text:
Page:United States Statutes at Large Volume 78.djvu/610

 568

Post, p. 579. Exemptions.

Termination of registration.

Definition.

Ante, p. 566. 15 USC 78l.

Post, pp. 569, 574, 579.

PUBLIC LAW 88-467-AUG. 20, 1964

[78 STAT.

other officer or agency performing a similar function) of its domiciliary State, and such annual statement conforms to that prescribed by the National Association of Insurance Commissioners or in the determination of such State commissioner, officer or agency substantially conforms to that so prescribed. "(ii) Such insurance company is subject to regulation by its domiciliary State of proxies, consents, or authorizations in respect of securities issued by such company and such regulation conforms to that prescribed by the National Association of Insurance Commissioners. "(iii) After July 1, 1966, the purchase and sales of securities issued by such insurance company by beneficial owners, directors, or officers of such company are subject to regulation (including reporting) by its domiciliary State substantially in the manner provided in section 16 of this title. "(3) The Commission may by rules or regulations or, on its own motion, after notice and opportunity for hearing, by order, exempt from this subsection any security of a foreign issuer, including any certificate of deposit for such a security, if the Commission finds that such exemption is in the public interest and is consistent with the protection of investors. " (4) Registration of any class of security pursuant to this subsection shall be terminated ninety days, or such shorter period as the Commission may determine, after the issuer files a certification with the Commission that the number of holders of record of such class of security is reduced to less than three hundred persons. The Commission shall after notice and opportunity for hearing deny termination of registration if it finds that the certification is untrue. Termination of registration shall be deferred pending final determination on the question of denial. "(5) For the purposes of this subsection the term 'class' shall include all securities of an issuer which are of substantially similar character and the holders of which enjoy substantially similar rights and privileges. The Commission may for the purpose of this subsection define by rules and regulations the terms 'total assets' and 'held of record' as it deems necessary or appropriate in the public interest or for the protection of investors in order to prevent circumvention of the provisions of this subsection." (d) Section 12 of said Act is further amended by adding thereto the following new subsection: " (h) The Commission may by rules and regulations, or upon application of an interested person, by order, after notice and opportunity for hearing, exempt in whole or in part any issuer or class of issuers from the provisions of subsection (g) of this section or from section 13, 14, or 15(d) or may exempt from section 16 any officer, director, or beneficial owner of securities of any issuer, any security of which is required to be registered pursuant to subsection (g) hereof, upon such terms and conditions and for such period as it deems necessary or appropriate, if the Commission finds, by reason of the number of public investors, amount of trading interest in the securities, the nature and extent of the activities of the issuer, income or assets of the issuer, or otherwise, that such action is not inconsistent with the public interest or the protection of investors. The Commission may, for the purposes of any of the above-mentioned sections or subsections of this title, classify issuers and prescribe requirements appropriate for each such class." (e) Section 12 of said Act is further amended by adding thereto the following new subsection:

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text:
Page:United States Statutes at Large Volume 78.djvu/611

 78 STAT. ]

PUBLIC LAW 88-467-AUG. 20, 1964

569

" (i) I n respect of any securities issued by banks the deposits of which are insured in accordance with the Federal Deposit Insurance Act, the powers, functions, and duties vested in the Commission under ^^^ y|J; J^^^ this title to administer and enforce sections 12, 13, 14(a), 14(c), and note. 16 (1) with respect to national banks and banks operating under the c,^*'f^i^^' os^" Code of Law for the District of Columbia are vested in the Comptroller pp. '570, IVg."' of the Currency, (2) with respect to all other member banks of the Federal Reserve System are vested in the Board of Governors of the Federal Reserve System, and (3) with respect to all other insured banks are vested in the Federal Deposit Insurance Corporation. The Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation shall have power to make such rules and regulations as may be necessary for the execution of the functions vested in them as provided in this subsection and none of the rules, regulations, forms or orders issued or adopted by the Commission pursuant to this title shall be in any way binding upon such officers and agencies in the performance of such functions, or upon any such banks in connection with the performance of such functions." SEC. 4. Section 13(a) of the Securities Exchange Act of 1934 is "^^l^i^H;^^^ amended to read as follows: 15 USC 78m! "SEC. 13. (a) Every issuer of a security registered pursuant to section 12 of this title shall file wath the Commission, in accordance with such rules and regulations as the Commission may prescribe as necessary or appropriate for the proper protection of investors and to insure fair dealing in the security— " (1) such mformation and documents (and such copies thereof) as the Commission shall require to keep reasonably current the information and documents required to be included in or filed with an application or registration statement filed pursuant to section 12, except that the Commission may not require the filing of any material contract wholly executed before July 1, 1962. "(2) such annual reports (and such copies thereof), certified if required by the rules and regulations of the Commission by independent public accountants, and such quarterly reports (and such copies thereof), as the Commission may prescribe. Every issuer of a security registered on a national securities exchange shall also file a duplicate original of such information, documents, and reports with the exchange." SEC. 5. (a) Section 14(a) of the Securities Exchange Act of 1934 proxies, is amended to read as follows: ^^ ^^^ ^^"' "SEC. 14. (a) I t shall be unlawful for any person, by the use of the mails or by any means or instrumentality of interstate commerce or of any facility of a national securities exchange or otherwise, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors, to solicit or to permit the use of his name to solicit any proxy or consent or authorization in respect of any security (other than an exempted security) registered pursuant to section 12 of this title." (b) Section 14(b) of said Act is amended to read as follows: " (b) I t shall be unlawful for any member of a national securities exchange, or any broker or dealer registered under this title, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors, to give, or to refrain from giving a proxy, consent, or authorization in respect of any security registered pursuant to section 12 of this title and carried for the account of a customer."

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


text:
Page:United States Statutes at Large Volume 78.djvu/612

 570 Ante, p. 569.

Ante, pp. 565569.

Over-the-counter markets. 49 Stat. 1377. 15 USC 78o.

Brokers, registrations.

PUBLIC LAW 88-467-AUG. 20, 1964

[78 STAT.

(c) Section 14 of said Act is further amended by adding thereto the following new subsection: "(c) Unless proxies, consents, or authorizations in respect of a security registered pursuant to section 12 of this title are solicitied by or on behalf of the management of the issuer from the holders of record of such security in accordance with the rules and regulations prescribed under subsection (a) of this section, prior to any annual or other meeting of the holders of such security, such issuer shall, in accordance with rules and regulations prescribed by the Commission, file with the Commission and transmit to all holders of record of such security information substantially equivalent to the information which would be required to be transmitted if a solicitation were made, but no information shall be required to be filed or transmitted pursuant to this subsection before July 1, 1964." SEC. 6. (a) Section 15(a) of the Securities Exchange Act of 1934 is amended to read as follows: "SEC. 15. (a)(1) No broker or dealer (other than one whose business is exclusively intrastate) shall make use of the mails or of any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security (other than an exempted security or commercial paper, bankers' acceptances, or commercial bills) otherwise than on a national securities exchange, unless such broker or dealer is registered in accordance with subsection (b) of this section. "(2) The Commission may by such rules and regulations or orders as it deems necessary or appropriate in the public interest or for the protection of investors, either unconditionally or upon specified terms and conditions or for specified periods, exempt from paragraph (1) of this subsection any broker or dealer or class of brokers or dealers specified in such rules, regulations, or orders." (b) Section 15(b) of said Act is amended to read as follows: "(b)(1) A broker or dealer may be registered for the purposes of this section by filing with the Commission an application for registration, which shall contain such information in such detail as to such broker or dealer and any persons associated with such broker or dealer as the Commission may by rules and regulations require as necessary or appropriate in the public interest or for the protection of investors. Except as hereinafter provided, such registration shall become effective thirty days after the receipt of such application by the Commission or within such shorter period of time as the Commission may determine. "(2) An application for registration of a broker or dealer to be formed or organized may be made by a broker or dealer to which the broker or dealer to be formed or organized is to be the successor. Such application shall contain such information in such detail as to the applicant and as to the successor and any person associated with the applicant or the successor, as the Commission may by rules and regulations require as necessary or appropriate in the public interest or for the protection of investors. Except as hereinafter provided, such registration shall become effective thirty days after the receipt of such application by the Commission or within such shorter period of time as the Commission may determine. Such registration shall terminate on the forty-fifth day after the effective date thereof, unless prior thereto the successor shall, in accordance with such rules and regulations as the Commission may prescribe, adopt such application as its own. "(3) If any amendment to any application for registration pursuant to this subsection is filed prior to the effective date of the registration, such amendment shall be deemed to have been filed simultaneously with and as part of such application; except that the Commission may,

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text:
Page:United States Statutes at Large Volume 78.djvu/613

 78 STAT. ]

PUBLIC LAW 88-467-AUG. 20, 1964

if it appears necessary or appropriate in the public interest or for the protection of investors, defer the effective date of any such registration as thus amended until the thirtieth day after the filing of such iimendment. "(4) Any provision of this title (other than section 5 and subsection (a) of this section) which prohibits any act, practice, or course of business if the mails or any means or instrumentality of interstate commerce are used in connection therewith shall also prohibit any such act, practice, or course of business by any broker or dealer registered pursuant to this subsection or any person acting on behalf of such a broker or dealer, irrespective of any use of the mails or any means or instrumentality of interstate commerce in connection therewith. "(5) The Commission shall, after appropriate notice and opportunity for hearing, by order censure, deny registration to, suspend for a period not exceeding twelve months, or revoke the registration of, any broker or dealer if it finds that such censure, denial, suspension, or revocation is in the public interest and that such broker or dealer, whether prior or subsequent to becoming such, or any person associated with such broker or dealer, whether prior or subsequent to becoming so associated— " (A) has willfully made or caused to be made in any application for registration or report required to be filed with the Commission under this title, or in any proceeding before the Commission with respect to registration, any statement which was at the time and in the light of the circumstances under which it was made false or misleading with respect to any material fact, or has omitted to state in any such application or report any material fact which is required to be stated therein. " (B) has been comvicted within ten years preceding the filing of the application or at any time thereafter of any felony or misdemeanor which the Commission finds— "(i) involves the purchase or sale of any security. " (ii) arises out of the conduct of the business of a broker, dealer, or investment adviser. "(iii) involves embezzlement, fraudulent conversion, or misappropriation of funds or securities. "(iv) involves the violation of section 1341, 1342, or 1343 of title 18, United States Code. " (C) is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction from acting as an investment adviser, underwriter, broker, or dealer, or as an affiliated person or employee of any investment company, bank, or insurance company, or from engaging in or continuing any conduct or practice in connection with any such activity, or in connection with the purchase or sale of any security. " (D) has willfully violated any provision of the Securities Act of 1933, or of the Investment Advisers Act of 1940, or of the Investment Company Act of 1940, or of this title, or of any rule or regulation under any of such statutes. " (E) has willfully aided, abetted, counseled, commanded, induced, or procured the violation by any other person of the Securities Act of 1933, or the Investment Advisers Act of 1940, or the Investment Company Act of 1940, or of this title, or of any rule or regulation under any of such statutes or has failed reasonably to supervise, with a view to preventing violations of such statutes, rules, and regulations, another person who commits such a violation, if such other person is subject to his supervision. For the purposes of this clause (E) no person shall b© deemed to have failed reasonably to supervise any pereon, if—

571

48 Stat. 885. 15 USC 78e.

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text:
Page:United States Statutes at Large Volume 78.djvu/614

 572

PUBLIC LAW 88-467-AUG. 20, 1964

[78 STAT.

"(i) there have been established procedures, and a system for applying such procedures, which would reasonably be expected to prevent and detect, insofar as practicable, any such violation by such other person, and "(ii) such person has reasonably discharged the duties and obligations incumbent upon him by reason of such procedures and system without reasonable cause to believe that such procedures and system were not being complied with. " (F) is subject to an order of the Commission entered pursuant to paragraph (7) of this subsection (b) barring or suspending the right of such person to be associated with a broker or dealer", which order is in effect with respect to such person. Postponement of ^^ (Q) Pending final determination whether any registration under rag s ra on. ^j^j^ subsection shall be denied, the Commission may by order postpone the effective date of such registration for a period not to exceed fifteen days, but if, after appropriate notice and opportunity for hearing (which may consist solely of affidavits and oral arguments), it shall appear to the Commission to be necessary or appropriate in the public interest or for the protection of investors to postpone the effective date of such registration until final determination, the Commission shall so order. Pending final determination whether any such registration shall be revok^^, the Commission shall by order suspend such registration if, after appropriate notice and opportunity for hearing, such suspension shall appear to the Commission to be necessary or appropriate in the public interest or for the protection of investors. Any registered broker or dealer may, upon such terms and conditions as the Commission may deem necessary in the public interest or for the protection of investors, withdraw from registration by filing a written notice of withdrawal with the Commission. If the Commission finds that any registered broker or dealer, or any broker or dealer for whom an application for registration is pending, is no longer in existence or has ceased to do business as a broker or dealer, the Commission shall by order cancel the registration or application of such broker or dealer. "(7) The Commission may, after appropriate notice and opportunity for hearing, by order censure any person, or bar or suspend for a period not exceeding twelve months any person from being associated with a broker or dealer, if the Commission finds that such censure, barring, or suspension is in the public interest and that such person has committed or omitted any act or omission enumerated in clause (A), (D) or (E) of paragraph (5) of this subsection or has been convicted of any offense specified in clause (B) of said paragraph (5) within ten years of the commencement of the proceedings under this paragraph or is enjoined from any action, conduct, or practice specified m clause (C) of said paragraph (5). I t shall be-unlawful for any person as to whom such an order barring or suspending him from being associated with a broker or dealer is m effect, willfully to become, or to be, associated with a broker or dealer, without the consent of the Commission, and it shall be unlawful for any broker or dealer to permit such a person to become, or remain, a person associated with him, without the consent of the Commission, if such broker or dealer knew, or in the exercise of reasonable care, should have known, of such order. "(8) No broker or dealer registered under section 15 of this title shall, during any period when it is not a member of a securities assoPoat, pp. 574ciation registered with the Commission under section 15A of this title, 579 effect any transaction in, or induce the purchase or sale of, any security (otherwise than on a national securities exchange) unless such broker or dealer and all natural persons associated with such broker or dealer

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text:
Page:United States Statutes at Large Volume 78.djvu/615

 78 STAT. ]

PUBLIC LAW 88-467-AUG. 20, 1964

573

meet such specified and appropriate standards with respect to training, experience, and such other qualifications as the Commission finds necessary or desirable. The Commission shall establish such standards by rules and regulations, which may— " (A) appropriately classify brokers and dealers and persons associated with brokers and dealers (taking into account relevant matters, including types of business done and nature of securities sold). " (B) specify that all or any portion of such standards shall be applicable to any such class. " (C) require persons in any such class to pass examinations prescribed in accordance with such rules and regulations. " (D) provide that persons in any such class other than a broker or a dealer and partners, officers, and supervisory employees (which latter term may be defined by the Commission's rules and regulations and as so defined shall include branch managers of brokers or dealers) of brokers or dealers, may be qualified solely on the basis of compliance with such specified standards of training and such other qualifications as the Commission finds appropriate. The Commission may prescribe by rules and regulations reasonable fees and charges to defray its costs in carrying out this paragraph, including, but not limited to, fees for any examination administered by it, or under its direction. The Commission may cooperate with securities associations registered under section ISA of this title and 57^°^^' ^^' ^^^' with national securities exchanges in administering examinations and may require brokers and dealers subject to this paragraph and persons associated with such brokers and dealers to pass examinations administered by or on behalf of any such association or exchange and to pay to such association or exchange reasonable fees or charges to defray the costfe incurred by such association or exchange in administering such examinations. "(9) In addition to the fees and charges authorized by paragraph (8), each broker or dealer registered under section 15 of this title not a member of a securities association registered pursuant to section ] 5A of this title shall pay to the Commission such reasonable fees and charges as may be necessary to defray the costs of additional regulatory duties required to be performed by the Commission because such broker or dealer is not a member of such a securities association. The Commission shall establish such fees and charges by rules and regulations. "(10) No broker or dealer subject to paragraph (8) of this subsection shall effect any transaction in, or induce the purchase or sale of, any security (otherwise than on a national securities exchange) in contravention of such rules and regulations as the Commission may prescribe designed to promote just and equitable principles of trade, to provide safeguards against unreasonable profits or unreasonable rates of commissions or other charges, and in general, to protect investors and the public interest, and to remove impediments to and perfect the mechanism of a free and open market." (c) Section 15(c) of said Act is amended by adding at the end " f,«^A%^°J^ 15 s e °" thereof the following new paragraphs: '" u''^'" 78o. "(4) If the Commission finds, after notice and opportunity for hearing, that any person subject to the provisions of section 12, 13, or Ante, pp. subsection (d) of section 15 of this title or any rule or regulation there- 569; Post, p.565574. under has failed to comply with any such provision, rule, or regulation in any material respect, the Commission may publish its findings and issue an order requiring such person to comply with such provision or such rule or regulation thereunder upon such terms and conditions and within such time as the Commission may specify in such order.

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text:
Page:United States Statutes at Large Volume 78.djvu/616

 574

49 Stat. 1379. 15 USC 78o.

48 Stat. 74; 68 Stat. 683. 15 USC 77a-77z.

Ante, pp. 565569.

Definition.

National securities associations. Registration requirements. 52 Stat. 1070. 15 USC 780-3.

PUBLIC LAW 88-467-AUG. 20, 1964

[78 STAT.

"(5) If in its opinion the public interest and the protection of investors so require, the Commission is authorized summarily to suspend trading, otherwise than on a national securities exchange, in any security (other than an exempted security) for a period not exceeding ten days. No broker or dealer shall make use of the mails or of any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security in which trading is so suspended." (d) Section 15(d) of said Act is amended to read as follows: " (d) Each issuer which has filed a registration statement containing an undertaking which is or becomes operative under this subsection as in effect prior to the date of enactment of the Securities Acts Amendments of 1964, and each issuer which shall after such date file a registration statement which has become effective pursuant to the Securities Act of 1933, as amended, shall file with the Commission, in accordance with such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors, such supplementary and periodic information, documents, and reports as may be required pursuant to section 13 of this title in respect of a security registered pursuant to section 12 of this title. The duty to file under this subsection shall be automatically suspended if and so long as any issue of securities of such issuer is registered pursuant to section 12 of this title. The duty to file under this subsection shall also be automatically suspended as to any fiscal year, other than the fiscal year within which such registration statement became effective, if, at the beginning of such fiscal year, the securities of each class to which the registration statement relates are held of record by less than three hundred persons. For the purposes of this subsection, the term 'class' shall be construed to include all securities of an issuer which are of substantially similar character and the holder's of which enjoy substantially similar rights and privileges. Nothing in this subsection shall apply to securities issued by a foreign government or political subdivision thereof." SEC. 7. (a) Section 15A(b) of the Securities Exchange Act of 1934 is amended as follows: (1) The semicolons at the end of paragraphs (1) through (8) are stricken out and periods are inserted in lieu thereof. (2) Paragraph (3) thereof is amended to read as follows: "(3) the rules of the association provide that any broker or dealer who makes use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security otherwise than on a national securities exchange, may become a member of such association, except such as are excluded pursuant to paragraph (4) or (5) of this subsection, or a rule of the association permitted under this paragraph. The rules of the association may restrict membership in such association on such specified geographical basis, or on such specified basis relating to the type of business done by its members, or on such other specified and appropriate basis, as appears to the Commission to be necessary or appropriate in the public interest or for the protection of investors and to carry out the purpose of this section. Rules adopted by the association may provide that the association may, unless the Commission directs otherwise in cases in which the Commission finds it appropriate in the public interest so to direct, deny admission to or refuse to continue in such association any broker or dealer if— " (A) such broker or dealer, whether prior or subsequent to becoming such, or

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text:
Page:United States Statutes at Large Volume 78.djvu/617

 78 STAT. ]

PUBLIC LAW 88-467-AUG. 20, 1964

575

" (B) any person associated with such broker or dealer, whether prior or subsequent to becoming so associated, has been and is suspended or expelled from a national securities exchange or has been and is barred or suspended from being associated with all members of such exchange, for violation of any rule of such exchange.". (3) Paragraph (4) thereof is amended to read as follows: "(4) the rules of the association provide that, except with the approval or at the direction of the Commission in cases in which the Commission finds it appropriate in the public interest so to approve or direct, no broker or dealer shall be admitted to or continued in membership in such association, if such broker or dealer— " (A) has been and is suspended or expelled from a registered securities association (whether national or affiliated) or from a national securities exchange or has been and is barred or suspended from being associated with all members of such association or from being associated with all brokers or dealers which are members of such exchange, for violation of any rule of such association or exchange which prohibits any act or transaction constituting conduct inconsistent with just and equitable principles of trade, or requires any act the omission of which constitutes conduct inconsistent with just and equitable principles of trade. " (B) is subject to an order of the Commission denying, suspending for a period not exceeding twelve months, or revoking his registration pursuant to section 15 of this title, ^,'^"'^' ^^' ^^°" or expelling or suspending him from membership in a regis- 574. tered securities association or a national securities exchange, or barring or suspending him from being associated with a broker or dealer. " (C) whether prior or subsequent to becoming a broker or dealer, by his conduct while associated with a broker or dealer, was a cause of any suspension, expulsion, or order of the character described in clause (A) or (B) which is in effect with respect to such broker or dealer, and in entering such a suspension, expulsion, or order, the Commission or any such exchange or association shall have jurisdiction to determine whether or not any person was a cause thereof. " (D) has associated with him any person who is known, or in the exercise of reasonable care should be known, to him to be a person who, if such person were a broker or dealer, would be ineligible for admission to or continuance in membership under clause (A), (B), or (C) of this paragraph." (4) Paragraphs (5) through (10) thereof are redesignated as paragraphs (6) through (11), respectively, and a new paragraph (5) is added to read as follows: "(5) the rules of the association provide that, except with the approval or at the direction of the Commission in cases in which the Commission finds it appropriate in the public interest so to approve or direct, no person shall become a member and no natural person shall become a person associated with a member, unless such person is qualified to become a member or a person associated with a member in conformity with specified and appropriate standards with respect to the training, experience, and such other qualifications of such person as the association finds necessary or desirable, and in the case of a member, the financial responsibility of such member. For the purpose of defining such standards and the application thereof, such rules may—

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text:
Page:United States Statutes at Large Volume 78.djvu/618

 576

48 Stat. 904. 15 Tier' •7otf 1 c u s e 78ff.

PUBLIC LAW 88-467-AUG. 20, 1964

[78 STAT.

" (A) appropriately classify prospective members (taking into account relevant matters, including type of business done and nature of securities sold) and persons proposed to be associated with members. " (B) specify that all or any portion of such standards shall be applicable to any such class. " (C) require persons in any such class to pass examinations prescribed in accordance with such rules. " (D) provide that persons in any such class other than prospective members and partners, officers and supervisory employees (which latter term may be defined by such rules and as so defined shall include branch managers of members) of members, may be qualified solely on the basis of compliance with specified standards of training and such other qualifications as the association finds appropriate. " (E) provide that applications to become a member or a person associated with a member shall set forth such facts as the association may prescribe as to the training, experience, and other qualifications (including, in the case of an appilicant for membership, financial responsibility) of the applicant and that the association may adopt procedures for verification of qualifications of the applicant. " (F) require any class of persons associated with a member to be registered with the association in accordance with procedures specified by such rules (and any application or document supplemental thereto required by such rules of a person seeking to be registered with such association shall, foj. the Durposcs of subsection (a) of section 32 of this title,.

1

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be deemed an application required to be tiled under this title)." (5) Redesignated paragraph (9) is amended to read as follows: "(9) the rules of the association provide that its members and persons associated with its members shall be appropriately disciplined, by expulsion, suspension, fine, censure, or being suspended or barred from being associated with all members, or any other fitting penalty, for any violation of its rules.". (6) Redesignated paragraph (10) is amended to read as follows: "(10) the rules of the association provide a fair and orderly procedure with respect to the disciplining of members and persons associated with members and the denial of membership to any broker or dealer seeking membership therein or the barring of any person from being associated with a member. I n any proceeding to determine whether any member or other person shall be disciplined, such rules shall require that specific charges be brought; that such member or person shall be notified of, and be given an opportunity to defend against, such charges; that a record shall be kept; and that the determination shall include— " (A) a statement setting forth any act or practice in which such member or other person may be found to have engaged, or which such member or other person may be found to have omitted. " (B) a statement setting forth the specific rule or rules of the association of which any such act or practice, or omission to act, is deemed to be in violation. " (C) a statement whether the acts or practices prohibited by such rule or rules, or the omission of any act required thereby, are deemed to constitute conduct inconsistent with just and equitable principles of trade. " (D) a statement setting forth the penalty imposed.

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text:
Page:United States Statutes at Large Volume 78.djvu/619

 78 STAT. ]

PUBLIC LAW 88-467-AUG. 20, 1964

577

In any proceeding to determine whether a broker or dealer shall be denied membership or whether any person shall be barred from being associated with a member, such rules shall provide that the broker or dealer or person shall be notified of, and be given an opportunity to be heard upon, the specific grounds for denial or bar which are under consideration; that a record shall be kept; and that the determination shall set forth the specific grounds upon which the denial or bar is based,". (7) Section 15A(b) of said Act is further amended by adding at fs usc'rso-a, the end thereof the following: "(12) the rules of the association include provisions governing the form and content of quotations relating to securities sold otherwise than on a national securities exchange which may be disseminated by any member or any person associated with a member, and the persons to whom such quotations may be supplied. Such rules relating to quotations shall be designed to produce fair and informative quotations, both at the wholesale and retail level, to prevent fictitious or misleading quotations, and to promote orderly procedures for collecting and publishing quotations. The provisions of this subsection, as in effect prior to the date of enactment of the Securities Acts Amendments of 1964, shall be applicable to the rules of any registered securities association which was registered on such date until July 1, 1964. After July 1, 1964, the Commission may, after notice and opportunity for hearing, suspend the registration of any such association if it finds that the rules thereof do not conform to the requirements of this subsection, as amended by section 7 of the Securities Acts Amendments of 1964, and any such suspension shall remain in effect until the Commission issues an order determining that such rules have been modified to conform with such requirements." (b) Section 15A(d)(2) is amended by striking the figure " (9) " inserting in lieu thereof "(10)", and by inserting "and paragraph (12)," immediately after "inclusive,". (c) Section 15A(g) is amended to read as follows: ^5 ug^" ^^^^^ " (g) If any registered securities association (whether national or affiliated) takes any disciplinary action against any member thereof or any person associated with such a member or denies admission to any broker or dealer seeking membership therein^ or bars any person from being associated with a member, such action shall be subject to review by the Commission, on its own motion, or upon application by any person aggrieved thereby filed within thirty days after such action has been taken or within such longer period as the Commission may determine. Application to the Commission for review, or the institution of review by the Commission on its own motion, shall operate as a stay of such action until an order is issued upon such review pursuant to subsection (h), unless the Commission otherwise orders, after notice and opportunity for hearing on the question of a stay (which hearing may consist solely of affidavits and oral arguments)." (d) Section 15A(h) of said Act is amended to read as follows: " (h)(1) In a proceeding to review disciplinary action taken by a registered securities association against a member thereof or a person associated with a member, if the Commission, after appropriate notice and opportunity for hearing, upon consideration of the record before the association and such other evidence as it may deem relevant— " (A) finds that such member or person has engaged in such acts or practices, or has omitted such act, as the association has found liim to have engaged in or omitted, and

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text:
Page:United States Statutes at Large Volume 78.djvu/620

 578

15 USC yso'^^s

PUBLIC LAW 88-467-AUG. 20, 1964

[78 STAT.

" (B) determines that such acts or practices, or omission to act, are in violation of such rules of the association as have been designated in the determination of the association, the Commission shall by order dismiss the proceeding, unless it appears to the Commission that such action should be modified in accordance with paragraph (2) of this subsection. The Commission shall likewise determine whether the acts or practices prohibited, or the omission of any act required, by any such rule constitute conduct inconsistent with just and equitable principles of trade, and shall so declare. If it appears to the Commission that the evidence does not warrant the finding required in clause (A), or if the Commission determines that such acts or practices as are found to have been engaged in are not prohibited Iby the designated rule or rules of the association, or that such act as is found to have been omitted is not required b^ such designated rule or rules, the Commission shall by order set aside the action of the association. "(2) If, after appropriate notice and opportunity for hearing, the Commission finds that any penalty imposed upon a member or person associated with a member is excessive or oppressive, having due regard to the public interest, the Commission shall by order cancel, reduce, or require the remission of such penalty. "(3) In any proceeding to review the denial of membership in a registered securities association or the barring of any person from being associated with a member, if the Commission, after appropriate notice and hearing, and upon consideration of the record before the association and such other evidence as it may deem relevant, determines that the specific grounds on which such denial or bar is based exist in fact and are valid under this section, the Commission shall by order dismiss the proceeding; otherwise, the Commission shall by order set aside the action of the association and require it to admit the applicant broker or dealer to membership therein, or to permit such person to be associated with a member." (^) Section 15A(k)(2) of said Act is amended to read as follows: "(2) The Commission may in writing request any registered securities association to adopt any specified alteration of or supplement to its rules with respect to any of the matters hereinafter enumerated. If such association rails to adopt such alteration or supplement within a reasonable time, the Commission is authorized by order to alter or supplement the rules of such association in the manner theretofore requested, or with such modifications of such alteration or supplement as it deems necessary if, after appropriate notice and opport unity for hearing, it appears to the Commission that such alteration or supplement is necessary or appropriate in the public interest or for the protection of investors or to effectuate the purposes of this section, with respect to— " (A) the basis for, and procedure in connection with, the denial of membership or the barring from being associated with a member or the disciplining of members or persons associated with members, or the qualifications required for members or natural persons associated with members or any class thereof. " (B) the method fbr adoption of any change in or addition to the rules of the association. " (C) the method of choosing officers and directors. " (D) affiliation between registered securities associations." (f) Section 15A(1) of said Act is amended (1) by striking out the semicolon at the end of paragraph (1) thereof and inserting a period, and (2) by striking out paragraph (2) and inserting the following: "(2) after appropriate notice and opportunity for hearing, by order to suspend for a period not exceeding twelve months or

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to expel from a registered securities association any member thereof, or to suspend for a period not exceeding twelve months or to bar any person from being associated with a member thereof, if the Commission finds that such member or person— " (A) has violated any provision of this title or any rule or regulation thereunder, or has effected any transaction for any other person who, he had reason to believe, was violating with respect to such transaction any provision of this title or any rule or regulation thereunder. " (B) has willfully violated any provision of the Securities Act of 1933, as amended, or of any rule or regulation there- gg'^gtat^^esa^' under, or has effected any transaction for any other person 15 USC 77 awho, he had reason to believe, was willfully violating with 77z. respect to such transaction any provision of such Act or rule or regulation." SEC. 8. (a) Section 16(a) of the Securities Exchange Act of 1934 is js stau 89^6. amended to read as follows: "SEC. 16. (a) Every person who is directly or indirectly the beneficial owner of more than 10 per centum of any class of any equity security (other than an exempted security) which is registered pursuant to section 12 of this title, or who is a director or an officer of ^"'®' PP- ^esthe issuer of such security, shall file, at the time of the registration of such security on a national securities exchange or by the effective date of a registration statement filed pursuant to section 12(g) of this title, or within ten days after he becomes such beneficial owner, director, or officer, a statement with the Commission (and, if such security is registered on a national securities exchange, also with the exchange) of the amount of all equity securities of such issuer of which he is the beneficial owner, and within ten days after the close of each calendar month thereafter, if there has been a change in such ownership during such month, shall file with the Commission (and if such security is registered on a national securities exchange, shall also file with the exchange), a statement indicating his ownership at the close of the calendar month and such changes in his ownership as have occurred during such calendar month." (b) Section 16 of said Act is further amended by redesignating subsection (d) thereof as (e) and adding a new subsection (d) as follows: " (d) The provisions of subsection (b) of this section shall not apply to any purchase and sale, or sale and purchase, and the provisions of subsection (c) of this section shall not apply to any sale, of an equity security not then or theretofore held by him in an investment account, by a dealer in the ordinary course of his business and incident to the establishment or maintenance by him of a primary or secondary market (otherwise than on a national securities exchange or an exchange exempted from registration under section 5 of this title) for such secu- ^^ ^^^ ^^*'rity. The Commission may, by such rules and regulations as it deems necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market." SEC. 9. Section 20(c) of the Securities Exchange Act of 1934 is ^^ use 78t. amended to read as follows: "(c) I t shall be unlawful for any director or officer of, or any owner of any securities issued by, any issuer required to file any document, report, or information under this title or any rule or regulation thereunder without just cause to hinder, delay, or obstruct the making or filing of any such document, report, or information."

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PUBLIC LAW 88-467-AUG. 20, 1964

[78 STAT.

SEC. 10. Subsection (b) of section 23 of the Securities Exchange 48 Stat. 901. Act of 1934 is amended by a d d i n g at the end thereof the following new 15 78w. sentence: "The Commission shall include in its annual reports to the Congress for the fiscal years ended on June 30 of 1965, 1966, and 1967 information, data, and recommendations specifically related to the operation of the amendments to this Act made by the Securities Acts Amendments of 1964." SEC. 11. The first sentence of subsection (b) of section 32 of the 49 Stat. 1380. Securitics Exchange Act of 1934 is amended (1) by striking out "pursuant to an undertaking contained in a registration statement as provided in" and inserting in lieu thereof "required to be filed under" and (2) by inserting immediately after "this title" the following: "or any rule or regulation thereunder". 48 Stat. 77. SEC. 12. Section 4 of the Securities Act of 1933 is amended to read llsLlZt as follows: 15 USC 77e. "SEC. 4. The provisions of section 5 shall not apply to— "(1) transactions by any person other than an issuer, underwriter, or dealer. " (2) transactions by an issuer not involving any public offering. "(3) transactions by a dealer (including an underwriter no longer acting as an underwriter in respect of the security involved in such transaction), except— " (A) transactions taking place prior to the expiration ot forty days after the first date upon which the security was bona fide offered to the public by the issuer or by or through an underwriter, " (B) transactions in a security as to which a registration statement has been filed taking place prior to the expiration of forty days after the effective date of such registration statement or prior to the expiration of forty days after the first date upon which the security was bona fide offered to the public by the issuer or by or through an underwriter after such effective date, whichever is later (excluding in the computation of such forty days any time during'which a stop 54 Stat. 857. Order issued under section 8 is in effect as to the security), 15 USC 77h. or such shorter period as the Commission may specify by rules and regulations or order, and " (C) transactions as to securities constituting the whole or a part of an unsold allotment to or subscription by such dealer as a participant in the distribution of such securities by the issuer or by or through an underwriter. With respect to transactions referred to in clause (B), if securities of the issuer have not previously been sold pursuant to an earlier effective registration statement the applicable period, instead of forty days, shall be ninety days, or such shorter period as the Commission may specify by rules and regulations or order. "(4) brokers' transactions executed upon customers' orders on any exchange or in the over-the-counter market but not the solicitation of such orders." Effective dates. ^^^ i^ -j^g amendments made by this Act shall take effect as follows: (1) The effective date of section 12(g)(1) of the Securities Exchange Act of 1934, as added by section 3(c) of this Act, shall be July 1, 1964. (2) The effective date of the amendments to sections 12(b) and 15(a) of the Securities Exchange Act of 1934, contained in sections 3 (a) and 6 (a), respectively, of this Act, shall be July 1, 1964. (3) All other amendments contained in this Act shall take effect on the date of its enactment. Approved August 20, 1964.

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581

Public Law 88-468 AN ACT To enable the United States to contribute its share of the expenses of the International Commission for Supervision and Control in Laos as provided in article 18 of the protocol to the declaration on the neutrality of Laos.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated to the Department of State such sums as may be necessary from time to time for the payment by the United States of its share of the costs of the operations of the International Commission for Supervision and Control in Laos as provided in article 18 of the protocol to the declaration on the neutrality of Laos dated July 23, 1962. Approved August 20, 1964.

August 20, 1964 [S. 1627]

L a o s, International Commission. U.S. e x p e n s e s

14 UST 1104.

Public Law 88-469 JOINT RESOLUTION To amend section 316 of the Agricultural Adjustment Act of 1938 to extend the time by which a lease transferring a tobacco acreage allotment may be filed.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (g) of section 316 of the Agricultural Adjustment Act of 1938, as amended, is amended by striking out "1962" wherever it appears in said subsection and substituting therefor "1964"; and by inserting after the word "date" the words "the 1964 amendment to". SEC. 2. Subsection (h) of said section 316 is hereby repealed. Approved August 20, 1964.

August 20, 1964 [ H. J. R e s. 1026]

76 Stat. 151. 7 USC 1314b.

Repeal.

Public Law 88-470 AN ACT To exempt from taxation certain property of the National Trust for Historic Preservation in the United States in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That certain property in the District of Columbia described as lots numbered 36 and 37 in square numbered 2,517, as recorded in the office of the Surveyor of the District of Columbia in liber 64, at folio 69, together with the improvements thereon and the furnishings therein, oeing premises numbered 2340 S Street Northwest, known as the Woodrow Wilson House, owned by the National Trust for Historic Preservation in the United States, a corporation chartered by Act of Congress approved October 26, 1949, be exempt from all taxation, so long as the same is used in carrying 051 the purposes and activities of the National Trust for Historic Preservation in the United States, and is not used for commercial purposes, subject to the provisions of sections 2, 3, and 5 of the Act entitled "An Act to define the real property exempt from taxation in the District of Columbia", approved December 24, 1942 (56 Stat. 1091; D.C. Code, secs. 47-801c and 47-801e). Use of the premises by agencies of the United States of America or by any organization exempt from Federal income taxation for museum purposes or conference accommodations shall not affect the exemption from taxation provided for herein. Approved August 21, 1964.

August 21, 1964 [H. R. 9975]

Woodrow Wilson House. Exemption from taxation.

63 Stat. 927, 16 USC 468.

D.C. Code 47801b.

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PUBLIC LAW 88-471-AUG. 21, 1964

[78 STAT.

Public Law 88-471 August 21, 1964 [H. R. 10215]

Sick leave benefitsi extension. 5 USC 2061.

Computation.

Firefighting Division.

"Service."

AN ACT Relating to sick leave benefits for officers and members of the Metropolitan Police force of the District of Columbia, the Fire Department of the District of Columbia, the United States Park Police force, and the White House Police force.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the effective date of this Act the sick leave provisions of the Annual and Sick Leave Act of 1951 (65 Stat. 679) shall, except as otherwise provided in this Act, be applicable to officers and members of the Metropolitan Police force of the District of Columbia, the Fire Department of the District of Columbia, the United States Park Police force, and the White House Police force. SEC. 2. Each officer and member of the Metropolitan Police force of the District of Columbia, the Fire Department of the District of Columbia (other than officers and employees of the firefighting division), the United States Park Police force, or the White House Police force so employed on the effective date of this Act shall be credited with an initial sick leave balance, which shall be computed as follows: The total length of service in terms of years, months, and days shall be determined and for each full year of such service, such officer or member shall be credited with five days of sick leave; any period of such service amounting to less than one full year shall be divided into biweekly pay periods and for each such full biweekly pay period, such officer or member shall be credited with sick leave in the amount of five twenty-sixths of a day, but no credit shall be given for any remaining portion of such total service amounting to less than one full biweekly pay period. I n any case in which the total amount of such sick leave so computed contains a fraction of a day, such total amount shall be rounded to the next highest full day. The maximum number of days of sick leave so credited to any such officer or member under this section shall be one hundred and forty-five days. SEC. 3. Each officer or member of the Firefighting Division of the Fire Department of the District of Columbia so employed on the effective date of this Act shall be credited with an initial sick leave balance which shall be computed as follows: The total length of service in terms of years, months, and days shall be determined and for each full year of such service, such officer or member shall be credited with four days of sick leave; any period of such service amounting to less than one full year shall be divided into biweekly pay periods and for each full biweekly pay period, such officer or member shall be credited with sick leave in the amount of four twenty-sixths of a day, but no credit shall be given for any remaining portion of such service amounting to less than one full biweekly pay period. In any case in which the total amount of such sick leave so computed contains a fraction of a day, such total amount shall be rounded to the next highest full day. The maximum number of days of sick leave so credited to any such officer or member under this section shall be one hundred and sixteen days. SEC. 4. For the purpose of computing the initial sick leave balance as authorized in sections 2 and 3 of this Act, the term "service" as used in such sections shall include (1) periods of employment as an officer or member of the Metropolitan Police force of the District of Columbia, the Fire Department of the District of Columbia, the United States P a r k Police force, and the White House Police force, and (2) all other periods of employment under the Government of the United States or under the government of the District of Columbia

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583

(including any corporations wholly owned or controlled by the United States), but in no case shall any such periods of employment for which sick leave accrual benefits were not provided or periods of military service be included in the computation of such initial sick leave balance. SEC. 5. (a) No sick leave shall be charged to the account of any formanL'of^di^y officer or member of the Metropolitan Police force or the Fire Depart- °™^"''^ ° ment of the District of Columbia or the United States P a r k Police force or the White House Police force for periods of absence due to injury or illness resulting from the performance of duty. (b) The determination of whether an injury or disease resulted from the performance of duty shall be made pursuant to regulations promulgated by the Commissioners of the District of Columbia for officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia, by the Secretary of the Treasury for the White House Police force and by the Secretary of the Interior for the United States P a r k Police force. SEC. 6. (a) Section 202(b)(3) of the Annual and Sick Leave Act " Stat. 679. of 1951, as amended (5 U.S.C. 2061(b)(3)), is hereby repealed. (b) Section 204(a) of such Act, as amended (5 U.S.C. 2063(a)), is amended by striking the period at the end thereof and inserting in lieu thereof a comma and the following: "except that' sick leave with pay shall accrue to each officer and member of the Firefighting Division of the Fire Departmentof the District of Columbia on the basis of twofifths of a day for each full biweekly pay period." (c) Section 204(c) of such Act, as amended (5 U.S.C. 2063(c)), is amended by striking the period at the end thereof and inserting in lieu thereoi a comma and the following: "except that not to exceed twenty-four days of sick leave may be advanced to each officer and memtJer of the Firefighting Division of the Fire Department of the District of Columbia." (d) Section 205(e) of such Act, as amended (5 U.S.C. 2064(e)), is ^^ ^'^'- ^^s. amended by striking the period at the end thereof and inserting in lieu thereof a comma and the following: "except that whenever a former officer or member receiving a retirement annuity as provided under the Policemen and Firemen's Ketirement and Disability Act, as amended, is reemployed in any position subject to the provisions of this Act, his sick leave balance shall not be recredited to his account upon such subsequent reemployment." (e) Section 7 of the Act entitled "An Act to fix the salaries of officers and members of the Metropolitan Police force, the United States P a r k Police force, and the Fire Department of the District of Columbia", approved May 27, 1924 (43 Stat. 174), as amended (D.C. Code, sec. 4r-207), is amended by striking out the last sentence thereof. (f) Section 2 of the Act entitled "An Act to authorize the Commi^ioners of the District of Columbia to prescribe the area within which officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia may reside", approved July 25, 1956 (70 Stat. 647; D.C. Code, sec. 4-409a), is amended by striking out the last three sentences thereof. SEC. 7. (a) The second paragraph under the heading "FOR METRO- ^^P^^^POLiTAN POLICE" in the Act of March 3, 1897 (29 Stat. 6*^; D.C. Code, sec. 4r-179), is repealed. (b) The last sentence of the first paragraph under the heading "FOR THE FIRE DEPARTMENT" in the Act of March 3, 1897 (29 Stat. 677; D.C. Code, sec. 4-408), is repealed. SEC. 8. This Act shall take effect on the first day of the first pay Effective date. period which begins after January 1, 1964. Approved August 21, 19 64. 31-667 0-65—40

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PUBLIC LAW 88-472-AUG. 21, 1964

[78 STAT.

Public Law 88-472 August 21, 1964 AN ACT L J • ^337] (py increase the partial pay of educational employees of the public schools of the District of Columbia who are on leave of absence for educational improvement, and for other purposes.

Be it enacted by the Senate and House of Representatives of the D.C. United States of America in Congress assembled, That section 3 of Education a l empioye"es''." '"'""" th© kct entitled "An Act to provide educational employees of the Sabbatical leave public schools of the DistHct of Columbia with leave of absence, with ^^^' part pay, for purposes of educational improvement, and for other purposes", approved June 12, 1940 (54 Stat. 349; sec. 31-632 et seq., ^^D.c. Code 31- j), c. Code, 1961 ed.), is amended to read as follows: "SEC. 3. Any employee in the salary class of elementary and secondary school teachers whose salary is fixed by the first section of the Ante^*^*43\^^^' DlstHct of Columbia Teachers' Salary Act of 1955, as amended, who D.C, Code's 1- is granted leave of absence for educational purposes under the pro^50^visions of this Act, shall receive compensation during the period of such leave of absence, such compensation to be equal to one-half of the salary which he would have received and paid in the same manner as if he were on active duty during the period of such leave of absence reduced by (1) the amount of contributions which he is required to make to the retirement fund as provided by the Act entitled 'An Act for the retirement of public school teachers in the District of Columbia' approved August 7, 1946 (60 Stat. 875), as amended (D.C. 71 Stat. 46. Code, sec. 31-725, 1961 ed.), (2) any contributions which he may elect to make to group life insurance as provided by the Federal Employees Group Life Insurance Act of 1954 (68 Stat. 736), as amended (5 U.S.C. 2091(a)), and (3) any contributions which he may elect to make to any health benefits plan as provided by the Federal Employees Health Benefits Act of 1959 (73 Stat. 708; 5 U.S.C.3002)." 63°^ '^°^^ ^^' ^^^' ^' 'Section 4 of such Act approved June 12, 1940, is amended to read as follows: "SEC. 4. Any employee whose salary is fixed by the first section of the District of Columbia Teachers' Salary Act of 1955, as amended, other than employees in the salary class of elementary and secondary school teachers, who is granted leave of absence for educational purposes under the provisions of this Act shall receive compensation during the period of such leave of absence, such compensation to be equal to one-half of the salary which he would have received and paid in the same manner as if he were on active duty during the period of such leave of absence or equal to the largest amount to which any employee in the salary class of elementary and secondary school teachers would be entitled if given such educational leave, whichever is less, either payment to be reduced by (1) the amount of contributions which the employee is required to make to the retirement fund as provided by the Act entitled 'An Act for the retirement of public school teachers in the District of Columbia' approved August 7, 1946 (60 Stat. 875), as amended (D.C. Code, sec. 31-725, 1961 ed.), (2) any contributions which he may elect to make to group life insurance as provided by the Federal Employees Group Life Insurance Act of 1954 (68 Stat. 736), as amended (5 U.S.C. 2091(a)), and (3) any contributions which he may elect to make to any health benefits plan as provided by the Federal Employees Health Benefits Act of 1959 (73 Stat. 708; 5 U.S.C. 3002); Provided, That during the period of the leave of absence of any employee who is an administra-

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 Remarks. As  was the first described representative of the genus and is a very close relative of the Baltic form, it is not surprising that the latter was for a long time identified with our species, until Eichwald [1860, p. 1355] pointed out the differences. Schmidt has more fully stated the relations of the two. He writes [ op. cit. p. 62]:

Die amerikanischen Arten  DeK. und  Harl. stehen dagegen unsrer Art ganz besonders nahe und es ist kein Wunder, dass man sie lange mit ihr identificirt hat. Sie kommen genau in dem nämlichen geologischen Niveau vor und könnten ganz gut als lokale geographische Varietäten unsrer Art angesehn werden. Der Kopfform nach steht unsre Art ziemlich in der Mitte zwischen den beiden amerikanischen, doch ist bei letztern die bei uns gewöhnliche trapezoidale Form selten so ausgeprägt. Auch das Metastoma weist einen kleinen Unterschied auf, indem seine grösste Breite bei unsrer Art in die Mitte, bei den amerikanischen etwas vor dieselbe kommt. Die grössere Zahl der Schuppenreihen auf der Oberseite bei unsrer Art, auf die Eichwald aufmerksam macht, scheint mir kein ganz genügendes Kennzeichen zu sein. Am meisten scheint sich der Schwanzstachel von dem der amerikanischen Arten zu entfernen, da er bei keiner derselben so schlank wird; ebenso ist auch das letzte Leibesglied bei den amerikanischen Arten am Grunde nie so tief eingeschnitten wie bei unsrer, bei der in dieser Beziehung allerdings auch Variationen vorkommen.

We may add a further difference, readily noticed with good material, namely, that the spines of the endognathites do not differ on the anterior and posterior sides so greatly in length as in, where the posterior spines are much longer than the anterior ones. Also the surface sculpture differs, as pointed out by Eichwald, but doubted by Schmidt, in that in  and   there are seen distinct rows of scales in single file on the postabdominal segments while in   only longitudinal patches of scales appear.

Other differences are seen in the form of the segments of the legs. Thus the fifth segment of the swimming leg is deeply concave on the underside in our species, but not so in, and the seventh segment is straight on the posterior side and very convex on the other, while it is equally concave on both sides in. A very


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585

PUBLIC LAW 88-474-AUG. 21, 1964

tive or supervisory officer, the Board of Education, on the recommendation of the superintendent of schools, may authorize the temporary assignment to his position of any teacher or officer who serves under such officer on leave of absence: And provided further, That the position of the teacher or officer so assigned may be filled during the period of such absence by a qualified temporary employee." SEC. 3. Section 5 of such Act approved June 12, 1940, is amended by striking "teacher or officer" in the two places where it appears therein and insetting, in lieu thereof, "employee". SEC. 4. This Act shall take effect on and after July 1, 1968. Approved August 21, 1964.

54 Stat. 350, D.C. Code 3 1 636. Effective date.

Public Law 88-473 AN ACT To amend the Act entitled "An Act to provide for a mutual-aid plan for fire protection by and for the District of Columbia and certain adjacent communities in Maryland and Virginia, and for other purposes."

Be it enacted by the Senate and House of RepreHentathes of the United States of America in Congress assembled, That section 2 of the Act entitled "An Act to provide for a mutual-aid plan for fire protection by and for the District of Columbia and certain adjacent communities in Maryland and Virginia, and for other purposes", approved August 14, 1950 (64 Stat. 441, I).(\ Code, sec. 4-414(b), 1961 edition), is amended (a) by inserting a colon and the subsection designation " (a) " between "shall" and "waive"; (b) by striking the period and inserting a semicolon in lieu thereof; and (c) by adding the following subsection: " (b) indemnify and save harmless the other parties to such agreement from all claims by third parties for property damage or personal injury which may arise out of the activities of the other parties to such agreement outside their respective jurisdictions under such agreement." Approved August 21, 1964.

August 21, 1964 [H. R. 5044]

D.C. Fire-fighting agreements.

Public Law 88-474 AN ACT To provide for the dispositi(m of judgment funds now on deposit to the credit of the Pawnee Tribe of Oklahoma.

August 21, 1964 [H. R. 10672]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds on ^g^^"^ T b deposit in the Treasury of the United States to the credit of the okiaH'judgment ° Pawnee Tribe of Oklahoma that were appropriated by the Act of funds. May 17, 1963 (Public Law 88-25; 77 Stat. 20), to pay a judgment by the Indian Claims Commission in docket 10, and the interest thereon, after payment of attorney fees and expenses, may be advanced or expended for any purpose that is authorized by the tribal governing body and approved by the Secretary of the Interior. Any part of such funds that may be distributed per capita to the members of the tribe shall not be subject to the Federal or State income tax. Approved August 21, 1964.

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PUBLIC LAW 88-475-AUG. 21, 1964

[78 STAT.

Public Law 88-475 August 21, 1964 [H. R. 11222]

D.C. Horizontal Property Act, amendment. 77 Stat. 449.

77 Stat. 452.

AN ACT To amend the Horizontal Property Act of the District of Columbia to permit a condominium unit to he located on more than one floor of a building, and for other purposes.

Be it emicted by the Senate and House of Reprexentat't oen of the United States of America In Congrenn assembled, That (a) paragraph (a) of section 2 of the Horizontal Property Act of the District of Columbia (D.C. Code, sec. 5-902(a)) is amended by striking out (b) Paragraph (e) of such section 2 (D.C. Code, sec. 5-902(e)) is amended by striking out " (k) '• and inserting in lieu thereof " (h) ' '. (c) Paragraph (2) of subsection (a) of section 9 of such Act (D.C. Code, sec. 5-909(a)(2)) is amended by inserting immediately after "'for each floor" the following: "or floors, in the instance of condominium units consisting of more than one floor," and by striking the semicolon at the end of such paragraph (2) and inserting in lieu thereof the following: ": Profided^ That when a unit is situated on more than one floor, access shall be provided within the unit between the portion of the unit on any one floor and the portion of the unit on any other floor in addition to any outside access which might be provided to any portion of the unit;". (d) Paragraph (2) of subsection (a) of section 11 of such Act (D.C. Code, sec. 5-911 (a)(2)) is amended by striking out "as provided in section 14(g) of this Act" and inserting in lieu thereof "on the person designated in the bylaws in conformity with section 14(a)(7) of this Act". (e) Subsection (b) of section 24 of such Act (D.C. Code, sec. 5-924(b)) is amended by striking out "section 1 4 (g) " and inserting in lieu thereof "section 14(a)(7)". (f) Subsection (a) of section 25 of such Act (D.C. Code, sec. 5-925(a)) is amended by striking out "section 1 4 (g) " and inserting in lieu thereof "section 14(a)(7)". Approved August 21, 1964. Public Law 88-476
 * 'a floor" and inserting in lieu thereof "one or more floors".

August 21, 1964 [H. R. 9995]

Secret Service. Retirement credit, 71 Stat. 39 2.

AN ACT To amend the Policemen and Firemen's Retirement and Disability Act to allow credit to certain members of the United States Secret Service Division for periods of prior police service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of section 12 of the Act approved September 1, 1916 (39 Stat. 718; D.C. Code 4—522), as amended, is amended by adding at the end thereof the following sentence: "Any member of the United States Secret Service Division appointed from the White House Police force and assigned to duties directly related to the protection of the President shall receive credit for periods of prior service with the Metropolitan Police force, the United States Park Police force, or the White House Police force toward the required ten years or more service." Approved August 21, 1964.

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PUBLIC LAW 88-478-AUG. 22, 1964

587

Public Law 88-477 AN ACT To authorize the Secretary of the Interior to acquire the Graff House site for inclusion in Independence National Historical Park, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to include in Independence National Historical P a r k the site of the Graff House where Thomas Jefferson wrote the Declaration of Independence, the Secretary of the Interior is authorized to acquire by purchase, donation, or with donated funds all or any interests in the land and improvements thereon located at the southwest corner of Market and South Seventh Streets, in the city of Philadelphia, State of Pennsylvania, and more particularly described as follows: Beginning at a point located at the intersection of the southerly line of Market Street with the westerly line of South Seventh Street, thence southerly along the west side of South Seventh Street 124 feet, thence westerly 50 feet, thence northerly 124 feet, thence easterly 50 feet to the point of beginning. SEC. 2. The Secretary is further authorized to erect on the site aforesaid, with donated funds, a replica of the Graff House and to furnish and maintain the same. SEC. 8. The lands hereinbefore described and the building to be erected thereon shall become a part of the Independence National Historical P a r k and shall be administered in accordance with the laws ai\d regulations applicable thereto. SFXJ. 4. There are authorized to be appropriated such sums, but not more than $200,000, as may be necessary for acquisition of the land described in the first section of this Act: Provided, That the Secretary of the Interior shall not obligate or expend any moneys herein authorized to be appropriated for acquisition of the land unless and until commitments are obtained for donations in an amount which in the judgment of the Secretary is sufficient to provide a replica of the Graff House in accordance with section 2. Approved August 21, 1964.

August 21, 1964 [H. R. 988]

Independence National Historical P a r k.

Appropriation.

Public Law 88-478 AN ACT

To amend title 12 of the Merchant Marine Act, 1J)36, in order to remove certain limitations with resiKH-t to war risk insurance issued under the provisions of such title. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asuemblea, That section 1209 (a)(2) of the Merchant Marine Act, 1936, is amended— (1) in the first sentence by striking out all beginning with ^Provided, however" through 'Provided further' and inserting in lieu thereof Provided"; and (2) in the second sentence by striking out all beginning with 'Provided, however' through '•And provided further"' and insert in lieu thereof 'Provided,\ SEC. 2. The amendments made by this Act shall be applicable to war risk insurance coverage attaching after the date of enactment. Approved August 22, 1964.

August 22, 1964 [S. 927]

War risk insurance. Limitations, removal. 70 Stat. 984. 46 USC 1289.

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Page:United States Statutes at Large Volume 78.djvu/630

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PUBLIC LAW 88-479-AUG. 22, 1964

[78 STAT.

Public Law 88-479 August 22, 1964 AN ACT [H. R. 10199] Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1965, and for other purposes.

FEDERAL FUNDS FEDERAL PAYMENT TO DISTRICT OF COLUMBIA

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there are appropriation'A^t^^^ges. priated for the District of Columbia for the fiscal year ending June 30, 1965, out of (1) the general fund of the District of Columbia (unless otherwise herein specifically provided), hereinafter known as the general fund, such fund being composed of the revenues of the District of Columbia other than those applied by law to special funds, and $37,500,000, which is hereby appropriated for the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 1964), (2) the highway fund (when designated as payable D.C. Code 47therefrom), established by law (D.C. Code, title 47, ch. 19), including 1901 to 47-1919. the motor vehicle parking account (when designated as payable there^^D.c. Code 40- from), established by law (Public Law 87-408), (3) the water fund (when designated as payable therefrom), established by law (D.C. D. C. Code 43Code, title 43, ch. 15), and $2,047,000, which is hereby appropriated for 1501 to 43-1541 the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 1964), (4) the sanitary sewage works fund (when designated as payable therefrom), established by law D*c.'c';ie°4'3(Public Law 364, 83d Congress), and $1,173,000, which is hereby 1602. appropriated for the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 1964), and (5) the metropolitan area sanitary sewage works fund (when designated as D^<^*cod^e^*43- payable therefrom), established by law (Public Law 85-515); and 1621. ° ^ ' there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, $26,400,000, which, together with balances of previous appropriations for this purpose, shall remain available until expended, for loans authorized by the Act of May 18, 1954 (68 Stat. D.C. Code 9101), the Act of June 6, 1958 (72 Stat. 183), and the Act of August 220. 43-1540. ^7^ 1963 (77 Stat. 130), to be advanced upon request of the Commissioners to the following funds: general fund, $20,000,000; highway fund, $1,400,000; and sanitary sewage works fund, $5,000,000. District of Columbia ApprO'

DISTRICT O F COLUMBIA FUNDS OPERATING

EXPENSES

For expenses necessary for functions under this general head: GENERAL OPERATING EXPENSES

General operating expenses, plus so much as may be necessary to compensate the Engineer Commissioner at a rate ejjual to each civilian member of the Board of Commissioners of the District of Columbia, hereafter in this Act referred to as the Commissioners; $18,764,000, of which $375,000 (to remain available until expended) shall be available solely for District of Columbia employees' disability compensation, sind $180,700 shall be payable from the highway fund (including $50,200 from the motor-vehicle parking account), $34,100 from the water fund, and $16,600 from the sanitary sewage works fund: Pro-

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PUBLIC LAW 88-479-AUG. 22, 1964

vided^ That the certificate of the Commissioners shall be sufficient voucher for the expenditure of $2,500 of this appropriation for such purposes, exclusive of ceremony expenses, as they may deem necessary: Provided further, That, for the purpose of assessing and reassessing real property in th6 District of Columbia, $5,000 of the appropriation shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but at rates for individuals not in excess of $100 per diem.

589

^o s^^*- 8i°-

PUBLIC SAFETY

Public safety, including employment of consulting physicians, diagnosticians, and therapists at rates to be fixed by the Commissioners; purchase of seventy-six passenger motor vehicles (including sixtyseven for police-type use without regard to the general purchase price limitation for the current fiscal year but not in excess of $100 per vehicle above such limitation) of which sixty-eight are for replacement purposes; $69,208,000, of which $157,025 shall be transferred to the judiciary and disbursed by the Administrative Office of the United States Courts for expenses of the Legal Aid Agency for the District of Columbia and $3,434,800 shall be payable from the highway fund (including $112,000 from the motor vehicle parking account), $3,000 from the water fund, and $3,000 from the sanitary sewage works fund: Provided, That not to exceed $50,000 of any funds from appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Commissioners: Provided further, That the Fire 'Department is authorized to replace not to exceed five passenger carrying vehicles annually whenever the cost of repair to any damaged vehicles exceeds three-fourths the cost of the replacement. EDUCATION

Education, including purchase of fourteen passenger motor vehicles, including two for replacement only, the development of national defense wiucation programs, and for matching Federal grants under the National Defense Education Act of September 2, 1958 (72 Stat. 1580), as amended, $68,051,000, of which $678,895 shall be for development of vocational education in the District of Columbia in accordance with the Act of June 8j 1936, as amended. Section 6 of the Legislative, Executive, and Judicial Appropriation Act, approved May 10, 1916, as amended, shall not apply from July 1 to August 23, 1964, to teachers of the public schools of the District of Columbia when employed by any of the branches of the United States Government or by any department or agency of the District of Columbia government. PARKS AND RECREATION

Parks and recreation, including the purchase, acquisition, and transportation of specimens for the National Zoological Park, $9,794,000, of which $25,000 shall be payable from the highway fund. HEALTH AND WELFARE

Health and welfare, including reimbursement to the United States for services rendered to the District of Columbia by Freedmen's Hospital; and for care and treatment of indigent patients in institutions, including those under sectarian control, under contracts to be

J o "sc 4oi To^stSf^g25^^' 72 stat! 1597. ^ 2^ ^,^c;^»i^* note, ISaaa. ""'" p. 493. Ante,

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 590

59 Stat. 282.

74 Stat. 21.

PUBLIC LAW 88-479-AUG. 22, 1964

[78 STAT.

made by the Director of Public Health; and purchase of three passenger motor vehicles including two for replacement only; $74,670,000: Providedy Thsit the inpatient rate and outpatient rate under such contracts, wjth the exception of Children's Hospital, and for services rendered by Freedmen's Hospital shall not exceed $34 per diem and the outpatient rate shall not exceed $5.75 per visit; the mpatient rate and outpatient rate for Children's Hospital shall not exceed $40 per diem and $6.75 per visit; and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be $9.74 per diem: Provided fitrther, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia without regard to the requirement of one-year residence contained in DistHct 01 Columbia Appropriation Act, 1946, under the heading "Operating Expenses, Gallinger Municipal Hospital," and this appropriation shall also be available to render assistance to such individuals who are temporarily absent from the District of Columbia: Provided further. That the authorization included under the heading "Department 01 Public Health," in the District of Columbia' Appropriation ^ c t, 1961, for compensation of convalescent patients as an aid to their rehabilitation is hereby extended to the Department of Vocational Rehabilitation. HIGHWAYS AND TRAFFIC

Highways and traffic, including $73,526 for traffic safety education without reference to any other law; $250 for membership in the American Association of Motor Vehicle Administrators; rental of three passenger-carrying vehicles for use by the Commissioners; and purchase of twenty-one passenger motor vehicles, including thirteen for replacement only; $13,578,000, of which $9,300,900 shall be payable from the highway fund (including $674,100 from the motor vehicle parking account): Provided, That this appropriation shall not be available for the purchase of driver-training vehicles. SANITARY ENGINEERING

Sanitary engineering, including the purchase of fourteen passenger motor vehicles for replacement only, $21,750,000, of which $7,248,400 shall be payable from the water fund, $4,230,200 shall be payable from the sanitary sewage works fund, and $79,900 shall be payable from the metropolitan area sanitary sewage works fund. METROPOLITAN POLICE ADDITIONAL MUNICIPAL SERVICES, INAUGURAL CEREMONIES

Metropolitan Police (additional municipal services, inaugural ceremonies), including payment at basic salary rates for services performed on the day before Inauguration Day, Inauguration Day, and the first day thereafter, by officers and members of the police and fire departments in excess of the regular tours of duty (but not to exceed a total of sixteen hours overtime pay to any individual officer or'member performing service on such days) with such overtime earned by firemen chargeable to the appropriation for operating expenses of the Fire Department, $283,000.

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PUBLIC LAW 88-479-AUG. 22, 1964

591

PERSONAL SERVICES, WAGE-BOARD EMPLOYEES

For pay increases and related retirement costs for wage-board employees, to be transferred by the Commissioners of the District of Columbia to the appropriations for the fiscal year 1965 from which said employees are properly payable, $1,118,200, of which $75,400 shall be payable from the highway fund, $103,400 from the water fund, $68,500 from the sanitary sewage works fund, and $700 from the metropolitan area sanitary sewage works fund. R E P A Y M ENT OF LOANS A N D I N T E R E S T For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat. 103,109 and 110), as amended; section 7 of the Act of September J^f- c°de 437, 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958 J.ial ^^'^^i^' (72 Stat. 183); and section 4 of the Act of June 12, 1960 (74 Stat. 211). D.C. code 2including interest as required thereby, $5,364,000, of which $2,213,000 ^^D.^C. code 9. shall be payable from the highway fund, $1,173,000 shall be payable 220; 43-1623. from the water fund, and $291,000 shall be payable from the sanitary sewage works fund. CAPITAL OUTLAY For reimbursement to the United States of funds loaned in compliance with section 4 of the Act of May 29, 1930 (46 Stat. 482), as amended, the Act of August 7, 1946 (60 Stat. 896), as amended, the ^Q°-^- ^°^« ii" Act of May 14, 1948 (62 Stat. 235), and payments under the Act of July 2, 1954 (68 Stat. 443); construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), February 16, 1942 (56 Stat. 91), J^f- c°de 43May 18, 1954 (68 Stat. 105), June.6, 1958 (72 Stat. 183), and August \lol'; 9-220!* 20, 1958 (72 Stat. 686); including acquisition of sites; preparation of plans and specifications for the following buildings and facilities: new junior high school in the vicinity of 6th Street and Brentwood Parkway Northeast, Wheatley Elementary School addition, new elementary school in the vicinity of 7th and Webster Streets Northwest, Nichols Avenue Elementary School replacement, Tyler Elementary School addition. Chevy Chase Branch Library, Engine Company Number 9 replacement, school and activities building at the Junior Village, shop building at the Cedar Knoll School, a juvenile facility and Incinerator Number 5; erection of the following structures, including building improvement and alteration and the treatment of grounds: new junior high school in the vicinity of 16th and Irving Streets Northwest, Slowe Elementary School addition, new elementary school in the vicinity of Wheeler Road and Mississippi Avenue Southeast, Truesdell Elementary School addition, Mildred Green Elementary School addition, new elementary school in the vicinity of 18th and E Streets Northeast, Raymond Elementary School addition, Ruth K. Webb Elementary School addition, West End Branch Library, McKinley Swimming Pool, Holly and Dogwood Cottages renovation at the District Training School and two street cleaning tool houses; $901,000 for the purchase of equipment for new school buildings; to remain available until expended, $58,662,000, of which $6,830,000 shall not become available for expenditure until July 1, 1965, $13,185,000 shall be payable from the highway fund, $2,383,000 shall be payable from the water fund, and $11,026,000 shall be payable from the sanitary sewage works fund, and $1,887,000 shall be available for construction services by the Director of Buildings and Grounds or by contract for architectural engineering services, as may be determined by the Commissioners, and the funds for the use of the Director

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PUBLIC LAW 88-479-AUG. 22, 1964

[78 STAT.

of Buildings and Grounds shall be advanced to the appropriation account, "Construction services, Department of Buildings and Grounds". GENEKAL PROVISIONS Vouchers.

SEC. 2. Except as otherwise provided herein, all vouchers covering expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official without countersignature. Maximum amount. SEC. 3. Whenever in this Act an amount is specified within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor. Automobile alSEC. 4. Appropriations in this Act shall be available, when authorlowances. ized or approved by the Commissioners, for allowances for privately owned automobiles used for the performance of official duties at 8 cents per mile but not to exceed $25 a month for each automobile, unless otherwise therein specifically provided, except that one hundred and forty-three (fifty for investigators in the Department of Public Welfare and eighteen for venereal disease investigators in the Department of Public Health) such allowances at not more than $410 each per annum may be authorized or approved by the Commissioners. Travel exSEC. 5. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Commissioners: Provided, That the total expenditures for this purpose shall not exceed $65,000. SEC. 6. Appropriations in this Act shall be available for services as 60 Stat. 810. authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). SEC. 7. The disbursing officials designated by the Commissioners are authorized to advance to such officials as may be approved by the Commissioners such amounts and for such purposes as the Commissioners may determine. Restrictions. SEC. 8. Appropriations in this Act shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Utilities Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Utilities Commission. SEC. 9. Appropriations in this Act shall not be available for the payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed. Vehicle use. SEC. 10. All motor-propelled passenger-carrjT^ing vehicles (including watercraft) owned by the District of Columbia shall be operated and utilized in conformity with section 16 of the Act of August 2, 1946 60 Stat. 810. (5 U.S.C. 77, 78), and shall be under the direction and control of the Commissioners, who may from time to time alter or change the assignment for use thereof, or direct the alteration of interchangeable use of any of the same by officers and employees of the District, except as otherwise provided in this Act. "Official purposes" shall not apply to the Commissioners of the District of Columbia or i^ cases of officers and employees the character of whose duties makes such transportation necessary, but only as to such latter cases when the same is approved by the Commissioners.

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593

PUBLIC LAW 88-481-AUG. 22, 1964

SEC. 11. Appropriations contained in this Act for Highways and Traffic, and Sanitary Engineering shall be available for snow and ice control work when ordered by the Commissioners in writing. SEC. 12. Appropriations in this Act shall be available, when authorized by the Commissioners, for the rental of quarters without reference to section 6 of the District of Columbia Appropriation Act, 1945. SEC. 13. Appropriations in this Act shall be available for the furnishing of uniforms when authorized by the Commissioners. SEC. 14. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia, including refunds authorized by section 10 of the Act approved April 23, 1924 (43 Stat. 108): Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title X II of the District of Columbia Income and Franchise Tax Act of 1947, as amended. SEC. 15. Except as otherwise provided herein, limitations and legislative provisions contained in the District of Columbia Appropriation Act, 1961, shall be continued for the fiscal year 1965: Provided, That the limitation for "Construction Services, Department of Buildings and Grounds" contained in the District of Columbia Appropriation Act, 1961, shall be increased from 6 to 8 per centum of appropriations for construction projects: Provided further, That after June 30, 1964, the limitation of $50 per diem for experts and consultants under the heading "Public Schools, District of Columbia Appropriation Act, 1961" shall no longer be applicable. This Act may be cited as the "District of Columbia Appropriation Act, 1965." Approved August 22, 1964.

Snow removal.

58 Stat. 532. D.C. Code 1-243, Judgment payments.

D.C. Code 471910. 70 Stat. 78. D.C. Code 471586J.

74 Stat. 23.

74 Stat. 19. Short title.

Public Law 88-480 AN ACT To extend the authority of the Postmaster General to enter into leases of real property for periods not exceeding thirty years, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2109 of title 39, United States Code, is amended to read as follows: '^§2109. Time limitations on agreements "Agreements may not be entered into under sections 2104 and 2105 of this title after July 22, 1964, and under section 2103 after December 31, 1966." Approved August 22, 1964.

August 22, 1964 [H. R. 9653]

Postmaster General. L e a s i n g authority. 74 Stat. 593.

Public Law 88-481 AN ACT To provide hospital, domiciliary, and medical care for non-service-connected disabilities to recipients of the Medal of Honor.

August 22, 1964 [S. 1046]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph X^'d^'i^of Honor (2) of section 601 of title 38, United States Code, is amended by hoider^s,"hospitalinserting immediately after "Indian W a r s " the following: ", or any i z a t i o n. -^ 72 Stat. veteran awarded the Medal of Honor". Approved August 22, 1964.

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