and equipping (1) a rail rapid transit station partially under Memorial Drive designed to serve the Arlington Cemetery with two entrances surfacing adjacent to the sidewalks north and south of Memorial Drive and east of Jefferson Davis Highway, and (2) an additional entrance in the vicinity of the northeast end of the Smithsonian Station surfacing on the Mall south of Adams Drive; except that the aggregate amount of such payments shall not exceed $7,385,000. " (b) There are authorized to be appropriated to the Secretary of Transportation, without fiscal year limitation, not to exceed $7,385,000 to carry out the purposes of this section. The appropriations authorized in this subsection shall not be subject to the provisions of this Act requiring contributions by the local governments and shall be in addition to the appropriations authorized by section 3(c) thereof." Approved October 21, 1972.

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text:
Page:United States Statutes at Large Volume 86.djvu/1047

 86 STAT. ]

PUBLIC LAW 92-518-OCT. 21, 1972

Public Law 92-518

- •

1005

•

AN ACT

October 21, 1972

To amend the District of Columbia Teachers' Salary Act of 1955 to increase salaries, to provide certain revisions in the retirement benefits of public school teachers, and for other purposes.

[H.R. 15965]

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

TITLE I — S A L A R Y I N C R E A S E S FOR DISTRICT OF COLUMBIA T E A C H E R S AND SCHOOL OFFICERS

D.C.

Teachers, salary increase.

SEC. 101. This title may be cited as the "District of Columbia 4^^"^*'°" °^ Teachers' Salary Act Amendments of 1972". SEC. 102. (a) Section 1 of the District of Columbia Teachers' Salary Act of 1955 (D.C. Code, sec. 31-1501) is amended to read as follows: e^ Stat. 521; "SECTION 1. The following is the salary schedule for teachers, school *"* ^'^'* ^^^' officers, and certain other employees of the Board of Education whose positions are covered under this Act:

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text:
Page:United States Statutes at Large Volume 86.djvu/1048

 O O ! •'"

"^

ON

' T E A C H E R S AND SCHOOL OFFICERS SALARY S C H E D U L E Service step— "Salary class and group Class lA Class IB Class 2A Class 2B Class 3 Class 4 Class 5: Group B, master's degree.. Group C, master's degree plus 30... Group D, doctor's Class 6: Group B, master's degree. Level IV principal Level III principalLevel II principal Level I principal Group C, master's degree plus 30 Level IV principal. Level III principal Level II principal Level I principal Group D, doctor's degree.. Level IV principal Level III principal. ^ Level II principaL Level I principal.. Class?: Group B, master's degree.. Group C, master's degree plus 30 Group D, doctor's Class 8: Group B, master's d ^ r e e.. Group C, master's degree plus 30 Group D, doctor's Class 9: Group B, master's degree.. Group C, master's degree plus 30 Group D, doctor's

10 39,600 35,000 33,000 31,000 23,745 20,846

24,310 21,335

24,876 21,826

26,440 22,315

26,005 22,805

26,670 23,296

27,136 23,785

27,700 24,275

28,266 24,765

19,665

20,135

20,605

21,075

21,545

22,016

22,486

22,956

23,425

20,086 20,500

20,556 20,970

21,026 21,440

21,496 21,910

21,966 22,380

22,435 22,860

22,905 23,320

23,376 23,790

23,845 24,260

19,110 19,110 18,560 18,010 17,465

19,565 19,665 19,016 18,465 17,910

20,020 20,020 19,470 18,920 18,366

20.475 20.476 19,926 19,376 18,820

20,930 20,930 20,380 19,830 19,275

21,386 21,386 20,835 20,286 19,730

21,840 21,840 21,290 20,740 20,185

22,296 22,295 21,745 21,195 20,640

22,750 22,760 22,200 21,650 21,095

19,630 19,630 18,975 18,426 17,876 19,945 19,945 19,396 18,840 18,290

19,985 19,986 19,430 18,880 18,330 20,400 20,400 19,850 19,295 18,746

20,440 20,440 19,885 19,335 18,786 20,865 20,865 20,306 19,750 19,200

20,895 20,895 20,340 19,790 19,240 21,310 21,310 20,760 20,205 IV, 656

21,350 21,360 20,795 20,245 19,695 21.765 21.766 21,215 20,660 20,110

21,805 21,805 21,260 20,700 20,150 22,220 22,220 21,670 21,115 20,565

22,260 22,260 21,705 21,165 20,605 22,676 22,676 22,125 21,670 21,020

22,716 22,715 22,160 21,610 21,060 23,130 23,130 22,580 22,025 21,475

23,170 23,170 22,615 22,066 21,615 23,585 23,586 23,035 22,480. 21,930

17,304

17,765

18,170

18,585

19,000

19,415

19,830

20,245

20,660

17,765 18,170

18,170 18,585

18,586 19,000

19,000 19,415

19,416 19,830

19,830 20,245

20,245 20,660

20,660 21,075

21,075. 21,490.

15,835

16,240

16,645

17,050

17,465

17,860

18,265

18,670

19,075.

16,256 16,670

16,660 17,076

17,065 17,480

17,470 17,885

17,875 18,290

18,280 18,696

18,685 19,100

19,090 19,505

19,495. 19,910.

15,685

16,070

16,455

16,840

17,225

17,610

17,995

18,330

18,766.

16,106 16,520

16,490 16,905

16,875 17,290

17,260 17,676

17,645 18,060

18,030 18,445

18,415 18,830

18,800 19,215

19,185. 19,600.

Longevity 13 step Y

a Dd r n r > VO

to

en

O n VO

to

00 ON H

>

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text:
Page:United States Statutes at Large Volume 86.djvu/1049

 "TEACHERS AND SCHOOL OFFICERS SALARY SCHEDULE—Continued

H Service step— "Salary class and group Class 10: Group B, master's degree... Group C, master's degree plus30 Group D, doctor's.Class 11: Group B, master's degree... Group C, master's degree plus 30 Group D, doctor's Class 12: Group B, master's degree... Group C, master's degree plus 30 Group D, doctor's Class 13: Group B, master's degree Group C, master's degree plus30 Group D, doctor's. Class 14: Group A, bachelor's degree. Group B, master's degree... Group C, master's degree plus30 Group D, doctor's Class 15: Group A, bachelor's degree. Group A-1, bachelor's degree plus 15 Group B, master's degree... Group C, master's degree plus30 Group D, master's degree plus 60 or doctor's

1

10

15,080

15,456

15,830

16,205

16,580

16,955

17,330

17, 705

16,875 16,290

16,250 16,665

16,625 17,040

17,000 17,415

17,375 17,790

17,750 18,165

18,125 18,540

18,500

14,625

14,985

15.345

15,705

16,085

16,425

16,785

17,145

15,045 15,460

16,405 15,820

15,765 16,180

16,125 16,540

16,485 16,900

16,845 17,260

17,206 17,620

17,566 17,980

17,925

14,125

14,470

14,815

15,160

15,505

15,850

16,195

16,540

18,340

14,540 14,960

14,885 15,305

15,230 15,650

15,576 15,995

16,920 16,340

16,266 16,685

16,610 17,030

16,955 17,375

16,885

12,925

13,340

13,775

14,170

14,585

16,000

15,415

15,830

13,345 13,760

13,760 14,176

14,175 14,590

14,690 15,005

15,005 16,420

16,420 15,836

15,836 16,250

16,250 16,665

9,900 10,730

10,335 11,165

10,770 11,600

11,205 12,035

11,640 12,470

12,076 12,905

12,510 13,340

12,946 13,775

11,150 11,665

11,585 12,000

12,020 12,435

12,455 12,870

12,890 13,305

13,325 13,760

13,760 14,175

14,195 14,610

8,350

8,685

9,020

9,366

9,690

10,026

10,445

10,865

8,770 9,190

9,105 9,610

9,440 10,030

9,776 10,450

10,110 10,870

10,445 11,290

10,865 11,810

>

18,080

15,500 16,915

12

• Longevity 13 step Y

n3

18,915

a r

17,505

17,300

vo b<3

17,720 16,245

I

16,665 17,080 13,380 14,210 14,630

13,815 14,645 15,065

14,250 16,080 15,500

14,685 15,615 16,935

16,120 16,960 16,370

15,045

16,480

15,915

16,360

16,786

11,285 12,330

11,285

11,705

12,125

12,545

12,965

13,966

12,125

12,545

12,965

13,385

14,800

n

9,610

10,030

10,450

10,870

11,290

11,710

12,230

12,750

11,705

10,030

10,450

10,870

11,290

11,710

12,130

12,650

13,170

12,850

13,370

13,890

14,410

14,930

16,300

13,270

13,790

14,310

14,830

15,360

16,730

13,690

14,210

14,730

16,250

15,770

ts3

17,270'

§

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text:
Page:United States Statutes at Large Volume 86.djvu/1050

 1008

PUBLIC LAW 92-518-OCT. 21, 1972

[86 STAT.

aduit"^ducauon^' (^) '^^^ schedule of pay rates contained in subsection (a) of secetc. ' tion 13 of such Act (D.C. Code, sec. 31-1542(a)) is amended to read 84 Stat. 363.

aS foUoWS I

,

.,

,

Per period "Classification Summer school (regular): Teicher, elementary and secondary schools; counselor, elementary and secondary schools; librarian, elementary and sacjndary schools; school social worker; speech correctionist; school psychologist .-. Psychiatric social worker VeteraiLS' summer school centers: Teacher Adult educilion schools: Teacher Assistant principal Principal Future pay i n c r e a s e s; effective date. Ante,

p. 1005.

83 Stat. 864. 5 USC 5316.

" P a y Board. 12 USC 1904 note.

Stepl

Step 2

$9.44 10.86 9.44

$7.39 8.50 7.39 8.13 11.38 12.60

Step 3

9.22 12.91 14.29

10.38 14.53 16.0^".

(c)(1)(A) Effective on the first day of the first pay period beginning on or after September 1, 1973, each rate of compensation in the salary schedule in section 1 of the District of Columbia Teachers' Salary Act of 1955 (D.C. Code, sec. 31-1501) in effect on the day next preceding such first day shall be increased by 5 per centum unless the Pay Board prescribes under subparagraph (B) an increase of less than 5 per centum, in which case each such rate of compensation shall be increased on such first day by the per centum increase so prescribed by the Pay Board. (B) Before the effective date of the compensation increase provided by this paragraph, the Pay Board shall determine whether an increase of 5 per centum in each rate of compensation in such salary schedule, effective as prescribed by subparagraph (A), meets the criteria established by the Pay Board for the stabilization of wages and salaries. If the Pay Board determines that such an increase does not meet such criteria, the Pay Board shall, in accordance with such criteria and subject to subparagraph (C), prescribe the per centum increase in each such rate of compensation to take effect as prescribed in subparagraph (A). (C) Notwithstanding the compensation increase provided by this paragraph, the rate of compensation for salary class l A in such salary schedule may not be increased under this paragraph to a rate of compensation in excess of the rate of basic pay in effect for level III of the Executive Schedule contained in subchapter II of chapter 53 of title 5, United States Code, on the effective date of the increase provided by this paragraph; and the rate of compensation for any other salary class in such salary schedule may not be increased under this paragraph to a rate of compensation in excess of the rate of basic pay in effect on such date for level V of such Executive Schedule. (D) Any increase under this paragraph in a rate of compensation shall be fixed to the nearest $5.00. (2) Effective on the effective date of the increase authorized by paragraph (1) of this subsection, each pay rate in the schedule in section 13(a) of the District of Columbia Teachers' Salary Act of 1955 (D.C. Code, sec. 31-1542(a)) in effect on the day next preceding such effective date shall be increased by the same percentage rate as the rates of compensation in the salary schedule in section 1 of such Act (other than the rate for salary class l A) are increased under paragraph (1). (3) For purposes of this subsection, the term "Pay Board" means the P a y Board established under section 7 of Executive Order 11640 of January 27, 1972 (37 Fed. Reg. 1213), or any other entity to which is transferred, or in which is vested, the functions of the Board established under such section.

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text:
Page:United States Statutes at Large Volume 86.djvu/1051

 86 STAT. ]

PUBLIC LAW 92-518-OCT. 21, 1972

1009

SEC. 103. The District of Columbia Teachers' Salary Act of 1955 is further amended as follows: (1)(A) The fourth sentence of section 2(a) of such Act (D.C. Code, sec. 31-1511 (a)) is amended to read as follows: "No teacher, school officer, or other employee shall be appointed or promoted to any position covered by section 1 of this Act on probationary or permanent status unless he possesses a master's degree, except that (1) a person possessing a bachelor's degree may be appointed on probationary or permanent status as a teacher in the elementary or secondary schools or as a coordinator of practical nursing; (2) a person possessing a bachelor's degree may be promoted to the position of census supervisor or coordinator of practical nursing; (3) a person not possessing a bachelor's degree may be appointed on probationary or permanent status as a— " (A) shop teacher in the vocational education program, " (B) teacher of military science and tactics, " (C) teacher of driver training, " (D) attendance officer, or " (E) child labor inspector, if he submits acceptable evidence of equivalent training and experience in accordance with the rules of the Board; and (4) a person not possessing a bachelor's degree may be appointed on a probationai^ or permanent status as a census supervisor, or promoted to that position, if he submits acceptable evidence of equivalent training and experience in accordance with the rules of the Board." (B) The fifth sentence of such section is repealed. (2) Section 4 of such Act (D.C. Code, sec. 31-1521) is amended to read as follows: "SEC. 4. (a) Each teacher, school officer, or other employee in the service of the Board of Education on the effective date of the District of Columbia Teachers' Salary Act Amendments of 1972 who occupies a position covered by this Act and listed in this subsection shall be placed in a salary class in the salary schedule contained in section 1 of this Act as follows: "Title

Superintendent Vice superintendent Deputy superintendent Associate superintendent Assistant superintendent Executive assistant to superintendent Director of curriculum Chief examiner Executive assistant (to deputy and associate superintendents) Director, career development ^ Director, vocational high schools Director, Spingam instructional unit Assistants to assistant superintendents Director, elementary education (supervision and instruction) Director, elementary education (administration) Director, health, physical education, athletics, and safety Assistants to superintendent, vice superintendent, and deputy superintendents Director, staff development Director, special education Director, elementary education (language arts) Principal Supervising director Assistant for Federal programs Research associate Planning associate Director, school attendance

Class

lA IB 2A 2B 3 3 4 5 5 5 5 5 6 6 6 6 6 6 6 6 6 7 7 7 7 7

Appointment and promotion requirements. 69 Stat. 523; 76 Stat. 1231. Ante, p. 1005.

Repeal. Salary c l a s s e s, assignment. 84 Stat. 362.

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Page:United States Statutes at Large Volume 86.djvu/1052

 1010

PUBLIC LAW 92-518-OCT. 21, 1972 "Title Director, elementary education Director, adult education Director, summer schools and continuing education Area coordinator Assistant principal Assistant director Director, group measurement Director, Project 400 Youth Act coordinator Assistant chief examiner Recruitment coordinator Budget analyst Assistant director Research associate Planning associate Assistant recruitment coordinator Elementary supervisor Coordinator (aides) Director of reading Coordinator of Widening Horizons program Teacher aide coordinator, title I Cultural enrichment coordinator Curriculum specialist Clinical psychologist Chief attendance officer Educational specialist Psychiatric social worker Clinical social worker Project coordinator Coordinator of practical nursing Census supervisor Teacher, elementary and secondary schools Attendance officer Counselor, placement Counselor, elementary and secondary schools Librarian, elementary and secondary schools School social worker School psychologist Speech therapist Hearing therapist Job coordinator Pupil personnel worker Child labor inspector

[86 STAT. Class 7 7 7 7 8 8 8 8 8 8 8 9 10 10 10 10 10 10 10 10 10 10 11 12 12 13 13 13 13 14 14 15 15 15 15 15 15 15 15 15 15 15 15.

" (b) The Board of Education, in accordance with sections 2(a) 'eg'star 525^* ^^^ ^ ^^^ ^-^ ^^^® ^^^'> shall place in a salary class in the salary schedule 72 Stat. 1009.' Contained in section 1 of this Act each teacher, school officer, or other ^^•c- Code 31- employee in the service of the Board of Education on the effective date Ante, p. 1005. of the District of Columbia Teachers' Salary Act Amendments of 1972 who occupies a position covered by this Act but not listed in subsection (a) of this section. "(c) The classifications prescribed by subsection (a) of this section of positions to salary classes in the salary schedule contained in section 1 of this Act do not affect the authority of the Board of Education under sections 2(a) and 5(b) of this Act to make adjustments in the classification of any position under the Board or to take any other action authorized by those sections." 80 Stat. 1598. (3) Section 5(c) of such Act (D.C. Code, sec. 31-1522(c)) is amended by striking out "5333(a)" and inserting in lieu thereof "5332(a)". (4) Section 7(a)(1) of such Act (D.C. Code, sec. 31-1532(a)(1)) is amended by— (A) striking out in the fourth sentence "except the positions of chief librarian and assistant professor, associate professor, and professor,";

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PUBLIC LAW 92-518-OCT. 21, 1972

(B) inserting immediately after the fourth sentence the following new sentence: " I n the case of a person who is newly appointed to any position in salary class 3,4, 5, or 6, who is determined by the Board of Education to possess unique or unusually high qualifications of special need to the school system, and whose annual salary immediately prior to such appointment was higher than the rate of compensation prescribed for service step 1 of his salary class, such person may, in the discretion of the Board of Education, have his compensation fixed at the rate of compensation prescribed for service step 2 or 3 of his salary class."; and (C) stf iking out the last sentence. (5) Section 10 of such Act (D.C. Code, sec. 31-1535) is amended by— (A) striking out in paragraph (1) of subsection (a) "date of the regular Board meeting" and inserting in lieu thereof "first day"; and (B) adding at the end thereof the following new subsection: "(c) Notwithstanding subsection (a) or any other provision of this or any other law, the Board of Education is authorized to correct on a retroactive basis any administrative error occurring in the application of subsection (a), " (6) Section 13 of such Act (D.C. Code, sec. 31-1542) is amended by— (A) striking out in the second sentence of paragraph (2) of subsection (d) "in the same manner as regular pay"; and (B) striking out in the third sentence of such paragraph " 8 1 " and inserting in lieu thereof "83". (7) Section 14 of such Act (D.C. Code, sec. 31-1543) is amended to read as follows: "SEC. 14. Except as otherwise provided in this section, each employee whose annual salary is prescribed by the salary schedule contained in section 1 of this Act shall have his annual salary paid in twenty-four semimonthly installments. Semimonthly installment payments of the salaries of such employees shall be made on the first and sixteenth days of the month (or as near those days as is practicable); except that in lieu of receiving on such days the first semimonthly installment payment of salary payable in August and the three succeeding semimonthly installment payments of salary, an employee in salary class 15 of such salary schedule may elect, under regulations prescribed by the Commissioner of the District of Columbia, to receive on the date of the second semimonthly installment payment of his salary in July an amount equal to the sum of (1) the amount of such payment, and (2) the amounts of the four succeeding semimonthly installment payments of salary payable to him." (8) Section 15 of such Act (D.C. Code, sec. 31-1544) is amended to read as follows: "SEC. 15. On and after September 1, 1972, the Act of March 5, 1952 (D.C. Code, secs. 31-698—698a) (relating to vacation periods and annual leave) shall apply to employees of the Board of Education whose salaries are fixed in salary classes 1 through 14, inclusive, of the salary schedule contained in section 1 of this Act." (9) Section 16 of such Act (D.C. Code, sec. 31-1545) is amended to read as follows: "SEC. 16. On and after September 1, 1972, the Act of October 13, 1949 (D.C. Code, sec. 31-691 et seq.) (relating to sick and emergency leave) shall apply to employees of the Board whose salaries are fixed in salary class 15 of the salary schedule contained in section 1 of this Act."

1011 80 Stat. 1599. D.C. Code 31-1532.

Promotions, effective date. 84 Stat. 363.

Extra duty activity, compensation. 84 Stat. 364. 80 Stat. 1601. Salary payments, employee election. 84 Stat. 364. Ante, p. 1005.

76 Stat. 1235.

66 Stat. 14; 67 Stat. 362.

69 Stat. 529; 76 Stat. 1235. 63 Stat. 842; 82 Stat. 140.

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 1012

PUBLIC LAW 92-518-OCT. 21, 1972

35 Stat. 291; 84 Stat. 3 6 4. Ante, p. 1005.

Ante, p. 1011.

84 Stat. 365.

Effective date.

[86

STAT.

SEC. 104. (a) The third paragraph under the paragraph beginning with the side heading " FOR ALLOWANCE TO PRINCIPALS:", under the center heading " P U B L I C SCHOOLS." in the first section of the Act of May 26, 1908 (D.C. Code, sec. 31-609) is amended to read as follows: "Effective September 1, 1972, in the case of an employee who is in salary class 15 of the salary schedule contained in section 1 of the District of Columbia Teachers' Salary Act of 1955 or any other employee of the Board of Education who is paid on a ten-month basis, if such employee'services commence with the opening of school and he performs his duties, his salary shall begin on the first day of September and shall be paid in twenty-four semimonthly installments (except as provided in section 14 of the District of Columbia Teachers' Salary Act of 1955). The first semimonthly installment payment of the salaries of such employees shall be made on the first day of October (or as near that day as is practicable) and the second semimonthly installment payment of such salaries shall be made on the sixteenth day of October (or as near that day as is practicable). Subsequent semimonthly installment payments of salaries shall be made on the first and sixteenth days of the month (or as near those days as is practicable). The salaries of other employees of the Board of Education in such salary class 15 shall begin when they enter upon their duties and shall be paid on a semimonthly basis." (b) The first sentence in the fourth paragraph under the paragraph beginning with the side heading " FOR ALLOWANCE TO PRINCIPALS:" under the center heading " P U B L I C S C H O O L S. " in the first section of such Act (D.C. Code, sec. 31-630), is amended to read as follows: "Effective September 1, 1972, the following rules for division of time and computation of pay for services rendered are established: Compensation of all employees in salary class 15 and such other employees who are paid on a ten-month basis shall be paid in twentyfour semimonthly installments (except as provided in section 14 of the District of Columbia Teachers' Salary Act of 1955)." SEC. 105. The effective date of this title (other than section 102(c) thereof) and the amendments made by this title shall be the first day of the first pay period beginning on or after September 1, 1972. TITLE II—REVISIONS IN RETIREMENT BENEFITS FOR SCHOOL T E A C H E R S AND OFFICERS

Annuity, computation. 66 Stat. 17; 81 Stat. 748.

Post,

p. 1013.

' SEC. 201. The Act entitled "An Act for the retirement of public school teachers in the District of Columbia", approved August 7, 1946, is amended as follows: (1) Paragraph (1) of section 5(b) of such Act (D.C. Code, sec. 3 1 725(b)(1)) is amended by striking out the first three sentences and inserting in lieu thereof the following: "A reduced annuity and an annuity after death payable to the surviving widow or widower of such teacher. The life annuity of a teacher making such election, or any portion of such annuity designated by the teacher in writing for such purposes at the time of retirement, shall be reduced by 2i/^ per centum of so much thereof as does not exceed $3,600 and by 10 per centum of so much thereof as exceeds $3,600. The widow or widower of a teacher making such election shall be entitled to an annuity equal to 55 per centum of such life annuity, or designated portion thereof, except that if a retired teacher who has elected a reduced annuity as provided in this paragraph or in subsection (d) of this section dies and is survived by a widow or widower whom he or she married after retirement, such widow or widower is entitled to an annuity in an amount which would have been paid had the teacher been married

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PUBLIC LAW 92-518-OCT. 21, 1972

to the widow or widower at the time of retirement, but only if (A) such widow or widower was married to such individual for at least two years immediately preceding the teacher's death, or is the mother or father of issue of such marriage, and (B) such widow or widower elects this annuity instead of any other suvivor benefit to which he or she may be entitled under this Act or another retirement system for employees of the Federal or District Government. The annuity of a widow or widower entitled to an annuity under this paragraph shall begin on the day after the retiree dies." (2) Section 5 of such Act (D.C. Code, sec. 31-725) is amended by adding at the end thereof the following new subsection: " (d) A teacher who is unmarried at the time of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to his spouse and who later marries, may irrevocably elect, m a signed writing filed with the Commissioner of the District of Columbia within one year after he or she marries, a reduction in his or her current annuity and an annuity after death payable to his or her surviving widow or widower as provided in paragraph (1) of subsection (b) of this section. The reduced annuity is effective the first day of the month after such election is received by the Commissioner. The election voids prospectively any election previously made under paragraph (2) or paragraph (3) of subsection (b) of this section." (3) The first paragraph of section 8 of such Act (D.C. Code, sec. 31-728) is amended by— (A) striking out in the first sentence "that the total credit granted for leaves of absence without pay shall not exceed one year: Provided further,'' and (B) inserting after the first sentence the following new sentence: "A teacher or former teacher who returns to duty after a eriod of separation is deemed, for the purpose of this section, to ave been in a leave of absence without pay for that part of the period in which he or she was receiving benefits under subchapter I of chapter 81 of title 5, United States Code, or any earlier statute on which such subchapter is based." (4) Section 9 of such Act (D.C. Code, sec. 31-729) is amended by— (A) striking out "dependent" in paragraph (1) of subsection (b) each place it appears therein; (B) amending the second sentence of j^aragraph (1) of subsection (b) to read as follows: "Such annuity and any right thereto shall terminate on the last day of the month before (A) the widow or widower dies, or (B) the widow or widower remarries before becoming sixty years of age."; (C) striking out m paragraph (3) of subsection (b) "dependent widower" and inserting in lieu thereof "widower"; and (D) striking out the second sentence of paragraph (5) of subsection (c). SEO. ii02. (a) Effective on the first day of the first pay period which begins on or after the date of enactment of this Act, such Act of August 7, 1946, is further amended as follows: (1) The first paragraph of section 8 of such Act (D.C. Code, sec. 31-728) is amended by striking out "probationary" in the first sentence and in clause (f) of the fourth sentence. (2) The first sentence of section 13 of such Act (D.C. Code, sec. 31-733) is amended by striking out "permanently". (b) The first sentence of section 19 of the District of Columbia Teachers' Salary Act of 1955 (D.C. Code, sec. 31-1548) is amended by striking out "probationary and permanent".

1013

Annuity computation. 66 Stat. 17; 84 Stat. 258.

Leaves of absence. 66 Stat. 19; 84 Stat. 257.

g

5 USC 8101. Survivor annuities. 84 Stat. 258.

71 Stat. 48.

69 Stat. 536. 60 Stat. 8 8 1. 69 Stat. 529.

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 1014 Transfer of funds.

Services t e p s, placement. 69 Stat. 527; 80 Stat. 1599.

80 Stat. 1427.

Ante, p. 1013.

Supra.

Effective dates. Ante, p. 1012.

PUBLIC LAW 92-518-OCT. 21, 1972

[86 STAT.

(c) All— (1) deductions for the Civil Service Retirement and Disability Fund made for annuity and retirement purposes from the salaries of temporary teachers on the rolls of the public schools of the District of Columbia on the first day of the first pay period which begins on or after the date of enactment of this Act, (2) contributions made for such purposes for such teachers by the government of the District of Columbia to the Fund on account of the deductions referred to in clause (1), and (3) deposits made in the Fund for such purposes by such teachers on account of their services as temporary teachers in such schools, are transferred from the F u n d to the credit of the District of Columbia Teachers' Retirement and Annuity Fund. Any teacher with respect to whom funds are transferred by this subsection shall be deemed to have consented and agreed to such transfer. The transfer of funds under this subsection shall be a complete discharge and acquittance of all claims and demands against the Civil Service Retirement and Disability Fund on account of services rendered by such a teacher prior to the first day of the first pay period which begins on or after the date of enactment of this Act. SEC. 203. (a) Section 7 of the District of Columbia Teachers'Salary Act of 1955 (D.C. Code, sec. 31-1532) is amended by adding at the en(i the following new subsection: " (d) Notwithstanding the provisions of subsection (a)(1) of this section, any educational employee who was employed by the Board of Education at the District of Columbia Teachers College and who was transferred to the Board of Higher Education pursuant to the authority conferred by section 103(a) (12) of the District of Columbia Public Education Act (D.C. Code, sec. 31-1603(a) (12)), and who wishes to be reappointed to a position under the Board of Education shall receive salary placement credit for the intervening years of service at the District of Columbia Teachers College as if he had had continuous service with the Board of Education if— '•(1) there is no break in service between the termination of employment by the Board of Higher Education and the reappointment by the Board of Education; and "(2) such service is credited to the District of Columbia Teachers' Retirement and Annuity Fund, either by deductions made for such retirement system or by the purchase of credit for such service for deposit in such fund." (b) Section 8 of the Act entitled "An Act for the retirement of public school teachers in the District of Columbia", approved August 3, 1946 (D.C. Code, sec. 31-728), is amended by adding the following new paragraph at the end thereof: "Notwithstanding the provisions of this section, any teacher who is entitled to purchase service credit under the provisions of section 7(d) of the District of Columbia Teachers' Salary Act of 1955 shall purchase such credit based on the salary received from the Board of Higher Education during the period of service to be credited." SEC. 204. (a) The provisions of the first and third sentences of section 5(b)(1) of the Act of August 7, 1946, as amended by section 201 (1) of this title, which entitle a widow or widower of a teacher who married the teacher after his retirement to a survivor annuity, shall not apply in the cases of teachers or annuitants who died before the date of enactment of this title. The rights of such persons shall continue in the same manner and to the same extent as if such amendments had not been enacted.

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1015

(b) The provisions of the second and third sentences of such section 5(b)(1), as amended by section 201(1) of this title, which authorize a teacher to designate that portion of his life annuity which may be subject to reduction for purposes of providing a survivor annuity, shall apply only to teachers retiring after the date of enactment of this title. (c) The amendment made by section '201 (2) of this title shall apply to a retired teacher who was unmarried at the time of retirement, but who later married, only if the election is made within one year after the date of enactment of this title. (d) The amendment made by section 201(3)(A) of this title shall apply only to teachers retiring after the date of enactment of this title. (e) The amendment made by section 201(3)(B) of this title is effective only with respect to annuity accruing for full months beginning after the date of enactment of this title; but any part of a period of separation referred to in such amendment in which the employee or former employee was receiving benefits under subchapter I of chapter 81 of title 5, United States Code, or any earlier statute on which such subchapter is based shall be counted whether the employee returns to duty before, on, or after such date of enactment. With respect to any person retired before such date of enactment, any such part of a period of separation shall be counted only with application of the former employee. (f) The amendments made by section 201(4) of this title shall not apply in the cases of teachers or annuitants who died before the date of enactment of this title. The right of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.

An<e, p. 1012.

./;»:.

TITLE III—AMENDMENTS INCREASING CERTAIN TAXES IN THE DISTRICT O F COLUMBIA SEC. 301. (a) Subsection (j) of section 6 of the District of Colum- Motor vehicle bia Traffic Act, 1925 (D.C. Code, sec. 40-603(j)), is amended by Ts^T'iia-. striking out "4 per centum" and inserting in lieu thereof "5 per 83 Stat. 172. centum". (b) The effective date of the amendment made by subsection (a) is Effective date, the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act. SEC. 302. (a) Subsection (a) of section 603 of the District of cigarette tax. Columbia Cigarette Tax Act (D.C. Code, sec. 47-2802(a)) is amended „ 63 stat 137; ••

•

.

.

.

\

/ /

by striking out "4 cents" and inserting in lieu thereof "6 cents". (b) The effective date of the amendment made by subsection (a) is the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act. (c)(1) The amendment made by subsection (a) shall apply with respect to cigarette tax stamps purchased on or after the effective date of the amendment. (2) I n the case of cigarette tax stamps which have been purchased prior to the effective date of the amendment made by subsection (a) and which on such date are held (affixed to a cigarette package or otherwise) by a wholesaler, retailer, or vending machine operator, licensed under the District of Columbia Cigarette Tax Act, such licensee shall pay to the Commissioner (in accordance with paragraph (3)) an amount equal to the difference between the amount of tax represented by such tax stamps on the date of their purchase and the amount of tax which an equal number of cigarette tax stamps would represent if purchased on the effective date of the amendment made by subsection (a).

go gtat

173

Effective date,

D.C. Code ^sStat. pe. 47-2801 note.

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 1016

Recordkeeping.

Penalty. 63 Stat 139; 84 Stat. 581 Utilities, taxes.

53 Stat. 1107; 70 Stat. 599. Effective date.

PUBLIC LAW 92-519-OCT. 21, 1972

[86

STAT.

(3) Within twenty days after the effective date of the amendment made by subsection (a), each such licensee (A) shall file with the Commissioner a sworn statement (on a form to be prescribed by the Commissioner) showing the number of such cigarette tax stamps held by him as of the beginning of the day on which the amendment made by subsection (a) becomes effective or, if such day is a Sunday, as of the beginning of the following day, and (B) shall pay to the Commissioner the amount specified in paragraph (2). (4) Each such licensee shall keep and preserve for the twelve-month period immediately following the effective date of the amendment made by subsection (a) the inventories and other records made which form the basis for the information furnished to the Commissioner on the sworn statement required to be filed under this subsection. (5) For purposes of this subsection, a tax stamp shall be considered as held by a wholesaler, retailer, or vending machine operator if title thereto has passed to such wholesaler, retailer, or operator (whether or not delivery to him has been made) and if title to such stamp has not at any time been transferred to any person other than such wholesaler, retailer, or operator. (6) A violation of the provisions of paragraph (2), (3), or (4) of this subsection shall be punishable as provided in section 611 of the District of Columbia Cigarette Tax Act (D.C. Code, sec. 47-2810). SEC. 303. (a) Paragraph numbered 5 of section 6 of the Act entitled "An Act making appropriations to provide for expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes", approved July 1, 1902 (D.C. Code, sec. 47-1701), is amended by striking out "4 per centum" and inserting in lieu thereof "5 per centum". (b) The amendment made by siibsection (a) shall apply to the gross receipts of each gas company, electric lighting company, and telephone company for the year ending June 30, 1972, and for each succeeding year ending on the thirtieth day of June. Approved October 21, 1972. Public Law 92-519

October 21, 1972 [8,4059]

District of Columbia Implied Consent Act. Definitions.

AN ACT To provide that any person operating a motor vehicle within the District of Columbia shall he deemed to have given his consent to a chemical test of his blood, breath, or urine, for the purpose of determining the blood alcohol content.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as used in this Act— (1) The term "Commissioner" means the Commissioner of the District, or his designated agent; (2) The term "District" means the District of Columbia; (3) The term "license" means any operator's permit or any other license or permit to operate a motor vehicle issued under the laws of the District, including— (A) any temporary or learner's permit; (B) the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and (C) any nonresident's operating privilege; (4) The term "nonresident" means every person who is not a resident of the District;

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1017

(5) The term "nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of the District relating to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in the District; and (6) The term "police officer" means an officer or member of the ISIetropolitan Police force, the United States P a r k Police force, or the Capitol Police force, or any other person actually and officially engaged in the performance of police duties in connection with guarding the property of the United States or of the District. (7) The term "specimen" means that quantity of a person's blood, breath, or urine necessary to conduct a chemical test or tests to determine blood alcoholic content. SEC. 2. (a) Any person, other than one described in subsection (b) ^ ^ra\o'rs^bioodof this section, who operates a motor vehicle within the District shall aicohoi content be deemed to have given his consent, subject to the provisions of this t^^ts. Act, to two chemical tests of his blood, breath, or urine, whichever he may elect, for the purpose of determining blood-alcohol content. However, when the election of a particular test, such as a blood test requiring a physician or registered nurse, causes unreasonable delay or inconvenience, the arresting officer or other appropriate law enforcement officer shall elect which chemical test should be administered. In such a case, the operator can only object to a particular test on valid religious or medical grounds. The tests shall be administered Administration. at the direction of a police officer who, having arrested such person for a violation of law, has reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within the District while under the influence of intoxicating liquor. (b) Any person who operates a motor vehicle within the District Accidents. of Columbia and who is involved in a motor vehicle collision or accident in which death or personal injury results shall submit, subject to the provisions of this Act, to two chemical te^ts of his blood, breath, or urine, for the purpose of determining blood alcoholic content whenever a police officer (i) arrests such person for a violation of law, and (ii) has reasonable grounds to believe such person to have been driving or in actual physical control of a motor vehicle within the District while under the influence of an intoxicating liquor. However, when the election of a particular test, such as a blood test requiring a physician or registered nurse, causes unreasonable delay or inconvenience, the arresting officer or other appropriate law enforcement officer shall elect which chemical test should be administered. In such a case, the operator can only object to a particular test on valid religious or medical grounds. SEC. 3. Only a physician or registered nurse acting at the request of a police officer may withdraw blood for the purpose of determining the alcoholic content thereof. This limitation shall not apply to the taking of a breath or urine specimen. The person tested may, in addition to submitting to the two tests administered at the direction of a police officer, also submit to a chemical test or tests administered to him by a physician, registered nurse, or other person of his own choosing who IS qualified to administer such test or tests. The failure or inability to obtain an additional test by a person shall not preclude the admission of the tests taken at the direction of a police officer. Test informaSEC. 4. Full information concerning the tests administered under tion, availability. this Act shall be made available to the person from whom a specimen was obtained. Prior to administering the tests the police officer shall advise the operator of the motor vehicle about the requirements of this Act.

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 1018 Test refusal, penalty.

Incapacitated persons.

L i c e n s e revocation or denial order. Hearing.

Judicial review.

84 Stat. 582. Test e v i d e n c e.

Short title.

PUBLIC LAW 92-519-OCT. 21, 1972

[86 STAT.

SEC. '5. (a) If a person under arrest refuses to submit to chemical testing as provided in section 2(a) he shall be informed that failure to submit to such test will result in the revocation of his license. If such person, after having been so informed, still refuses to submit to chemical testing, no test shall be given, but the Commissioner, upon receipt of a sworn report of the police officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor, and that the person had refused to submit to the two tests, shall revoke his license for a period of six months; or if the person is a resident without a license to operate a motor vehicle in the District, the Commissioner shall deny to the person the issuance of a license for a period of six months after the date of the alleged violation, subject to review as hereinafter provided. (b) Any person who is unconscious, or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by section 2 of this Act and the two tests may be given: except, that if such person thereafter objects to the use of the evidence so secured, such evidence shall not be used and the license of such person shall be revoked, or, if he is a resident without a license, no license shall be issued to him for a period of six months. SEC. 6. (a) Whenever any license has been revoked or denied under the provisions of this Act, the reasons therefor shall be set forth in the order of revocation or denial, as the case may be. Such order shall take effect five days after service of notice on the person whose license is to be revoked or who is to be denied a license unless such person shall have filed within such period written application with the Commissioner for a hearing. Such hearing by the Commissioner shall cover the issues of— (1) whether a police officer had reasonable grounds to believe such person had been driving or was in actual control of a motor vehicle upon the public street or highway while under the influence of intoxicating liquor; and (2) whether such person, having been placed under arrest, refused to submit to the test or tests, after having been informed of the consequences of such refusal. (b) If, following the hearing provided in subsection (a) of this section, the Commissioner shall sustain the order of revocation, the same shall become effective immediately. SEC. 7. Any person aggrieved hj a final order of the Commissioner revoking his license or denying him a license under the authority of this Act, may obtain a review thereof in accordance with section 11 of the District of Columbia Administrative Procedure Act (82 Stat. 1204; D.C. Code, secs. 1-1501 to 1-1510). SEC. 8. The Act approved March 4, 1958 (72 Stat. 30; D.C. Code, sec. 40-609a) is amended (a) by striking out the subsection designation "a" in the first section; (b) by striking out in paragraph (2) "fifteen one-hundredths", "eight one-hundredths", and "twenty onehundredths", and inserting in lieu thereof "ten one-hundredths", "six one-hundredths", and "eleven one-hundredths", respectively; (c) by striking out in paragraph (3) "fifteen one-hundredths" and "twenty one-hundredths" and inserting in lieu thereof "ten one-hundredths" and "eleven one-hundredths" respectively; and (d) by striking out subsections (b), (c), and (d) of the first section, and section 2. SEC. 9. This Act shall be known and may be cited as the "District of Columbia Implied Consent Act". Approved October 21, 1972.

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