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of the gross receipts from sales of or charges for such tangible perExceptions. sonal property and services, except that— " (1) the rate of tax shall be 2 per centum of the gross receipts from (A) sales of food for human consumption off the premises where such food is sold, (B) sales of or charges for the services described in paragraph (11) of section 114(a) of this title, and (C) sales of medicines, pharmaceuticals, and drugs not made on prescriptions of duly licensed physicians, surgeons, or other general or special practitioners of the healing art; "(2) the rate of tax shall be 5 per centum of the gross receipts from sales of or charges for any room or rooms, lodgings, or accommodations, furnished to transients by any hotel, inn. tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients; and "(3) the rate of tax shall be 5 per centum of the gross receipts from sales of (A) spiritous or malt liquors, beer, and wines, and (B) food for human consumption other than off the premises where such food is sold."' SEC. 105. Paragraph (b) of section 127 of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2604(b)) is amended to read as 68 Stat. 118. follows: Rate of tax,, ''(b) On each sale of food for human consumption off the premises food consumed where such food is sold where the sales price is from 13 cents to 62 cents, of pr f^ both inclusive, 1 cent; on each such sale where the sales price is from 63 cents to $1.12, both inclusive, 2 cents; and on each 50 cents of the sales price or fraction thereof of such sale in excess of $1.12, 1 cent.'' SEC. 106. Paragraph (o) of section 128 of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2605 (o)) is amended by striking out 63 Stat. 117. "whether or not". SEC. 107. (a) Subsection (a) of section 147 of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2624(a)) is amended to read as 66 Stat. 543. follows: "SEC. 147. (a) Any person who fails to file a return, who files a false P e n a l t y and or incorrect return, or who fails to pay the tax to the District within interest. the time required by this title shall be subject to a penalty of 5 per centum of the amount of tax due if the failure is for not more than one month, with an additional 5 per centum for each additional month or fraction thereof during which such failure continues, not to exceed 25 per centum in the aggregate; plus interest at the rate of 1 per centum of such tax for each month or fraction thereof during which such failure continues; but the Commissioner may, if he is satisfied that the delay was excusable, waive all or any part of the penalty. Unpaid penalties and interest may be collected in the same manner as the tax imposed by this title. The penalty and interest provided for in this section shall be applicable to any tax determined as a deficiency." (b) Subsection (b) of such section is amended by striking out "The 63 Stat. 123. certificate of the Collector or Assessor, as the case may be," and inserting in lieu thereof "The certificate of the Commissioner". SEC. 108. Subsection (a) of section 201 of the District of Columbia Use Tax Act (D.C. Code, sec. 47-2701 (a)) is amended by adding at 68 Stat. 118. the end thereof the following new paragraphs: Admission " (6) The sale of or charges for admission to public events, including certain per- to movies, musical performances, exhibitions, circuses, sporting events, formances. and other shows or performances of any type or nature, except that any casual or isolated sale of or charge tor admission made by a semipublic institution not regularly engaged in making such sales or charges shall not be considered a retail sale or sale at retail.

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 172 Services to tangible personal property.

Secretarial services. Laundering services.

63 Stat. 125; 70 Stat. 81; 82 Stat. 615.

Imposition of tax. 82 Stat. 615.

Exceptions.

Effective date.

PUBLIC LAW 91-106-OCT. 31, 1969

[83 STAT.

"(7) The sale of or charges for the service of repairing, altering, mending, or fitting tangible personal property, or applying or installing tangible personal property as a repair or replacement part of other tangible personal property, whether or not such service is performed by means of coin-operated equipment or by any other means, and whether or not any tangible personal property is transferred in conjunction with such service. "(8) The sale of or charges for copying, photocopying, reproducing, duplicating, addressing, and mailing services and for public stenographic services. " (9) The sale of or charges for the service of laundering, dry cleaning, or pressing of any kind of tangible personal property, except when such service is performed by means of self-service, coin-operated equipment." SEC. 109. Subseotion (b) of section 201 of the District of Columbia Use Tax Act (D.C. Code, sec. 47-2701 (b)) is amended— (1) by striking out paragraph (1), (2) by redesignating paragraph (2) as paragraph (1), (3) by redesignating paragraph (3) as paragraph (2) and by inserting before the period at the end of that paragraph a comma and the following: "except as otherwise provided in subsection (a) of this'section-', and (4) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. SEC. 110. Section 212 of the District of Columbia Use Tax Act (D.C. Code, sec. 47-2702) is amended by striking out the last sentence and inserting in lieu thereof the following: "The rate of tax imposed by this section shall be 4 per centum of the sales price of such tangible personal property or services, except that— " (1) the rate of tax shall be 2 per centum of the sales price of (A) sales of food for human consumption off the premises where such food is sold, (B) sales of the services described in paragraph (9) of section 201(a) of this title, and (C) sales of medicines, pharmaceuticals, and drugs not made on prescriptions of duly licensed physicians, surgeons, or other general or special practitioners of the healing art; "(2) the rate of tax shall be 5 per centum of the sales price of sales of any room or rooms, lod^ngs, or accommodations, furnished to transients by any hotel, mn, tx)urist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients; and "(3) the rate of tax shall be 5 per centum of the sales price of sales of (A) spiritous or malt liquors, beer, and wines, and (B) food for human consumption other than off the premises where such food is sold." SEC. 111. The amendments made by this title shall take effect on the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act. TITLE II—MOTOE VEHICLE E X C I S E TAX

63 Stat. 128; 50 Stat. 856. Effective date.

SEC. 201. Subsection (j) of section 6 of the District of Columbia Traffic Act, 1925 (D.C. Code, sec. 40-603(j)), is amended by striking out "3 per centum" and inserting in lieu thereof "4 per centum". SEC. 202. The amendment made by this title shall take effect on the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act.

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TITLE III — AMENDMENTS TO DISTRICT OF COLUMBIA CIGARETTE TAX ACT SEC. 301. Subsection (a) of section 603 of the District of Columbia Cigarette Tax Act (D.C. Code, sec. 47-2802(a)) is amended by striking out "3 cents" and inserting in lieu thereof "4 cents". SEC. 302. (a) Except as otherwise provided, the amendment made by section 301 shall apply with respect to cigarette tax stamps purchased on or after the effective date of this title, which shall be the first day of the first month which begins on or after the thirtieth day after the date of the enactment of this Act. (b) I n the case of cigarette tax stamps which have been purchased prior to the effective date of this title and which on such date are held (affixed to a cigarette package or otherwise) by a wholesaler, retailer, or vending machine operator, licensed under the District of Columbia Cigarette Tax Act, such licensee shall pay to the Commissioner (in accordance with subsection (c)) an amount equal to the difference between the amount of tax represented by such tax stamps on the date of their purchase and the amount of tax which an equal number of cigarette tax stamps would represent if purchased on the effective date of this title. (c) Within twenty days after the effective date of this title, each such licensee (1) shall file with the Commissioner a sworn statement (on a form to be prescribed by the Commissioner) showing the number of such cigarette tax stamps held by him as of the beginning of the day on which this title becomes effective or, if such day is a Sunday, as of the beginning of the following day, and (2) shall pay to the Commissioner the amount specified in subsection (b). (d) Each such licensee shall keep and preserve for the twelvemonth period immediately following the effective date of this title the inventories and other records made which form the basis for the information furnished to the Commissioner on the sworn statement required to be filed under this section. (e) For purposes of this section, a tax stamp shall be considered as held by a wholesaler, retailer, or vending machine operator if title thereto has passed to such wholesaler, retailer, or operator (whether or not delivery to him has been made) and if title to such stamp has not at any time been transferred to any person other than such wholesaler, retailer, or operator, (f) A violation of the provisions of subsection (b), (c), or (d) of this section shall be punishable as provided in section 611 of the District of Columbia Cigarette Tax Act (D.C. Code, sec. 47-2810).

so^ta^sse gt^^^^/^"^ '^"^ ja^"^''"^^

47^28oi'^n°(f e

Record^^P'"^

Penalty. " ^'^^- ^^s

TITLE IV — F E E S FOR MOTOR V E H I C L E R E G I S T R A T I O N A N D INSPECTION A N D FOR MOTOR V E H I C L E O P E R A TORS' PERMITS SEC. 401. Section 2 of title IV of the District of Columbia Revenue Act of 1937 (D.C. Code, sec. 40-102) is amended— (1) by striking out " $ 1 " and "50 cents" in paragraph (3) of subsection (b) (relating to fees for duplicate registration certificates and identification tags) and inserting in lieu thereof "$2" and "$1", respectively; (2) by striking out " $ 1 " in paragraph (4) of subsection (b) (relating to fees for special use certificates and identification tags) and inserting in lieu thereof "$3"; (3) by striking out "ten days" in such paragraph (4) and inserting in lieu thereof "twenty days";

64 stat, 792.

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52 Stat. 78. 7o^stat^\'o2^^' 6s%Tu\AT' 71 Stat. 598; 74 Stat. 816.

82^813^100^2°' ^^'*|^stat^^M24;

68^stat^V32^^'

PUBLIC LAW 91-106-OCT. 31, 1969

[83 STAT.

(4) by inserting immediately after "'Commissioners" in such paragraph (4) the following: ", except that in the event such certificate and tags are necessary for use in complying with vehicle inspection regulations made pursuant to the authority contained in section 7 of the Act approved February 18, 1938 (D.C. Code, g^^,^ 40-207), prior to completion of the registration of such vehicle or trailer, the fee shall be $2"; and (^) ^y striking out " $ 1 " each place it appears in subsection (d) (relating to fee for transfer of registration) and inserting in lieu thereof in each such place "$2-'. . ^^^'- ^^2- Section 3 of title IV of such Act (D.C. Code, sec. 40-103) Is amended— ^]^^ l3y inserting immediately before the period at the end of subsection (a) (relating to registration fees) the following: ", and in the event the markings on any such tag are specially ordered by the person to whom the tag is to be issued and such markings are other than those in a regular series, a reservation fee of $25 and an annual fee of $10, in addition to all other fees which may be required, shall be charged for such specially ordered t a g "; (2) by striking out '"three thousand five hundred" in the paragraph designated "Class A " of subsection (b) (relating to registration fees for passenger motor vehicles) each place it appears and inserting in lieu thereof in each such place "three thousand four hundred", and by striking out "$22" and "$32" and inserting in lieu thereof "$30" and "$50", respectively; (3) by striking out, in the paragraph designated "Class B " of subsection (b) (relating to registration fees for trucks, tractors, and certain commercial automobiles) "'$40", "$44", "$52", "$60", "$68", "$74", "$84", "$96", "$122", "$142", "$172", and "$202", and inserting in lieu thereof "$53", "$59", "$69", "$80", "$91", "$99", /'$112", "$128", "$163", "$191", "$229", and "$269", respectively; (4) by striking out, in the paragraph designated "Class C" of subsection (b) (relating to registration fees for trailers), "$8", "$12", "$20", "$32", "$46", "$60", "$74", "$92", "$122", "$152", and "$182", and inserting in lieu thereof "$11", "$16", "$27", "$43", "$61", "$80", "$99", "$123", "$163", "$203", and "$243", respectively; and (5) by striking out in subsection (d) (relating to division of registration fees between Highway Fund and General Fund) "sixty-four" and "seventy-four" and inserting in lieu thereof "forty-two" and "forty-seven", respectively. SEC. 403. The first section of the Act entitled "An Act to provide for the annual inspection of all motor vehicles in the District of Columbia", approved February 18, 1938 (D.C. Code, sec. 40-201), is amended by striking out " $ 1 " and inserting in lieu thereof "$3", SEC. 404. Section 6 of the District of Columbia Traffic Act, 1925 (j)(^_ (^Q^g^ gg^. 40-603), is amended (1) by striking out "$5" in subsection (a) (relating to fee for restoration of suspended or revoked permits and privileges) and inserting in lieu thereof "$10", and (2) by striking out " $ 1 " in subsection (d) (relating to fees for titling and retitling) and inserting in lieu thereof "$5". SEC. 405. Subsection (a) of section 7 of the District of Columbia Traffic Act, 1925 (D.C. Code, sec. 40-301 (a)), is amended (1) by striking out "$3" in paragraph (1) (relating to fee for operator's permit) and inserting in lieu thereof "$12", and by striking out in such paragraph "three years" and inserting in lieu thereof "four years"; and

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175

(2) by striking out paragraph (4) and inserting in lieu thereof the following: "(4) I n the event an operator's permit or a learner's permit issued ^°^^ °^ permit. under the authority of this section is lost or destroyed, or requires replacement for any reason other than through error or other act of the Commissioner not caused by the person to whom such permit was issued, such person may obtain a duplicate or replacement permit upon payment of a fee of $2." SEC. 406. Section 3 of the Motor Vehicle Safety Responsibility Act of the District of Columbia (D.C. Code sec. 40-419) is amended by es Stat. 121. inserting immediately before the period at the end of subsection (a) the following: ", including rules and regulations assessing reasonable fees to reimburse the District of Columbia for the cost of reinstating licenses and registrations suspended under the authority of this Act, such fees not to exceed the amount of $10 for the reinstatement of a license or registration, or botli a license and registration". SEC. 407. The amendments made by this title shall take effect on the ^^^5^'"''"^ first day of the first month which begins on or after the thirtieth day date. after the date of enactment of this Act. TITLE V—AMENDMENTS TO THE DISTRICT OF COLUMB I A A L C O H O L I C B E V E R A G E CONTROL ACT SEC. 501. (a) Clauses (4) and (5) of section 23(a) of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25124(a)) are each amended by striking out "$1.75"" and inserting in lieu thereof "$2.00". (b) Section 23(c)(1) of such Act (D.C. Code, sec. 25-124(c)(1)) is amended by striking out "tenth" and inserting in lieu thereof "fifteenth". (c)(1) The first sentence of section 40(a) of such Act (D.C. Code, sec. 25-138(a)) is amended by striking out "$2.00" and inserting in lieu thereof "$2.25". (2) Paragraph (1) of such section is amended by striking out "lOtli" and inserting in lieu thereof "15th". SEC. 502. (a) Except as otherwise provided in this title, the amendments made by section 501 shall apply with respect to— (1) alcohol, spirits, and wines imported or brought into the District of Columbia or manufactured, and (2) beer sold or purchased for resale, on and after the effective date of this title, which shall be the first day of the first month which begins on or after the thirtieth day after the date of the enactment of this Act. (b) In the case of alcohol, spirits, and beer which have been purchased prior to the effective date of this title and which on such date are held by a holder of a retailer's license, issued under the District of Columbia Alcoholic Beverage Control Act, such licensee shall pay to the Commissioner (in accordance with subsection (c)) an amount equal to the difference between the amount of tax imposed by such Act immediately prior to the effective date of this title on the amount of alcohol, spirits, and beer so held by him, and the amount of tax which would be imposed by the District of Columbia Alcoholic Beverage Control Act on such effective date on an equivalent amount of alcohol, spirits, and beer. (c) Within twenty days after the effective date of this title, each such licensee (1) shall file with the Commissioner a sworn statement (on a form to be prescribed by the Commissioner) showing the quantity of alcohol, spirits, and beer held by him as of the beginning of the

^o Stat. 8I; sostat. sss. 75 Stat. 510.

^^l Stat. 376; so Stat. sss. ^„f5®*'^

date.

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Recordkeeping.

Penalty. 48 Stat. 336.

PUBLIC LAW 91-106-OCT. 31, 1969

[83 STAT.

day on which this title becomes effective or, if such day is a Sunday, as of the beginning of the following day, and (2) shall pay to the Commissioner the amount specified in subsection (b). (^^^ Each such liceusee shall keep and preserve for the twelve-month period immediately following the effective date of this title the inventories and other records made which form the basis for the information furnished to the Commissioner on the sworn statement required to be filed under this section. (e) For purposes of this section, alcohol, spirits, and beer shall be considered as held by a holder of a retailer's license if title thereto has passed to such holder (whether or not delivery to him has been made) and if title has not at any time been transferred to any person other than such holder. ^jf^ ^ violation of the provisions of subsection (b), (c), or (d) of this section shall be punishable as provided in section 33 of the District ^f Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25-132). TITLE VI — AMENDMENTS TO THE DISTRICT OF COLUMB I A INCOME A N D F R A N C H I S E T A X ACT O F 1947

61 Stat. 332. BLs'sft"^^^^

68A Stat. 320. 1250 ^^^ ^^°^

?^p^^i 61 Stat! 335!

K^p^^i63 Stat. 130.

SEC. 601. (a) Section 4 of title I of article I of the District of Columbia lucome and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1551c) is amended as follows: (1) Paragraph (1) of such section is amended to read as follows: " (1)(1) The term 'capital asset' means property defined or treated as a capital asset under the Internal Revenue Code of 1954. "(2) For the purpose of computing for any taxable year the tax imposed under this article with respect to sales or other dispositions of property referred to in subparagraph (1), the provisions of the Internal Revenue Code of 1954 relating to the treatment of gains and losses (other than the alternative tax imposed by section 1201 of such Code) shall apply." (^) Paragraph (m) of such section is amended by inserting immediately before the colon preceding the first proviso the following: ", except that in the case of any such distribution any part of which for purposes of the income tax imposed under the Internal Revenue Code of 1954 is deemed to constitute a capital gain, such part shall be deemed to constitute a capital gain for purposes of the tax imposed by this article". (3) Paragraph (aa) of such section is repealed. (b) Title III of such article is amended as follows: (1) Section 2(a) of such title (D.C. Code, sec. 47-1557a) is amended by striking out "other than capital assets" and inserting in. lieu thereof "including capital assets". (2) Paragraph (11) of section 2(b) of such title is repealed. (3) Paragraph (4) of section 3(a) of such title (D.C. Code, sec. 47-1557b) is amended by striking out subparagraph (C) and inserting in lieu thereof the following: " (C) of property not connected with a trade or business, if such losses arise from fire, storm, shipwreck, or other casualty, or from theft, except that in the case of an individual, a loss described in this subparagraph shall be allowed only to the extent that the amount of loss to such individual arising from each casualty, or from each theft, exceeds $100. For purposes of the $100 limitation of subparagraph (C), a husband and wife making a joint return for the taxable year in which the loss is allowed as a deduction shall be treated as one individual. No loss

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described in this paragraph shall be allowed if, at the time of filing the return, such loss has been claimed for inheritance or estate tax purposes." (4) Paragraph (6) of section 3(b) of such title is repealed. ^rs^at 339 (c) Title X I of such article is amended as follows: D. c. c ode (1) Section 1 of such title (D.C. Code, sec. 47-1583) is amended to 47-15575. read as follows: 61 Stat. 350. "SEC. 1. BASIS FOR DETERMINING G A I N OR Loss.—The basis for determining the gain or loss from the sale or other disposition of property shall be the same basis as that provided for determining gain or loss under the Internal Revenue Code of 1954." (2)(A) Section 2 of such title (D.C. Code, sec. 47-1583a) is amended to read as follows: "SEC. 2. COMPUTATION OF G A I N OR Loss.—The gain or loss, as the case may be, from the sale or other disposition of property, including the amount realized and the amount recognized, shall be determined in the same manner provided for the determination of gain or loss for Federal income tax purposes under the Internal Revenue Code of 1954." (B) The item in the table of contents of such article relating to section 2 of title X I is amended to read as follows: "SEC. 2. Computation of gain or loss." (3)(A) Sections 3 and 5 of such title (D.C. Code, secs. 47-1583b, 4 7 - Repeals. 1583d) are repealed. (B) The items in the table of contents of such article relating to such sections 3 and 5 are repealed. (4) Section 6 of such title (D.C. Code, sec. 47-1583e) is amended to read as follows: "SEC. 6. DEPRECIATION.—The basis used in determining the amount allowable as a deduction from gross income under the provisions of section 3(a)(7) of title III of this article shall be the same basis as that DC. code provided for determining the gain from the sale or other disposition of '^'^•^557b. property for Federal income tax purposes under the Internal Revenue Code of 1954." SEC. 602. Paragraph (5) of section 2(b) of title III of article I of the District of Columbia Income and Franchise Tax Act of 1947 (47-1557a) is amended to read as follows: ^^ Stat. 335. "(5) COMPENSATION FOR INJURIES OR SICKNESS.—To the extent not otherw^ise specifically excluded from gross income under this title, amounts excluded from gross income under sections 104 and 105 of the Internal Revenue Code of 1954." 26 USC io4. SEC. 603. (a) Title X II of article I of the District of Columbia ^°Income and Franchise Tax Act of 1947 (D.C. Code, secs. 47-1586— 47-1586n) is amended (1) by redesignating sections 14 and 15 as ^i Stat. 352. sections 15 and 16, respectively, and (2) by inserting after section 13 the following new section: "SEC. 14. DECLARATIONS OF ESTIMATED TAX BY CORPORATIONS AND UNINCORPORATED BUSINESSES.-^ (a) DECLARATION OF ESTIMATED

TAX.—Every corporation and unincorporated business required to make and file a franchise tax return under this article shall make and file a declaration of estimated tax at such time or times and under such conditions, and shall make payments of such tax during its taxable year in such amounts and under such conditions, as the District of Columbia Council shall by regulation prescribe. I n the case of the taxable year beginning in 1970, such regulations may not require payment before the last day on which a return for such taxable year is required to be filed under section 3(a) of title V of this article of an aggregate ^^ Stat. 342. amount of estimated tax for such year in excess of one-half of such 47-15645° ^ estimated tax.

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[83 STAT.

" (b) F A I L U R E BY CORPORATION OR UNiNCORPt)RATED B U S I N E S S TO PAY ESTIMATED TAX.— (1) ADDITION TO THE TAX.—In case of any

underpayment of estimated tax by a corporation or an unincorporated business, there shall be added to the tax for the taxable year an amount determined at the rate of 6 per centum per annum upon the amount of the underpayment (determined under paragraph (2) for the period of the underpayment (determined under paragraph (3)). " (2) AMOUNT or UNDERPAYMENT.—For purposes of paragraph (1),

61 Stat. 330.

82^stat^6i^2^^'

the amount of the underpayment shall be the excess of— " (A) the amount of the installment which would be required to be paid if the estimated tax were equal to 80 per centum of the tax shown on the return for the taxable year or, if no return was filed, 80 per centum of the tax for such year, over " (B) the amount, if any, of the installment paid on or before the last date prescribed for payment. "(3) PERIOD OF UNDERPAYMENT.—The period of the underpayment shall run from the date the installment was required to be paid to whichever of the following dates is the earlier— " (A) the 15th day of the fourth month following the close of the taxable year; or " (B) with respect to any portion of the underpayment, the date on which such portion is paid. For purposes of this paragraph, a payment of estimated tax on any installment date shall be considered a payment of any previous underpayment only to the extent such payment exceeds the amount of the installment determined under paragraph (2)(A) for such installment date. "(c) OVERPAYMENT; CREDIT or TAX.—Overpayment resulting from the payment of estimated tax for a taxable year in excess of the amount determined to be due upon the filing of a franchise tax return for such taxable year may be credited against the amount of estimated tax determined to be due on any declaration filed for the next succeeding taxable year or for any deficiency or nonpayment of tax for any previous taxable year. No refund shall be made of any estimated tax paid unless a complete return is filed." (b) That part of the table of contents of such article relating to title X II is amended— (1) by inserting after the item relating to section 13 the following: "SEC. 14. Declarations of estimated tax by corporations and unincorporated businesses. " (a) Declaration of estimated tax. " (b) Failure by corporation or unincorporated business to pay estimated tax. " (1) Addition to the tax. " (2) Amount of underpayment. " (3) Period of underpayment. " (c) Overpayment; credit of tax."; (2) by striking out "SEC. 14" and inserting in lieu thereof "SEC. 15"; and (3) by striking out "SEC. 15" and inserting in lieu thereof "SEC. 16". SEC. 604. (a)(1) Section 2 of title VII of article I of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1571a) is amended by adding at the end thereof the following new sentence: "The minimum tax payable shall be $25.00."

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(2) Section 3 of title VIII of such article (D.C. Code, sec. 47-lo74b) ^^ VtTeu'^'' is amended by adding at the end thereof the following new sentence: "The minimum tax payable shall be $25.00." (b) Title X IV of such article is amended as follows: (1 j Section 1 of such title (D.C. Code, sec. 47-1591) is amended by 71 Stat. 6 0 6. striking out subsection (a), and by striking out " (b) ". (2) Section 7 of such title (D.C. Code, sec. 47-1591f) is amended to read as follows: "SEC. 7. PENALTY FOR FAILURE To OBTAIN LICENSE.—Any person who violates section 1 of this title shall be fined not more than $300,,^^;^;,^°'^^ and each day that such violation continues shall constitute a separate 47-1591. offense. All prosecutions under this section shall be brought in the District of Columbia Court of General Sessions on information by the Corporation Counsel or any of his assistants in the name of the District," SEC. 605. (a) Title VI of article I of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, secs. 47-1567— 47-1567d) is amended by adding at the end thereof the following new 61 Stat. 343. section: "SEC. 6. CREDIT FOR SALES TAX PAID.—

" (a)(1) For the purpose of providing relief to certain low-income residents of the District for sales tax paid on purchases of groceries, there shall be allowed to an individual a credit against the tax (if any) imposed by this article in an amount detennined m accordance with the following table: "If the adjusted gross The credit shall be the product income i s: of the number of personal exemptions allowed an individual on his return under section 2 of this title times— "Not over $2,000 $6.00. "Over $2,000, but not over $4,000 $4.00. "Over $4,000, but not over $6,000 $2.00. "(2) For purposes of paragraph (1), in determining the number of personal exemptions allowed an individual on his return under section 2 of this title— .P:9:S°'^^ 47-1567a. " (A) there shall be excluded any exemption based on age or blindness, " (B) there shall be included one additional exemption in any case in which an exemption of $2,000 is allowed for a head of family or a married person living with husband or wife, and " (C) there shall be excluded any exemption for any person who is an inmate or resident patient of a publicly owned and operated institution for an aggregate or more than 183 days of the taxable year. "(b) If the amount of credit allowed an individual by subsection (a) for a taxable year exceeds the amount of tax (computed without regard to such subsection but after allowance of any other credit allowable under this article) imposed under this article on such individual for such taxable year a refund shall be allowed such individual to the extent that such credit exceeds the amount of such tax. "(c) No credit (or refund) shall be allowed to an individual under this section unless— "(1) such individual files a return under this article for a taxable year of not less than twelve months,

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A'7^i^^A^.°'^^ 4 / - 1 5 0 4 to

47-1564c.

Effective dates.

PUBLIC LAW 91-106-OCT. 31, 1969

[83 STAT.

"(2) such individual maintained his place of abode within the District for the entire taxable year of twelve months, and "(3)(A) in the case of an individual who is required to file a return under title V, a return is filed by such individual within the .

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time prescribed m section 3 oi such title, or " (B) in the case of an individual who is not required to file a return under such title, a return is filed by such individual under this section not later than the fifteenth day of the fourth month following the close of such taxable year. I n the case of an individual described in paragraph (3)(B), the Commissioner may grant a reasonable extension of time (but not more than six months) for filing a return under this section whenever in the Commissioner's judgment good cause exists therefor. " (d)(1) A husband and wife filing separate returns for a taxable year for which a joint return could have been made by them may claim between them only the total credit (or refund) to which they would have been entitled under this section had a joint return been filed. "(2) No individual for whom a personal exemption was allowed on another individual's return shall be entitled to a credit (or refund) under this section." (b) The table of contents of such article is amended by adding at the end of the part of such table relating to title VI the following: "SEC. 6. Credit for sales tax paid." SEC. 606. The amendments made by sections 601, 602, and 604(a) of this title shall apply with respect to taxable years beginning after December 31, 1968. The amendments made by sections 603 and 605 of this title shall be effective with respect to taxaWe years beginning after December 31, 1969. The amendments made by section 604(b) of this title shall apply with respect to calendar years beginning after December 31, 1969. SEC. 607. Nothing in the amendments made by this title shall be construed to have the effect— (1) of increasing or decreasing the amount of District of Columbia income or franchise tax determined for any taxable year beginning before January 1, 1969, or (2) of authorizing or requiring in the determination of District of Columbia income or franchise tax for any taxable year beginning after December 31, 1968, the inclusion in gross income of any gain, or the deduction from gross income of any loss, from the sale or other disposition in a taxable year beginning before January 1, 1969, of any property. TITLE VII—FEDERAL PAYMENT AUTHORIZATION

80 Stat. 857; 82 Stat. 612. Law enforce-

ment, appropriation.

SEC. 701. Section 1 of article VI of the District of Columbia Revej^^^ j^^i of ^947 ( D. c. Qode, sec. 47-2501a) is amended (1) by striking ^^^,, j ^ ^ ^ ^^^ ^^g^,, ^^^ inserting in lieu thereof "June 30, 1970", and (2) by striking out "the sum of $90,000,000" and inserting in lieu thereof "not to exceed $105,000,000". gj;c. 702. For the fiscal year ending June 30, 1970, there is authorized to be appropriated to the District of Columbia, in addition to any other amounts authorized to be appropriated to the District of Columbia for such fiscal year, not to exceed $5,000,000 to enable it to undertake new law enforcement programs authorized by law after the date of the enactment of this Act or to otherwise increase the effectiveness of law enforcement in the District of Columbia.

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181

TITLE VIII—GENERAL PROVISIONS SEC. 801. The office of Director of Public Safety in the Executive Office of the Commissioner of the District of Columbia (created by Organization Order Numbered 8, dated April 18, 1968) is abolished, No funds appropriated for the government of the District of Columbia and no grant or loan by any department or agency of the United States Government to the government of the District of Columbia may be used to establish any similar office in the goverimient of the District of Columbia to carry out any of the functions delegated to the Director of Public Safety by such order. SEC. 802. During the fiscal year ending June 30, 1970, no person shall be appointed— (1) as a full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 41,500; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year. SEC. 803. No funds may be appropriated for any fiscal year under article VI of the District of Columbia Revenue Act of 1947 (D.C. Code, secs. 47-2501a—47-2501b) until the President of the United States has reported to the Congress that (1) the District of Columbia government has begun work on each of the projects listed in section 23(b) of the Federal-Aid Highway Act of 1968 and has committed itself to complete those projects, or (2) the District of Columbia government has not begun work on each of those projects, or made or carried out that commitment, solely because of a court injunction issued in response to a petition filed by a person other than the District of Columbia or any agency, department, or instrumentality of the United States. SEC, 804. Except as otherwise provided in this title, nothing in this Act, or any amendments made by this Act, shall be construed to affect the authority vested in the Commissioner of the District of Columbia or the authority vested in the District of Columbia Council by Reorganization Plan Numbered 3 of 1967. The performance of any function vested by this Act in the Commissioner of the District of Columbia or in any office or agency under his jurisdiction and control, or in the District of Columbia Council, may be delegated by the Commissioner or by the Council, as the case may be, in accordance with the provisions of such Plan. SEC. 805. (a) The repeal or amendment by this Act of any proviPI

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sion oi Jaw shall not anect any other provision of Jaw, or any act done or any right accrued or accruing under such repealed or amended law, or any suit or proceeding had or commenced in any civil cause before repeal or amendment of such law; but all rights and liabilities under such repealed or amended law shall continue, and shall be enforced in the same manner and to the same extent, as if such repeal or amendment had not been made.

.o^jce of ^ pubiic°sa°fety, abolishment.

amZttr^"*

Restriction on ^PP^°P"-"°"«^"'«' P- ^^°82 Stat. 827.

D^C^*C*ode'title i app.

separability

orovision provision..

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PUBLIC LAW 91-107-NOV. 4, 1969

[83 STAT

(b) I n the case of any offense committed or penalty incurred under any provision of law repealed or amended by this Act, such offense may be prosecuted and punished and such penalty may be enforced in the same manner and with the same effect as if this Act had not been enacted. Approved October 31, 1969.

Public Law 91-107 November 4, 1969 [H. R. 9857]

Perishable Agricultural Commodities Act, 1930, amendment. 76 Stat. 673.

AN ACT To amend the provisions of the Perishable Agricultural Commodities Act, 1930, to authorize an increase in license fee, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (6) of the first section of the Perishable Agricultural Commodities Act, 1930, as amended (7 U.S.C. 499a(6)), is amended by striking out "$90,000" and inserting in lieu thereof "$100,000''. SEC. 2. Paragraph (7) of the first section of such Act (7 U.S.C. 499a (7)) is amended by striking out "$90,000" and inserting in lieu thereof "$100,000". SEC. 3. The third sentence of section 3(b) of such Act (7 U.S.C. 499c(b)) is amended by striking out "$50" and inserting in lieu thereof "$100". Approved November 4, 1969.

Public Law 91-108 November 4, 1969

[H. R. 11609]

Great Smoky Mountains National Park, N.C. Construction authorization. 16 USC 403h12.

AN

ACT

rp^ amend the Act of September 9, 1963, authorizing the construction of an entrance road at Great Smoky Mountains National Park in the State of North. Carolina, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act approved September 9, 1963 (77 Stat. 154), authorizing the construction of an entrance road at Great Smoky Mountains National Park in the State of North Carolina, is amended— (1) by striking out, in the first sentence of section 1, the words "on North Carolina Highway Numbered 107 close to its point of interchange with Interstate Route Numbered 40, near Hepco, North Carolina, to the eastern boundary of the park in the vicinity of the Cataloochee section, and to accept, on behalf of the United States, donations of land and interests in land for the construction of the entrance road, and to construct the entrance road on the donated land:" and inserting in lieu thereof the words: "near the intersection at White Oak Church of North Carolina Routes Numbered 1338 and 1346 to the eastern boundary of the park in the vicinity of the Cataloochee section, and to accept, on behalf of the United States, donations of land and interests m land for the construction of the entrance road together with the necessary interchange with said Routes 1338 and 1346, and to construct the entrance road and the interchange on the donated land:"; (2) by striking out the words "four and two-tenths" and "five hundred and twenty-five" in the proviso of section 1 and inserting in lieu thereof the words: "five and two-tenths" and "six hundred and fifty", respectively; and

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PUBLIC LAW 91-110-NOV. 6, 1969

183

(3) by striking out the figure "$1,160,000" in section 2 and ^7 Stat. iss. inserting in lieu thereof the words: "$2,500,000 (1969 prices), 13'^ "^"^ ^°^^" plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein". Approved November 4, 1969.

Public Law 91-109 AN ACT

To amend the Act entitled "An Act to provide for the establishment of the Frederick Douglass home as a part of the park system in the National Capital, and for other purposes", approved September 5, 1962.

November 6, 19 69

[H. R. 5968]

Be it enacted by the Senate and Home of Representatives of the United States of America in Congress assemhJed. That section 4 of the Frederick Act entitled "An Act to provide for the establishment of the Frederick °"^ ^^^ Douglass home as a part of the park system in the National Capital, and for other purposes", approved September 5, 1962 (76 Stat. 435), is amended to read as follows: "SEC. 4. There are authorized to be appropriated such sums, but not Appropriation. more than $413,000, as may be needed for the restoration and development of buildings and grounds at Cedar Hill." Approved November 6, 1969.

Public Law 91-110 AN ACT

To authorize and direct the Secretary of Agriculture to execute a subordination agreement with respect to certain lands in Lee County, South Carolina.

November 6, 1969

[H. R. 9946]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Board of of Agriculture is authorized and directed to execute and deliver to the ^^L^ee^^co'^nty, Board of Education of T^e County, South Carolina, its successors and s.c. assigns, an agreement subordinating all right, title, and interest of the L and s. United States of America in and to the land hereinafter described to a lien or liens to be executed by the said Board of Education of Lee County, South Carolina, its successors or assigns for the financing of consolidated public school improvements on the said land, which consists of those tracts of land, situate in said Lee County, South Carolina, containing eleven parcels, five of said parcels being more particularly described in a deed dated December 14, 1945, from the United States conveying said parcels to the State Superintendent of Education for the State of Soutli Carolina, recorded in the land records of the office of the Clerk of Courts for Lee County, South Carolina, in deed book H - 1, page 388, and six of said parcels being more particularly described in a deed dated July 15, 1946, from the United States to the State Superintendent of Education for the State of South Carolina, and recorded in the land records of the office of the Clerk of Courts for Lee County, South Carolina, in deed book J - 1, page 288. Approved November 6, 1969.

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PUBLIC LAW 91-111-NOV. 6, 1969

[83 STAT.

Public Law 91-111 November 6, 1969

JOINT

RESOLUTION

[H. J. Res. 910] To declare a national day of prayer and concern for American servicemen being held prisoner in North Vietnam.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That November 9, 1969, be declared a national day of prayer and concern on behalf of the American servicemen being held prisoner by the North Vietnamese. Approved November 6, 1969.

Public Law 91-112 November 6, 1969 [S. 210]

Indians of the P u e b l o of Laguna, N. Mex. Lands held in trust.

AN ACT To declare that certain federally owned lands are held by the United States in trust for the Indians of the Pueblo of Laguna.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all right, title, and interest of the United States in and to the following described federally owned lands and all improvements thereon, situated in Valencia and Sandoval Counties, New Mexico, which were acquired for school, sanatorium, clinic, agency, or other administrative purposes, are hereby declared to be held by the United States in trust for the Pueblo of Laguna: Antonio Sedillo Grant administrative site situated in unsurveyed sections 2, 11,12, and 14, township 8 north, range 3 west. New Mexico principal meridian, and more particularly described as beginning at center of west line of section 11, thence south along same section line approximately one-sixteenth mile to a point where a fence line ties on to west line of same section; thence southeasterly along said fence line approximately one mile through the southwest quarter and southeast quarter section 11, and to a point in the northeast quarter section 14 where said fence corners; thence in a northeasterly direction along same fence line through sections 14, 11, and 12 to a point where said fence ties on to a mesa rim; thence in a northeasterly direction along mesa rim to a point where same mesa rim turns in an easterly direction; thence north approximately fifty yards to a water gap on Rio San Jose in northwest quarter section 12; thence in a northwesterly direction through the northwest quarter section 12, northeast quarter section 11 and southeast quarter section 2 to a point where channel of Rio San Jose turns westerly; thence along said channel of Rio San Jose westerly, southwesterly and northwesterly approximately one mile to a point of intersection of said channel with the west line of section 2; thence south along west lines of sections 2 and 11, township 8 north, range 3 west, to point of beginning, containing 640 acres, more or less. Bernabe M. Montano Grant administrative site described as the southwest quarter section 7 and northwest quarter section 18, township 12 north, range 1 west. New Mexico principal meridian, containing 320 acres, more or less. Laguna Sanatorium site situated in sections 4 and 5, township 9 north, range 5 west. New Mexico principal meridian, described in quitclaim deed dated June 7, 1923, from the Pueblo of Laguna to the United States of America, as follows: From the southeast corner

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of the school tract, north 32 degrees 15 minutes east 6.47 chains to the southwest corner of the addition; thence south 57 degrees 45 minutes east 4.00 chains to the southeast corner; thence north 21 degrees 57 minutes east 7.00 chains; thence north 77 degrees 09 minutes east 6.05 chains; thence north 13 degrees 39 minutes east 3.87 chains; thence north 7 degrees 33 minutes east 9.47 chains to the northeast corner; thence north 82 degrees 27 minutes west 1.97 chains to the northwest corner; thence south 32 degrees 15 minutes west 22.62 chains to the place of beginning, containing 9.90 acres more or less. Government excluded tract that was excepted and excluded from United States !E*atent Numbered 89,316 dated November 15, 1909, to the Pueblo of Laguna covering the Pueblo of Laguna grant in townships 9 and 10 north, ranges 5 and 6 west, New Mexico principal meridian, described as beginning at a point 72 feet westwardly from the center of the main line of the Santa Fe Pacific Railroad and 75 feet northwardly from Robert G. Marmon's north fence; thence north 32 degrees 16 minutes east on a line parallel to the railroad, 21 chains 47 links to the northeast corner, which is a mound of stone; thence north 57 degrees 45 minutes west, 15 chains to the northwest corner which is a pile of stone; then south 32 degrees 15 minutes west, 21 chains 47 links to the southwest corner, which is a point; thence south 57 degrees 45 minutes east, 15 chains to the southeast corner and place of beginning, containing 32.20 acres, more or less. Encinal School site (acquired by condemnation in case numbered 1604, equity, in the United States District Court in the District of New Mexico), situated in section 3, township 10 north, range 6 west. New Mexico principal meridian, and more particularly described as follows: The place of beginning is a point located north 44 degrees 40 minutes east a distance of 1,300.0 feet and thence north 56 degrees 15 minutes east a distajice of 232.0 feet from the southwest section corner of section 3, township 10 north, range 6 west. From said place of beginning line runs north a distance of 335.1 feet; thence east 260.0 feet; thence south 335.1 feet; thence west 260.0 feet to point of beginning, and contains 2 acres, more or less. Laguna Day School site (acquired through condemnation proceedings in United States District Court in the District of New Mexico, case numbered 2895; final decree filed May 19, 1937), consisting of two parcels described as follows: Parcel numbered 1 situated in section 5, township 9 north, range 5 west. New Mexico principal meridian, lying south of and adjacent to the United States Government excluded tract situated in said section, and more particularly described as beginning at the northeast corner of parcel numbered 1, which corner is located on the south boundary of the said United States Government excluded tract, and bears north 57 decrees 45 minutes west 212.7 feet from the southeast corner of the said United States GOAernment excluded tract, and running thence north 57 degrees 45 minutes west 210 feet, more or less, along the south boundary of the said United States Government excluded tract to the northwest corner of said certain tract; thence south 32 degrees 16 minutes west 173.3 feet, more or less, to the southwest comer, thence south 54 degrees 06 minutes east 197.7 feet to the southeast comer; thence north 36 degrees 03 minutes east 188.9 feet, more or less, to the point of beginning, containing 0.83 acres, more or less. Parcel numbered 2 situated in section 5, township 9 north, range 5 west, New Mexico principal meridian, lying south of and adjacent to the United States Government excluded tract situated in said section, and more particularly described as beginning at the

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[83 STAT.

northwest corner of parcel numbered 2, which corner is located at the intersection of the south boundary of the United States Government excluded tract with the south right-of-way line of United States Highway Numbered 66 and bears north 57 degrees 45 minutes west 503 feet, more or less, from the southeast corner of the said United States Government excluded tract, and running thence south 57 degrees 45 minutes east 81 feet, more or less, to the northeast corner of said tract; thence south 32 degrees 16 minutes west 173.2 feet to the southeast corner of said tract; thence north 54 degrees 06 minutes west 227 feet, more or less, to the southwest corner, which corner is a point on the south rightof-way line of United States Highway Numbered 66; thence following a 3-degree 5.2-minute curved line curving to the right and following the said south right-of-way line of Highway Numbered 66 a distance of 217 feet, more or less, to the point of beginning, containing 0.61 acres, more or less. Paguate School site (acquired by condemnation in case numbered 125, in the United States District Court in the District of New Mexico; judgment rendered July 5, 1912), situated in section 33, township 11 north, range 5 west, New Mexico principal meridian, and more particularly described as beginning at the 11th mile corner on the north ' boundary of the Paguate purchase; thence south 34 degrees 20 minutes west, a distance of 36.25 chains; thence south 3 degrees 50 minutes east, a distance of 32.00 chains; thence south 17 degrees 41 minutes east, a distance of 95.18 chains to the southwest corner of the lot; thence south 77 degrees 15 minutes east, a distance of 3.395 chains; thence north 10 degrees 43 minutes east, a distance of 3.82 chains; thence north 89 degrees 38 minutes west, a distance of 2.175 chains; thence south 30 degrees 40 minutes west, a distance of 0.67 chains; thence north 82 degrees 33 minutes west, a distance of 1.06 chains; thence south 9 degrees 54 minutes west, a distance of 2.613 chains to the southwest corner, containing 1.11 acres, more or less. Mesita School site (acquired by condemnation in case numbered 86; judgment rendered June 3, 1912), situated in section 18, township 9 north, range 4 west. New Mexico principal meridian, and more particularly described as beginning at the southwest corner of the school site, which is north 1 degree east a distance of 3 miles 24.6 chains from the stajidard corner of township 9 north, ranges 4 and 5 west, New Mexico principal meridian; thence south 84 degrees 46 minutes east, a distance of 4.00 chains; thence north 5 degrees 14 minutes east 2.50 chains; thence north 84 degrees 46 minutes west 4.00 chains; thence south 5 degrees 14 minutes west 2.50 chains to point of beginning, containing 1 acre, more or less. Paraje School site described as south half northwest quarter northwest quarter southeast quarter section 33, township 10 north, range 6 west, New Mexico principal meridian, containing 5 acres, more or less. Seama Government site described as northwest quarter southwest quarter southwest quarter northwest quarter section 6, township 9 north, range 6 west. New Mexico principal meridian, containing 2.50 acres, more or less. Seama School site (acquired by condemnation in case numbered 1604, equity), situated in section 36, township 10 north, range 7 west. New Mexico principal meridian, and more particularly described as follows: The place of beginning is a point on the one-sixteenth subdivision line 1,251.3 feet west from the east one-sixteenth corner of the southeast quarter section 36, township 10 north, range 7 west. New

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PUBLIC LAW 91-113-NOV. 6, 1969

Mexico principal meridian. From said place of beginning, line runs west on said one-sixteenth subdivision line for a distance of 208.7 feet; thence north 417.4 feet; thence east 208.7 feet; thence south 417.4 feet to place of beginning, containing 2 acres, more or less. SEC. 2. This conveyance is subject to all valid existing rights-ofway of record; and to the right of the United States Public Health Service to continue use and occupancy of that property, presently in use by it, for so long as is necessary. SEC. 3. The Indian Claims Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of any lands and improvements placed in a trust status under the authority of this Act should or should not be set off against any claim against the United States determined by the Commission. Approved November 6, 1969.

187

Rights- •ofway. Public Health Service occupancy.

25 USC; 7Cla.

Public Law 91-113 AN ACT To amend the Federal Hazardous Substances Act to protect children from toys and other articles intended for use by children which are hazardous due to the presence of electrical, mechanical, or thermal hazards, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1, This Act may be cited as the "Child Protection and Toy Safety Act of 1969;-. SEC. 2. (a) Section 2(f) 1 of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(1)) is amended by adding at the end thereof the following: " (D) Any toy or other article intended for use by children which the Secretary by regulation determines, in accordance with section 3(e) of this Act, presents an electrical, mechanical, or thermal hazard." (b) Section 3 of such Act (15 U.S.C. 1262) is amended by adding at the end thereof the following new subsection: " (e)(1) A determination by the Secretary that a toy or other article intended for use by children presents an electrical, mechanical, or thermal hazard shall be made by regulation in accordance with the procedures prescribed by section 553 (other than clause (B) of the last sentence of subsection (b) of such section) of title 5 of the United States Code unless the Secretary elects the procedures prescribed by subsection (e) of section 701 of the Federal Food, Drug, and Cosmetic Act, in which event such subsection and subsections (f) and (g) of such section 701 shall apply to the making of such determination. If the Secretary makes such election, he shall publish that fact with the proposal required to be published under paragraph (1) of such subsection (e). "(2) If, before or during a proceeding pursuant to paragraph (1) of this subsection, the Secretary finds that, because of an electrical, mechanical, or thermal hazard, distribution of the toy or other article involved presents an imminent hazard to the public health and he, by order published in the Federal Kegister, gives notice of such finding, such toy or other article shall be desmed to be a banned hazardous substance for purposes of this Act until the proceeding has been completed. If not yet initiated when such order is published, such a proceeding shall be initiated as promptly as possible.

November 6, 1969 [S. 16 89]

Child Protection and Toy Safety Act of 1969. 74 Stat. 372.

Regulations.

80 Stat. 383. 70 Stat. 919. 52 Stat. 1055. 21 USC 371.

Notice of finding.

Publication in Federal Register.

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 188 Filing of petition. 80 Stat. 383.

72 Stat. 941. Hearing; additional evidence.

Modification of findings.

Judicial review.

80 Stat. 393.

62 Stat. 928. 80 Stat. 1304. 15 USC 1261.

Hazards. 74 Stat. 372. Electrical.

Mechanical.

PUBLIC LAW 91-113-NOV. 6, 1969

[83 STAT.

"(3)(A) In the case of any toy or other article intended for use by children which is determined by the Secretary, in accordance with section 553 of title 5 of the United States Code, to present an electrical, mechanical, or thermal hazard, any person who will be adversely affected by such a determination may, at any time prior to the 60th day after the regulation making such determination is issued by the Secretar}^, file a petition with the United States Court of Appeals for the circuit in which such person resides or has his principal place of business for a judicial review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary shall file m the court the record of the proceedings on which the Secretary based his determination, as provided in section 2112 of title 28 of the United States Code. " (B) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary in a hearing or in such other manner, and upon such terms and conditions, as to the court may seem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. " (C) Upon the filing of the petition under this paragraph, the court shall have jurisdiction to review the determination of the Secretary in accordance with subparagraphs (A), (B), (C), and (D) of paragraph (2) of the second sentence of section 706 of title 5 of the United States Code. If the court ordered additional evidence to be taken under subparagraph (B) of this paragraph, the court shall also review the Secretary's determination to determine if, on the basis of the entire record liefore the court pursuant to subparagraphs (A) and (B) of this paragraph, it is supported by substantial evidence. If the court finds the determination is not so supported, the court may set it aside. With respect to any determination reviewed under this paragraph, the court may grant appropriate relief pending conclusion of the review proceedings, as provided in section 705 of such title. " (D) The judgment of the court affirming or setting aside, in whole or in part, any such determination of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28 of the United States Code." (c) The proviso in section 2(q)(1) of such Act is amended by inserting "or necessarily present an electrical, mechanical, or thermal hazard" after "hazardous substance involved". (d) Section 2 of such Act is amended by adding at the end thereof the following: " (r) An article may be determined to present an electrical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture may cause personal injury or illness by electric shock. " (s) An article may be determined to present a mechanical hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness (1) from fracture, fragmentation, or disas-

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PUBLIC LAW 91-113-NOV. 6, 1969

sembly of the article, (2) from propulsion of the article (or any part or accessory thereof), (3) from points or other protrusions, surfaces, edges, openings, or closures, (4) from moving parts, (5) from lack or insufficiency of controls to reduce or stop motion, (6) as a result of self-adhering characteristics of the article, (7) because the article (or any part or accessory thereof) may be aspirated or ingested, (8) because of instability, or (9) because of any other aspect of the article's design or manufacture. " (t) An article may be determined to present a thermal hazard if, in normal use or when subjected to reasonably foreseeable damage or abuse, its design or manufacture presents an unreasonable risk of personal injury or illness because of heat as from heated parts, substances, or surfaces." SEC. 3. (a) Subparagraph 1(A) of section 2(f) of the Federal Hazardous Substances Act (15 U.S.C. 1261 (f)(1)(A)) is amended by inserting "or combustible" after "flammable". (b) Section 2(1) of such Act (15 U.S.C. 1261 (1)) is amended— (1) by striking out "and the term" and inserting in lieu thereof "the term"; (2) by inserting before the semicolon the following: ", and the term 'combustible' shall apply to any substance which has a flash point above eighty degrees Fahrenheit to and including one hundred and fifty degrees, as determined by the Tagliabue Open Cup Tester"; (3) by inserting "or combustibility" after "flammability"; and (4) by inserting ", 'combustible'," after "the terms 'flammable' ". (c) Section 2(p)(l)(E) of such Act (15 U.S.C. 1261 (p)(l)(E)) is amended by inserting " 'Combustible,' " after " 'Flammable,' ". SEC. 4. (a) The Federal Hazardous Substances Act is amended by redesignating sections 15, 16, 17, and 18 as sections 16, 17, 18, and 19, respectively, and by inserting after section 14 the following newsection: a. E P U R C H A S E OF B A N N E D HAZARDOUS R

SUBSTANCES

"SEC. 15. (a) In the case of any article or substance sold by its manufacturer, distributor, or dealer which is a banned hazardous substance (whether or not it was such at the time of its sale), such article or substance shall, in accordance with regulations of the Secretary, be repurchased as follows: " (1) The manufacturer of any such article or substance shall repurchase it from the person to whom he sold it, and shall— " (A) refund that person the purchase price paid for such article or substance, " (B) if that person has repurchased such article or substance pursuant to paragraph (2) or (3), reimburse him for any amounts paid in accordance with that paragraph for the return of such article or substance in connection with its repurchase, and " (C) if the manufacturer requires the return of such article or substance in connection with his repurchase of it in accordance with this paragraph, reimburse that person for any reasonable and necessary expenses incurred in returning it to the manufacturer. "(2) The distributor of any such article or substance shall repurchase it from the person to whom he sold it, and shall— " (A) refund that person the purchase price paid for such article or substance, " (B) if that person has repurchased such article or substance pursuant to paragraph (3), reimburse him for any amounts paid in accordance with that paragraph for the return of such article or substance in connection with its repurchase, and

Thermal.

74 Stat. 372. 74 Stat. 373.

74 Stat. 380. 15 USC 1261 note s, 401 note.

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 190

"Manufacturer.'

74 Stat. 380. 15 USC 1261 note. 15 USC 401 note.

Effective date.

PUBLIC LAW 91-114-NOV. 10, 1969

[83

STAT.

" (C) if the distributor requires the return of such article or substance in connection with his repurchase of it in accordance with this paragraph, reimburse that person for any reasonable and necessary expenses incurred in returning it to the distributor. "(3) I n the case of any such article or substance sold at retail by a dealer, if the person who purchased it from the dealer returns it to him, the dealer shall refund the purchaser the purchase price paid for it and reimburse him for any reasonable and necessary transportation charges incurred in its return. "(b) For the purposes of this section, (1) the term 'manufacturer' includes an importer for resale, and (2) a dealer who sells at wholesale an article or substance shall with respect to that sale be considered the distributor of that article or substance." (b)(1) Subsection (a) of the section of such Act redesignated as section 18 is amended by striking out "section 18'' and inserting in lieu thereof "section 19". (2) The section of such Act redesignated as section 19 is amended by striking out "section 1 6 (b) " and inserting in lieu thereof "section 17(b)". SEC. 5. The amendments made by this Act shall take effect on the sixtieth day following the date of the enactment of this Act. Approved November 6, 1969.

Public Law 91-114 November 10, 1969

[H.R. 337]

Federal employees. Per diem allowance, increase. 80 Stat. 498.

70 Stat. 360; 75 Stat. 340.

^N

ACT

To increase the niaxiiuiim rate of per diem allowance for employees of the Government traveling on official business, 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 5702 of title 5, United States Code, is amended by striking out "$16" and inserting in lieu thereof "$25, by striking out "$30" and inserting in lieu thereof "$40", and by striking out "$10" and inserting in lieu thereof "$18". SEC. 2. Section 5703 of title 5, United States Code, is amended by striking out "$16" and inserting in lieu thereof "$25, by striking out "$30 and inserting in lieu thereof "$40", and by striking out "$10" and inserting in lieu thereof "$18. SEC. 3. The seventh paragraph under the heading "Administrative Provisions'' in the Senate section of the Legislative Branch Appropriation Act, 1957 (2 U.S.C. 68b), is amended by striking out "$16" and inserting in lieu thereof "$25", and by striking out "$30", and inserting in lieu thereof "$40". Approved November 10, 1969.

Public Law 9 M 1 5 November 10, 1969 [S. 73]

Rosebud Sioux Indian Reservation, S. Dak. Lands. Foreclosure or sale proceedings.

AN ACT To amend the Act entitled "An Act to authorize the sale and exchange of isolated tracts of tribal land on the Rosebud Sioux Indian Reservation, South Dakota". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of December 11, 1963 (77 Stat. 349), Public Law 88-196, entitled "An Act to authorize the sale and exchange of isolated tracts of tribal land on the Rosebud Sioux Indian Reservation, South Dakota", be and the same is hereby amended by adding a section 3 reading as follows:

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191

"SEC. 3. Any land mortgaged under section 2 of this Act shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of South Dakota. For the purpose of any foreclosure or sale proceeding, the Rosebud Sioux Tribe shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the foreclosure or sale proceeding, and any conveyance of the land pursuant to the foreclosure or sale proceeding shall divest the United States of title to the land. Title to any land redeemed or acquired by the Rosebud Sioux Tribe at such foreclosure or sale proceeding shall be taken in the name of the United States in trust for the tribe. Title to any land purchased by an individual Indian member of the Rosebud Sioux Tribe at such foreclosure sale or proceeding may, with the consent of the Secretary of the Interior, be taken in the name of the United States in trust for the individual Indian purchaser." SEC. 2. The Act of December 11, 1963 (77 Stat. 349), Public Law 88-196, entitled "An Act to authorize the sale and exchange of isolated tracts of tribal land on the Rosebud Sioux Indian Reservation, South Dakota", is further amended by adding a section 4 reading as follows: "SEC. 4. The provisions of this Act shall not apply to the foreclosure of a mortgage or a deed of trust which is then owned by an individual Indian." Approved November 10, 1969.

Public Law 91-116 JOINT RESOLUTION

November 13, 1969

To increase the appropriation authorization for the food stamp program for [H. J. Res. 934] tiscal year 1970 to $610,000,000. Resolved by the Senate and House of Representatives of the United /States of America in C&ngress assemhJed^ That section 16(a) of the Food Stamp Act of 1964 is amended by striking "$340,000,000" and ^s Stat. 709; inserting "$610,000,000". \%%c 2025. Approved November 13, 1969.

Public Law 91-117 JOINT RESOLUTION

November 14, 1969

Making further continuing appropriations for the liscal year 1970, and for other purposes.

[H. j. Res. 966]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the following sums,,„^°"iT="A'^!,= /

,

t7

^

1

&

^

appropriations,

are appropriated out of any money in the Treasury not otherwise 1970. appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1970, namely: SEC. 101. (a) Such amounts as may be necessary for continuing projects or activities which were conducted in the fiscal year 1969 and are listed in this subsection at a rate for operations not in excess

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 192

82 Stat 1120. 82 Stat. 694. 82 Stat 1137. 82 Stat. 864. 82 Stat. 654.

82 Stat. 956.

82 Stat. 1320. 22 USC 2751 note.

82 Stat. 969.

82 Stat. 969. ^stat^'78V^^' 20 USC 241c.

PUBLIC LAW 91-117-NOV. 14, 1969

[83 STAT.

of the fiscal year 1969 rate or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority— activities for which provision was made in the Department of Defense Appropriation Act, 1969; activities for which provision was made in the District of Columbia Appropriation Act, 1969; activities for which provision was made in the Foreign Assistance and Related Agencies Appropriation Act, 1969; activities for which provision was made in the Military Construction Appropriation Act, 1969; activities for which provision was made in the Department of Transportation Appropriation Act, 1969; activities (except for the National Council on Indian Opportunity) for which provision was made under section 307 of the Independent Offices and Department of Housing and Urban Development Appropriation Act, 1969; activities of the Civil Aeronautics Board; activities of the Interstate Commerce Commission; activities under the Foreign Military Credit Sales Act; and activities of the Office of Economic Opportunity and "Development of Programs for the Aging" for which provision was made in the Departments of Labor, and Health, Education, and Welfare Appropriation Act, 1969. (b)(1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution) which were conducted in the fiscal year 1969 and for which appropriations, funds, or other authority would be available in the following Appropriation Acts for the fiscal year 1970: Department of Agriculture and Related Agencies Appropriation Act; Independent Offices and Department of Housing and Urban Development Appropriation Act; Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act; Legislative Branch Appropriation Act; Public Works for Water, Pollution Control, and Power Development and Atomic Energy Commission Appropriation Act; and Departments of Labor, and Health, Education, and Welfare Appropriation Act: Provided, That not to exceed $8,100,000 shall be available from the appropriation for the fiscal year 1970, granted under the heading "Elementary and secondary educational activities" in the Departments of Labor, and Health, Education, aud Welfare Appropriation Act, 1969, for use by the Department of the Interior under section 103(a)(1)(A) of the Elementary and Secondary Education Act of 1965, as amended. (2) Appropriations made by this subsection shall be available to the extent and in the maimer which would be provided by the pertinent appropriation Act. (3) Whenever the amount which wauld be made availabk or the authority which would be granted undm* a» Act Visaed in this subsection as passed by the House is different from that which would be available or granted under such Act as passed by the Senate, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority. (4) Whenever an Act listed in this subsection has been passed by only one House or where an item is included in only one version of an Act as passed by both Houses, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the fiscal

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PUBLIC LAW 91-117-NOV. 14, 1969

year 1969 rate or the rate permitted by the action of the one House, whichever is lower: Provided, That in the case of activities for which appropriations would be available to the Office of Education under the Act making appropriations for the Departments of Labor, and Health, Education, and Welfare for the fiscal year 1970, as passed by the House, the amount available for each such activity shall be the amount provided therefor by the House action: Provided, That projects or activities for which disbursements are made by the Secretary of the Senate, and Senate items under the Architect of the Capitol, shall continue at the rate, to the extent, and in the manner permitted by the action of the one House: Provided further, That no provision which is included in an appropriation Act enumerated in this subsection but which was not included in the applicable Appropriation Act for 1969, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in this joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and Senate. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) December 6, 1969, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in subsection (d)(2) of section 3679 of the Revised Statutes, as amended, but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds or to permit the use, including the expenditure, of appropriations, funds, or authority in any manner which would contravene the provisions of title IV of the Second Supplemental Appropriation Act, 1969. SEC. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity which was not being conducted during the fiscal year 1969. SEC. 107. Any appropriation for the fiscal year 1970 required to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of pay increases granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of section 3679, Revised Statutes, as amended. SEC. 108. This joint resolution shall take effect November 1, 1969. Approved November 14, 1969.

193

3i use ees.

^"'^' P- 82.

^i use ees.

Effective date.

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PUBLIC LAW 91-118-NOV. 18, 1969

[83 STAT.

Public Law 91-118 November 18, 1969

[H. R. 10595]

AN ACT

To amend the Act of August 7, 1956 (70 Stat. 1115), as amended, providing for a Great Plains conservation program.

Be it enacted by the Senate and House of Representatives of the tion and°Domes^-" United States of America in Congress assembled, That section tic Allotment 16(b)(1) of the Soil Conservation and Domestic Allotment Act, as ment.^"^"'^" amended, is amended to read as follows: 70 Stat. 1115. "(1) the Secretary is authorized, within the amounts of such Gre^^*pia^in^ appropriations as may be provided therefor, to enter into conconservation tracts of not to exceed ten years with owners and operators of program. land iu the Great Plains area having such control as the Secretary determines to be needed of the farms, ranches, or other lands covered thereby; but such contracts shall be entered into with respect to lands, other than farms or ranches, only where erosion is so serious as to make such contracts necessary for the protection of farm or ranch lands. Such contracts shall be designed to assist farm, ranch, or other land owners or operators to make, in orderly progression over a period of years, changes in their cropping systems or land uses which are needed to conserve, develop, protect, and utilize the soil and water resources of their farms, ranches, and other lands and to install the soil and water conservation measures and carry out the practices needed under such changed systems and uses. Such contracts may be entered into during the period ending not later than December 31, 1981, with respect to farms, ranches, and other lands in counties in the Great Plains area of the States of Colorado, Kansas, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota, Texas, and Wyoming, designated by the Secretary as susceptible to serious wind erosion by reason of their soil types, terrain, and climatic and other factors. The land owner or operator shall furnish to the Secretary a plan of farming operations or land use which incorporates such soil and water conservation practices and principles as may be determined by him to be practicable for maximum mitigation of climatic hazards of the area in which such land is located, and which outlines a schedule of proposed changes in cropping systems or land use and of the conservation measures which are to be carried out on the farm, ranch, or other land during the contract period to protect the farm, ranch, or other land from erosion and deterioration by natural causes. Such plan may also include practices and measures for (a) enhancing fish and wildlife and recreation resources, (b) promoting the economic use of land, and (c) reducing or controlling agricultural related pollution. Inclusion in the farm plan of these practices shall be the exclusive decision of the land owner or operator. Approved conservation plans of land owners and operators developed in cooperation with the soil and water conservation district in which their lands are situated shall form a basis for contracts. Under the contract the land owner or operator shall agree— " (i) to effectuate the plan for his farm, ranch, or other land substantially in accordance with the schedule outlined therein unless any requirement thereof is waived or modified by the Secretary pursuant to paragraph (3) of this subsection; "(ii) to forfeit all rights to further payments or grants under the contract and refund to the United States all payments or grants received thereunder upon his violation of the contract at any stage during the time he has control of the land if the Secretary, after considering the recommendations

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PUBLIC LAW 91-118-NOV. 18, 1969

195

of the soil and water conservation district board, determines that such violation is of such a nature as to warrant termination of the contract, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the contract; "(iii) upon transfer of his right and interest in the farm, ranch, or other land during the contract period to forfeit all rights to further payments or grants under the contract and refund to the United States all payments or grants received thereunder unless the transferee of any such land agrees with the Secretary to assume all obligations of the contract; "(iv) not to adopt any practice specified by the Secretary in the contract as a practice which would tend to defeat the purposes of the contract; " (v) to such additional provisions as the Secretary determines are desirable and includes in the contract to effectuate the purposes of the program or to facilitate the practical administration of the program. "In return for such agreement by the landowner or operator the Cost sharing. Secretary shall agree to share the cost of carrying out those conservation practices and measures set forth in the contract for which he determines that cost sharing is appropriate and in the public interest. The portion of such cost (including labor) to be shared shall be that part which the Secretary determines is necessary and appropriate to effectuate the physical installation of the conservation practices and measures under the contract;" Termination of SEC. 2. Section 16(b)(2) of said Act is amended to read: contract. "(2) the Secretary may terminate any contract with a land 70 Stat. 1116. owner or operator by mutual agreement with the owner or opera- 16 USC 590p. tor if the Secretary determines that such termination would be in the public interest, and may agree to such modification of contracts previously entered into as he may determine to be desirable to carry out the purposes of the program or facilitate the practical administration thereof or to accomplish equitable treatment with respect to other similar conservation, land use, or commodity programs administered by the Secretary;" Appropriation. SEC. 3. Section 16(b)(7) of said Act is amended, to read: "(7) there is hereby authorized to be appropriated, without fiscal year limitations, such sums as may be necessary to carry out this subsection: Provided, That the total cost of the program (excluding administrative costs) shall not exceed $300,000,000, and for any program year payments shall not exceed $25,000,000. The funds made available for the program under this subsection may be expended without regard to the maximum payment limitation and small payment increases required under section 8(e) of this 34. Act, and may be distributed among States without regard to 52 Stat. 590h. 16 USC distribution of funds formulas of section 15 of this Act. The 49 Stat. 1151; program authorized under this subsection shall be in addition to, 68 stat! 908. and not in substitution of, other programs in such area authorized ^^ ^^^ 5^°"^by this or any other Act." Approved November 18, 1969.

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PUBLIC LAW 91-119-NOV. 18, 1969

[83 STAT.

Public Law 91-119 November 18, 1969

[H.R. 11271]

AN ACT

TQ authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby Administration authorized to be appropriated to the National Aeronautics and Space Authorization Act, Administration: Research and (a) For "Rescarch and development," for the following proNational Aero ^ nautics and Space

development.

DTaTTlS *

(1) Apollo, $1,691,100,000; (2) Space flight operations, $225,627,000; (3) Advanced missions, $2,500,000; (4) Physics and astronomy, $117,600,000; (5) Lunar and planetary exploration, $138,800,000; (6) Bioscience, $20,400,000; (7 \ Space applications, $128,400,000; ^8) Launch vehicle procurement, $112,600,000; (9) Sustaining university program, $9,000,000; (10) Space vehicle systems, $27,500,000; (11) Electronics systems, $33,550,000; (12) Human factor systems, $22,100,000; (13) Basic research, $20,250,000; (14) Space power and electric propulsion systems, $36,950,000; (15) Nuclear rockets, $50,000,000; (16) Chemical propulsion, $22,850,000; (17) Aeronautical vehicles, $77,700,000; (18) Tracking and data acquisition, $278,000,000; (19) Technology utilization, $5,000,000. (\,\ YoY "Construction of facilities," including land acquisi-

Construction of facilities.

Research and program manage-

.V..O..W..C...O v=me^nt." ^ ° "''" f ^'^°^^^'" speci^^^ ^°"^'

^•

j! n

tions, as lollows: (1) Electronics Research Center, Cambridge, Massachusetts $8,088,000; (2) Goddard Space Flight Center, Greenbelt, Maryland, $670,000; (3) John F. Kennedy Space Center, NASA, Kennedy Space Center, Florida, $12,500,000; (4) Langley Research Center, Hampton, Virginia, $4,767,000; (5) Manned Spacecraft Center, Houston, Texas, $1,750,000; (6) Wallops Station, Wallops Island, Virginia, $500,000; (7) Various locations, $26,425,000; (8) Facility planning and design not otherwise provided for, $3,500,000. (*^) ^^^ " R e s e a r c h and program m a n a g e m e n t, " $637,400,000. (d) Appropriations for "Research and development" may be used (1) for any items of a capital nature (other than acquisition of land) which may be required for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nc«i{)rofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities; and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and

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PUBLIC LAW 91-119-NOV. 18, 1969

space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds appropriated for "Research and development" pursuant to this Act may be used for construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. (e) When so specified in an appropriation Act, (1) any amount appropriated for "Research and development" or for "Construction of facilities" may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the "Research and program management" appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) No part of the funds appropriated pursuant to subsection 1 (c) for maintenance, repairs, alterations, and minor construction shall be used for the construction of any new facility the estimated cost of which, including collateral equipment, exceeds $100,000. (h) No part of the funds appropriated pursuant to subsection (a) of this section may be used for grants to any nonprofit institution of higher learning unless the Administrator or his designee determines at the time of the grant that recruiting personnel of any of the Armed Forces of the United States are not being barred from the premises or property of such institution except that this subsection shall not apply if the Administrator or his designee determines that the grant is a continuation or renewal of a previous grant to such institution which is likely to make a significant contribution to the aeronautical and space activities of the United States. The Secretary of Defense shall furnish to the Administrator or his designee within sixty days after the date of enactment of this Act and each January 30 and June 30 thereafter the names of any nonprofit institutions of higher learning which the Secretary of Defense determines on the date of each such report are barring such recruiting personnel from premises or property of any such institution. (i) Notwithstanding any other provision of law, authorizations to the National Aeronautics and Space Administration, enacted for fiscal years 1967, 1968, and 1969, for which appropriations have not been made, totaling $327,070,000, are hereby canceled, effective June 30, 1969, or the date of this Act, whichever is later. SEC. 2. Authorization is hereby granted whereby any of the amounts prescribed in paragraphs (1), (2), (3), (4), (5), (6), and (7) of subsection 1(b) may, in the discretion of the Administrator of the National Aeronautics and Space Administration, be varied upward

qi _inn r» _ '70

197

Notice to congressional committees.

Scientific consultations.

Funds, limitation.

Grants, prohibition.

Report to Administrator,

Previous authorizations, cancellation.

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Transfer of funds.

Report to congressional committees.

Use of funds, restrictions.

Notice to congressional committees.

PUBLIC LAW 91-119-NOV. 18, 1969

[83 STAT.

0 per centum to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs. SEC. 3. Not to exceed one-half of 1 per centum of the funds appropriated pursuant to subsection 1(a) hereof may be transferred to the "Construction of facilities" appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (8) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next authorization Act would be inconsistent wath the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost thereof including the cost of any real estate action pertaining thereto, and (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the eifect that such committee has no objection to the proposed action. SEC. 4. Notwithstanding any other provision of this Act— (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Astronautics or the Senate Committee on Aeronautical and Space Sciences, (2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SEC. 5. It is the sense of the Congress that it is in the national interest that consideration be given to geographical distribution of Federal

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