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33

SEC. 21. Section 8a (3) of the Commodity Exchange Act, as amended ^^^pfisTon!"" (7 U.S.C. 12a(3)), is amended by inserting the following at the beginning thereof after " (3) ": "in accordance with the procedure provided for in paragraph (b) of section 6 of this Act, to suspend or revoke the registration of any person registered under this Act if cause exists under subparagraph (2)(B) or (C) which would warrant a refusal of registration of such person, and". SEC. 22. Section 8a (4) of the Commodity Exchange Act, as amended shares^"*^ (7 U.S.C. 12a (4)), is amended by deleting the phrase "and for copies "" ^g^sta't. 535. of registration certificates" appearing therein. SEC. 23. Section 8a of the Commodity Exchange Act, as amended (7 U.S.C. 12a), is further amended as follows: ^9 Stat. 1501. (a) By deleting the word "and" at the end of paragraph (5) and substituting a semicolon for the period at the end of paragraph (6) and adding thereafter the word "and"; and (b) By adding after paragraph (6) the following new paragraph: ^^g!^"'^' '^^^^P"(7) to disapprove any bylaw, rule, regulation, or resolution ^"^""^ ' made, issued or proposed by a contract market or by the governing board thereof or any committee which relates to terms and conditions in contracts of sale to be executed on or subject to the rules of such contract market or relates to other trading requirements, when he finds that such bylaw, rule, regulation, or resolution violates or will violate any of the provisions of this Act, or any of the rules, r e f l a t i o n s, or orders of the Secretary of Agriculture or the commission thereunder." SEC. 24. The Commodity Exchange Act, us.amended, is amended ^i^L^ion^ ^^" by adding after section 8a thereof (7 U.S.C. 12a) the following new section: "SEC. 8b. I t shall be unlawful for any person, against whom there is outstanding any order of the Secretary of Agriculture prohibiting him from trading on or subject to the rules of any contract market, to make or cause to oe made in contravention of such order, any contract for future delivery of any commodity, on or subject to the rules of any contract market." SEC. 25. Section 9 of the Commodity Exchange Act, as amended (7 Penalties. U.S.C. 13), is amended to read as follows: 49 stat^ 150°°^' "SEC. 9. (a) I t shall be a felony punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both, together with the costs of prosecution, for any futures commission merchant, or any employee or agent thereof, to embezzle, steal, purloin, or with criminal intent convert to his own use or the use of another, any money, securities, or property having a value in excess of $100, which was received by such commission merchant to margin, guarantee, or secure the trades or contracts of any customer of such commission merchant or accruing to such customer as the result of such trades or contracts. The word 'value' as used in this paragraph means face, "vaiue." par, or market value, or cost price, either wholesale or retail, whichever is greater. " (b) It shall be a felony punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both, together with the costs of prosecution, for any person to manipulate or attempt to manipulate the price of any commodity in interstate commerce, or for future delivery on or subject to the rules of any contract market, or to corner or attempt to corner any such commodity, or knowingly to deliver or cause to be delivered for transmission through the mails or in interstate commerce by telegraph, telephone, wireless, or other means of communication false or misleading or knowingly inaccurate reports concerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate commerce.

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42 Stat. 998.

7 USC 1.

Responsibility as principal.

Minor violations.

Savings c l a u s e.

Effective date.

PUBLIC LAW 90-259-MAR. 1, 1968

[82 STAT.

"(c) Except as provided in paragraphs (a) and (b) of this section, it shall be a misdemeanor punishable by a fine of not more than $10,000 or imprisonment for not more than one year, or both, together with the costs of prosecution, for any person to violate the provisions of section 4, section 4a, section 4b, section 4c, section 4d, section 4e, section 4h, section 4i, or section 8b, or to fail to evidence any contract mentioned in section 4 of this Act by a record in writing as therein required," SEC. 26. The Commodity Exchange Act, as amended, is further amended by adding thereto a new section 13 to read as follows: "SEC. 13. (a) Any person who commits, or who willfully aids, abets, counsels, commands, induces, or procures the commission of, a violation of any of the provisions of this Act, or any of the rules, regulations, or orders issued pursuant to this Act, or who acts in combination or concert with any other person in any such violation, or who willfully causes an act to be done or omitted which if directly performed or omitted by him or another would be a violation of the provisions of this Act or any of such rules, regulations, or orders may be held responsible in administrative proceedings under this Act for such violation as a principal. " (b) Nothing in this Act shall be construed as requiring the Secretary of Agriculture or the commission to report minor violations of this Act for prosecution, whenever it appears that the public interest does not require such action." SEC. 27. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby, and the provisions of the section of the Commodity Exchange Act, as amended, which is amended by such provision of this Act shall apply to such person or circumstances. Pending proceedings shall not be abated by reason of any provision of this Act out shall be disposed of pursuant to the provisions of the Commodity Exchange Act, as amended, in effect prior to the effective date of this Act. SEC. 28. This Act shall become effective one hundred and twenty days after enactment. Approved February 19, 1968. Public Law 90-259

March 1, 1968 [S.1124]

Fire Research and Safety Act of 1968.

AN ACT To amend the Qrgaaic Act of the National Bureau of Standards to authorize a fire research and safety program, and for other purposes. Be it enacted by the Senate mid House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Fire Research and Safety Act of 19i58".

TITLE I—FIRE RESEARCH AND SAFETY PROGRAM DECLARATION OF POLICY

SEC. 101. The Congress finds that a comprehensive fire research and safety program is needed in this country to provide more effective measures of protection against the hazards of death, injury, and damage to property. The Congress finds that it is desirable and necessary for the Federal Government, in carrying out the provisions of this title, to cooperate with and assist public and private agencies. The Congress declares that the purpose of this title is to amend the

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


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PUBLIC LAW 90-259-MAR. 1, 1968

Act of March 3, 1901, as amended, to provide a national fire research and safety program including the gathering of comprehensive fire data; a comprdiensive fire research program; fire safety education and training programs; and demonstrations of new approaches and improvements in fire prevention and control, and reduction of death, personal injury, and property damage. Additionally, it is the sense of Congress that the Secretary should establish a fire research and safety center for administering tnis title and carrying out its purposes, including appropriate fire safety liaison and coordination. AUTHORIZATION OF PROGRAM

SEC. 102. The Act entitled "An Act to establish the National Bureau of Standards", approved March 3, 1901, as amended (15 U.S.C. 27l-278e), is further amended by adding the following sections: ^i Stat. 1449. "SEC. 16. The Secretary of Commerce (hereinafter referred to as the 'Secretary') is authorized to— " (a) Conduct directly or through contracts or grants— " (1) investigations of fires to determine their causes, frequency of occurrence, severity, and other pertinent factors; "(2) research into the causes and nature of fires, and the development of improved methods and techniques for fire prevention, fire control, and reduction of death, personal injury, and property damage; "(3) educational programs to— " (A) inform the public of fire hazards and fire safety techniques, and " (B) encourage avoidance of such hazards and use of such techniques; "(4) fire information reference services, including the collection, analysis, and dissemination of data, research results, and other information, derived from this program or from other sources and related to fire protection, fire control, and reduction of death, personal injury, and property damage; "(5) educational and training programs to improve, among other things— " (A) the efficiency, operation, and organization of fire services, and " (B) the capability of controlling unusual fire-related hazards and fire disasters; and "(6) projects demonstrating— " (A) improved or experimental programs of fire prevention, fire control, and reduction of death, personal injury, and property damage, " (B) application of fire safety principles in construction, or " (C) improvement of the efficiency, operation, or organization of the fire services. " (b) Support by contracts or grants the development, for use by educational and other nonprofit institutions, of— "(1) fire safety and fire protection engineering or science curriculums; and "(2) fire safety courses, seminars, or other instructional materials and aids for the above curriculums or other appropriate curriculums or courses of instruction. "SEC. 17. With respect to the functions authorized by section 16 of this Act— " (a) Grants may be made only to States and local governments. Eligibility for other non-Federal public agencies, and nonprofit institutions. Such s""^"*^a grant may be up to 100 per centum of the total cost of the project

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"State."

"Public agencies.f» Federal agencies, reimbursement.

Cooperation.

Rules and regulations.

Reports.

PUBLIC LAW 90-259-MAR. 1, 1968

182 STAT.

for which such grant is made. The Secretary shall require, whenever feasible, as a condition of approval of a grant, that the recipient contribute money, facilities, or services to carry out the purpose for w4iich the grant is sought. For the purposes of this section, 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, and the Trust Territory of the Pacific Islands; and 'public agencies' includes combinations or groups of States or local governments. "(b) The Secretary may arrange with and reimburse the heads of other Federal departments and agencies for the performance of any such functions, and, as necessary or appropriate, delegate any of his powers under this section or section 16 of this Act with respect to any {)art thereof, and authorize the redelegation of such powers. "(c) The Secretary may perform such functions without regard to section 3648 of the Revised Statutes (31 U.S.C. 529). " (d) The Secretary is authorized to request any Federal department or agency to supply such statistics, data, program reports, and other materials as he deems necessary to c any out such functions. Each such department or agency is authorized to cooperate with the Secretary and, to the extent permitted by law, to furnish such materials to the Secretary. The Secretary and the heads of other departments and agencies engaged in administering programs related to fire safety shall, to the maximum extent practicable, cooperate and consult in order to insure fully coordinated efforts. "(e) The Secretary is authorized to establish such policies, standards, criteria, and procedures and to prescribe such rules and regulations as he may deem necessary or appropriate to the administration of such functions or this section, including rules and regulations which— "(1) provide that a grantee will from time to time, but not less often than annually, submit a report evaluating accomplishments of activities funded under section 16, and "(2) provide for fiscal control, sound accounting procedures, and periodic reports to the Secretary regarding the application of funds paid under section 16." NOlSriNTERFERENCE WITH EXISTING FEDERAL PROGRAMS

SEC. 103. Nothing contained in this title shall be deemed to repeal, supersede, or diminish existing authority or responsibility of any agency or instrumentality of the Federal Government. AUTHORIZATION OF APPROPRIATIONS

SEC. 104. There are authorized to be appropriated, for the purposes of this Act, $5,000,000 for the period ending June 30, 1970. TITLE II — N A T I O N A L COMMISSION ON F I R E P R E V E N T I O N A N D CONTROL FINDINGS AND PURPOSE

SEC. 201. The Congress finds and declares that the growing problem of the loss of life and property from fire is a matter of grave national concern; that this problem is particularly acute in the Nation's urban and suburban areas where an increasing proportion of the population resides but it is also of national concern in smaller communities and rural areas; that as population concentrates, the means for controlling and preventing destructive fires has become progressively more com-

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plex and frequently beyond purely local capabilities; and that there IS a clear and present need to explore and develop more effective fire control and fire prevention measures throughout the country in the light of existing and foreseeable conditions. I t is the purpose of this title to establish a commission to undertake a thorough study and investigation of this problem with a view to the formulation of recommendations whereby the Nation can reduce the destruction of life and property caused by fire in its cities, suburbs, communities, and elsewhere. ESTABLISHMENT OF COMMISSION

SEC. 202. (a) There is hereby established the National Commission on Fire Prevention and Control (hereinafter referred to as the "Commission") which shall be composed of twenty members as follows: the Secretary of Commerce, the Secretary of Housing and Urban Development, and eighteen members appointed by the President. The individuals so appointed as members (1) shall be eminently well qualified by training or experience to carry out the functions of the Commission, and (2) shall be selected so as to provide representation of the views of individuals and organizations of all areas of the United I States concerned with fire research, safety, control, or prevention, including representatives drawn from Federal, State, and local governments, industry, labor, universities, laboratories, trade associations, and other interested institutions or organizations. Not more than six members of the Commission shall be appointed from the Federal Government. The President shall designate the Chairman and Vice Chairman of the Commission. (b) The Commission shall have four advisory members composed of— (1) two Members of the House of Representatives who shall not be members of the same political party and who shall be appointed by the Speaker of the House of Representatives, and (2) two^ Members of the Senate whoshall not be members of the same political party and who shall be appointed by the President of the Senate. The advisory members of the Commission shall not participate, except in an advisory capacity, in the formulation of the findings and recommendations of the Commission. (c) Any vacancy in the Commission or in its advisory membership vacancies. shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. D U T I E S OF THE COMMISSION

SEC. 203. (a) The Commission shall undertake a comprehensive study and investigation to determine practicable and effective measures for reducing the destructive effects of fire throughout the country in addition to the steps taken under sections 16 and 17 of the Act of March 3, 1901 (as added by title I of this Act). Such study and investigation shall include, without being limited to— (1) a consideration of ways in which fires can be more effectively prevented through technological advances, construction techniques, and improved inspection procedures; (2) an analysis of existing programs administered or supported by the departments and agencies of the Federal Government and of ways in which such programs could be strengthened so as to lessen the danger of destructive fires in Government-assisted housing and in the redevelopment of the Nation's cities and communities:

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PUBLIC LAW 90-259-MAR. 1, 1968

[82 STAT.

(3) an evaluation of existing fire suppression methods and of ways for improving the same, including procedures for recruiting and soliciting the necessary personnel; (4) an evaluation of present and future needs (including longterm needs) of training and education for fire-service personnel; (5) a consideration of the adequacy of current fire communication techniques and suggestions for the standardization and improvement of the apparatus and equipment used in controlling fires; (6) an analysis of the administrative problems affecting the efficiency or capabilities of local fire departments or organizations; and (7) an assessment of local, State, and Federal responsibilities in the development of practicable and effective solutions for reducing fire losses. (b) I n carrying out its duties under this section the Commission shall consider the results of the functions carried out by the Secretary of Commerce under sections 16 and 17 of the Act of March 3, 1901 (as added by title I of this Act), and consult regularly with the Secretary in order to coordinate the work of the Commission and the functions carried out under such sections 16 and 17. dent and c'or-'^^^' ^^^ "^^^ Commission shall submit to the President and to the Congress, gress a report with respect to its findings and recommendations not later than two years after the Commission has been duly organized. POWERS A N D ADMINISTRATIVE

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Stat. 443, 5 USC 5101, ^^3 ^ •

PROVISIONS

SEC. 204. (a) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this title, hold hearings, take testimony, and administer oaths or affirmations to witnesses appearing before the Commission or any subcommittee or member thereof. (b) Each- department, agency, and instrumentality of the executive branch of the Government, including an independent agency, is authorized to furnish to the Commission, upon request made by the Chairman or Vice Chairman, such information as the Commission deems necessary to carry out its functions under this title, (c) Subject to such rules and regulations as may be adopted by the Commission, the Chairman, without regard to the provisions of title 5, United States Code, governing appointments in the competitive serv2(jg^ ^^^ without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, shall have the power— (1) to appoint and fix the compensation of such staff personnel as he deems necessary, and (2) to procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. C O M P E N S A T I O N OF M E M B E R S

SEC. 205. (a) Any member of the Commission, including a member appointed under section 202(b), who is a Member of Congress or in the executive branch of the Government shall serve without compensation in addition to that received in his regular employment, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by him in connection with the performance of duties vested in the Commission. (b) Members of the Commission, other than those referred to in subsection (a), shall receive compensation at the rate of $100 per day

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39

for each day they are engaged in the performance of their duties as members of the Commission and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Commission. EXPENSES OF THE COMMISSION

SEC. 206. There are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this title. EXPIRATION or THE COMMISSION

SEC. 207. The Commission shall cease to exist thirty days after the submission of its report under section 203(c). Approved March 1, 1968.

Public Law 90-260 AN ACT To provide for credit to the Kings River W a t e r Association and others for excess payments for the years 1954 and 1955.

March 2, 1968 [s.2402]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary of,„ ^'"^f ^'"^'" ,

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the Interior shall credit outstanding obligations or all members of the tion. Kings River Water Association incurred pursuant to the master agreement among the members and the association and the United States dated December 30, 1963, and the Alta Irrigation District, Consolidated Irrigation District, Fresno Irrigation District, Kings River Water District and Tulare Lake Canal Company pursuant to agreements dated-December 23, 1963, in a total amount of $1,098,597.92 representing excess payments over their share of the operation and maintenance charges of Pine Flat Reservoir, Kings River, California, during the years 1954 and 1955. Such amount shall be credited to the total repayment obligation and not to the annual installments thereof. Approved March 2, 1968. Public Law 90-261 AN ACT To amend section 2 of the Migratory Bird Conservation Act.

March 2, 1968 [s.2447]

Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled, That section 2 of the Migratory Bird Migratory Bird Conservation Act is amended by striking out "the Sec- amendment°" " ' retary of Commerce" and inserting in lieu thereof "the Secretary of 45 Stat. 1222. Transix)rtation". 16 USC yisa. Approved March 2, 1968.

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PUBLIC LAW 90-262-MAR. 4, 1968

[82 STAT,

Public Law 90-262 March 4, 1968

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-^N ACT

To authorize an exchange of lands at Acadia National Park, Maine.

Be if enacted by the Senate and House of Representatives of the Acadia National United States of America in Congress assembled, That the Secretary Park, Maine LandTxchange. of the Interior may, in his discretion, accept title to certain land in the town of Bar Harbor, Hancock County, Maine, held by the Jackson Laboratory, a nonprofit corporation organized and existing under the laws of the State of Maine, said land being more particularly described as follows: Beginning at a stone bound set in the ground in the southerly side of State Highway Numbered 3 leading from Bar Harbor to Seal Harbor, said stone bound also marking the northeasterly corner of land of the United States of America and the northwesterly corner of land of the Jackson Laboratory; thence north 72 degrees 58 minutes east and following the southerly side of State Highway Numbered 3, 80 feet to a stone bound set in the ground; thence south 32 degrees 13 minutes east 762.5 feet to an iron pin set in the ledge; thence north 88 degrees 16 minutes east 270.54 feet to a stone bound set in the ground in the southerly side of the old Morrell P a r k Racetrack; thence north 61 degrees 56 minutes east 673.2 feet to an iron pipe driven in the ground, said iron pipe also being in a northwesterly line of land of the United States of America; thence south 24 degrees 30 minutes west and always following a northwesterly line of land of the United States of America, 149 feet to an iron pipe driven in the ground; thence south 64 degrees 05 minutes west and always following a northwesterly line of land of the United States of America, 577 feet to a stone bound set in the ground; thence south 78 degrees 50 minutes west and always following a northerly line of land of the United States of America, 115 feet to an iron pin in a large boulder; thence north 84 degrees 00 minutes west and always following a northerly line of land of the United States of America, 357 feet to an iron pin in the ledge; thence north 22 degrees 40 minutes west and always following a northeasterly line of land of the United States of America, 460 feet to an iron pin in the ledge; thence north 14 degrees 05 minutes west and always following an easterly line of land of the United States of America, 281.7 feet to the point of beginning, and containing 4.828 acres. Said land, upon acceptance of title thereto, shall become a part of the Acadia National Park. SEC. 2. I n exchange for the conveyance to the United States of the land described in section 1 of this Act, the Secretary of the Interior may convey to the Jackson Laboratory all right, title, and interest of the United States in and to the following described land in the town of Bar Harbor, Hancock County, Maine, more particularly described as follows: Beginning at a stone bound set in the ground in the southeasterly side line of State Highway Numbered 3 leading from Bar Harbor to Seal Harbor, said stone lK)und marking the northeasterly corner of lot formerly belonging to the trustees of Louise D. Morrell, now owned by the Jackson Laboratory; said stone bound also marking the northwesterly corner of land belonging to the United States of America;

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 CHAPTER XXI

ON THE TRAIL

" the matter, Tom?" asked Mr. Sharp, as the lad came hurrying along the roof, having taken the precaution to fasten the scuttle door as well as he could. "You seem excited."

"So would you, if you had heard what I did."

"What? You don't mean that some of the gang is down there?"

"Yes, and what's more I'm on the trail of the thieves who robbed the Shopton Bank of the seventy-five thousand dollars!"

"No! You don't mean it!"

"I certainly do."

"Then we'd better tell Mr. Damon. He's in the cabin."

"Of course I'll tell him. He's as much concerned as I am. He wants to be vindicated. Isn't it great luck, though?"

"But you haven't landed the men yet. Do you Rh

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PUBLIC LAW 90-E62-MAR. 4, 1968

thence in a northeasterly direction but always following the southeasterly side line of State Highway Numbered 3, 31.0 feet to a point which marks the northwesterly corner of land belonging to the Jackson Laboratory; thence south 23 degrees 40 minutes east and always following a southwesterly line of land belonging to the Jackson Laboratory, 603 feet, more or less, to a point in the old road originally leading to the Bear Brook Campground; thence south 71 degrees 04 minutes east 20 feet, more or less, to a stone bound set in the ground in a southwesterly line of land belonging to the Jackson Laboratory; thence following the same course; namely, south 71 degrees 04 minutes east and always following a southwesterly line of land belonging to the Jackson Laboratory, 183.2 feet to a stone bound set in the ground; thence north 84 degrees 46 minutes east and always following a southeasterly line of land belonging to the Jackson Laboratory, 89.9 feet to a stone bound set in the ground in the northwesterly side of an old crossroad leading from the old Campground Road to State Highway Numbered 3; thence north 23 degrees 16 minutes east and following a southeasterly line of land belonging to the Jackson Laboratory, 160.0 feet to an angle in said line; thence north 9 degrees 16 minutes east and following a southeasterly line of land belonging to the Jackson Laboratory, 79 feet to an angle point in said line; thence north 20 degrees 31 minutes east and following a southeasterly line of land belonging to the Jackson Laboratory, 445 feet to a stone bound set in the ground; thence following the same course; namely, north 20 degrees 31 minutes east and following a southeasterly line of land belonging to the Jackson Laboratory, 888.38 feet to a stone bound set in the ground; said stone bound marking the northeasterly corner of land belonging to the Jackson Laboratory and the southeasterly corner of a lot of land belonging to the United States of America; thence in a general easterly direction 38 feet more or less to a point in the westerly side Ime of the Schooner Head Road so called; thence in a general southerly direction and always following the westerly side line of the Schooner Head Road, 202 feet more or less to a stone bound set in the ground; thence south 20 degrees 31 minutes west across the land of the United States of America, 1,164 feet to a point in said line, said last described line being 100 feet distant from and parallel with the southeasterly line of land of the Jackson Laboratory; thence following the same course; namely, south 20 degrees 31 minutes west across the land belonging to the United States of America, 137.3 feet to a stone bound set in the ground; thence south 61 degrees 56 minutes west across the land belonging to the United States of America, 617.6 feet to an iron pipe driven in the ground, said iron pipe being in a southeasterly line of land formerly belonging to the trustees of Louise D. Morrell and now belonging to the Jackson Laboratory; thence north 24 degrees 30 minutes east and following a southeasterly line of last mentioned land, 277 feet to an iron pipe driven in the ground; thence following an easterly line of land belonging to the Jackson Laboratory along a curve to the left, 111 feet, the radius of said curve being 373 feet;

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PUBLIC LAW 90-263-MAR. 11, 1968

[82 STAT.

thence north 23 degrees 40 minutes west and always following a northeasterly line of land belonging to the Jackson Laboratory, said land belonging formerly to the trustees of Louise D. Morrell, 492 feet to the point of beginning, and containing 4.632 acres. The conveyance of title to the lands described in this section shall eliminate them from the Acadia National Park. Approved March 4, 1968.

Public Law 90-263 March 11, 1968 t^^- ^227]

D. C j recording of l i e n s.

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AN ACT To provide that a judgment or decree of the United States District Court for the District of Columbia shall not constitute a lien until filed and recorded in the office of the Recorder of Deeds of the District of Columbia, 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 first sentence of subsection (a) of section 15-101 of the District of Columbia Code is amended to read as follows:

80 Stst 1 1 77

80.^I.^^^V.126; Stat. 1178.

"Except as provided by subsection (b) of this section, every final judgment or final decree for the payment of money rendered in the— " (1) United States District Court for the District of Columbia; or " (2) District of Columbia Court of General Sessions— when filed and recorded in the office of the Recorder of Deeds of the District of Columbia, is enforceable, by execution issued thereon, for the period of twelve years only from the date when an execution might first be issued thereon, or from the date of the last order of revival thereof." SEC. 2. (a) Subsection (a) of section 15-102 of the District of Columbia Code is amended to read as follows: «(a) Each— "(1) final judgment or decree for the payment of money rendered in the United States District Court for the District of Columbia, or the District of Columbia Court of General Sessions, from the date such judgment or decree is filed and recorded in the office of the Recorder of Deeds of the District of Columbia, and "(2) recognizance taken by the United States District Court for the District of Columbia, or the District of Columbia Court of General Sessions, from the date the entry or order of forfeiture of such recognizance is filed and recorded in the office of the Recorder of Deeds of the District of Columbia, shall constitute a lien on all the freehold and leasehold estates, legal and equitable, of the defendants bound by such judgment, decree, or recognizance, in any land, tenements, or hereditaments in the District of Columbia, whether the estates are in possession or are reversions or remainders, vested or contingent. Such liens on equitable interests may be enforced only by an action to foreclose." SEC. 3. Section i5-311 of the District of Columbia Code is amended to read as follows: "§15-311. Property subject to levy "The writ of fieri facias may be levied on all goods and chattels of the debtor not exempt from execution, and upon money, bills, checks, promissory notes, or bonds, or certificates of stock in corporations owned by the debtor, and upon his money in the hands of the marshal or his deputy or other officer or person charged with the execution of the writ. A writ of fieri facias issued from the United States District

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PUBLIC LAW 90-264-MAR. 12, 1968

82 STAT. 1

Court for the District of Columbia or the District of Columbia Court of General Sessions upon a judgment entered in such court may be levied on all legal leasehold and freehold estates of the debtor in land, but only after such judgment has been filed and recorded in the office of the Recorder of Deeds of the District of Columbia." SEC. 4. (a) The amendments made by the first section and section 2 of this Act shall apply only with respect to judgments or decrees rendered in, or recognizances declared forfeited by, the United States District Court for the District of Columbia on and after April 1, 1968. (b) The amendment made by section 3 of this Act shall apply only with respect to writs of fieri facias issued by the United States District Court iov the District of Columbia on and after April 1, 1968. Approved March 11, 1968.

Effective dates.

Public Law 90-264 AN ACT To supplement the purposes of the Public Buildings Act of 1959 (73 Stat. 479), by authorizing agreements and leases with respect to certain properties in the District of (Columbia, for the purpose of a national visitor center, and for other purposes.

March 12, 1968 [H.R. I2603]

Be it enacted by the Senate and House of Representatives of the United States of America in Gonqress assembled. That this Act may „ National visitor 1

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be cited as the "National Visitor Center Facilities Act of 1968'. TITLE I—NATIONAL VISITOR CENTER SEC. 101. The Secretary of the Interior (hereafter in this Act referred to as the "Secretary"), in consultation with the Administrator of General Services (hereafter in this Adt referred to as the "Administrator"), is authorized to negotiate and enter into agreements and leases with The Washington Terminal Company, its successors or assigns (hereafter in this Act referred to as the "Company"), the owner of the property in the District of Columbia known as Union Station, for use of all or a part of such property for a national visitor center to be known as the National Visitor Center and a parking facility in connection therewith. SEC. 102. (a) The agreements and leases authorized by section 101 of this Act shall be subject to the following terms and conditions: (1) the Company shall agree to make such alterations of the Union Station Building as the Secretary determines necessary to provide adequate facilities for visitors, which facilities, including the parking facility under paragraph (3), shall be representative of the highest standards of excellence of design and function; (2) the lease of the Union Station Building shall commence on a date to be mutually agreed upon contingent upon when such facilities are available for public use, and shall not be for a term of more than twenty-five years; (3) the Company, in consultation with the Secretary, shall construct a parking facility, including necessary approaches and ramps, to accommodate as nearly as possible four thousand motor vehicles in the air space northerly of and adjacent to the existing Union Station Building, and such facility shall, upon completion, be leased to the United States for a term not to exceed twenty-five years; (4) the Company shall, and it is hereby authorized to, construct a new railroad passenger station in the area beneath or adjacent to the parking facility referred to in paragraph (3);

Ccntcr F a c i l i t i e s

Act of 1968.

Agre ements and l e a s e s conditions.

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PUBLIC LAW 90-264-MAR. 12, 1968

[82 STAT.

(5) the United States shall have the option to purchase all of the property leased under this title for an amount not in excess of the fair market value of such {jroperty any time after the first year of the lease on one year's written notice and on such terms and conditions including credit toward such purchase price of any portions of rentals paid by the United States as may be mutually agreed upon; (6) rentals paid by the United States shall not exceed the fair rental value of the property as mutually determined by the Secretary, the Administrator, and the Lessor; (7) the aggregate annual cost to the United States of all leases entered into under this title shall not exceed $3,500,000; (8) the total cost of all alterations referred to in paragraph (1) and all construction referred to in paragraph (3) shall not exceed $16,000,000, except that total cost of such alterations shall not exceed $5,000,000. (b) I n addition to the terms and conditions set forth in subsection (a) of this section, agreements and leases entered into under authority of this title shall include such other terms and conditions as the Secretary and the Administrator jointly shall prescribe. SEC. 103. The Secretary shall administer any property leased under this title in accordance with those provisions of the Act of August 25, 39 Stat. 535. iQ^Q ("[g U.S.C. 1 et seq.), as amended and supplemented, applicable to the administration of the national park system. f s T ' ' *° ^°"' SEC. 104. On or before April 15, 1968, the Secretary shall report to gress Congress the results of a full and complete investigation and study of the problems of transporting visitors along the Mall and its vicinity in the District of Columbia, on the United States Capitol Grounds, and to and from the National Visitor Center, including but not limited to, types of transportation to be utilized, the operation of any such transportation system, the feasibility of providing free transportation for visitors on all or any portion of such system, and proposed legislation to carry out his recommendations. SEC. 105. (a) I n connection with the construction of the parking facility to be constructed pursuant to section 102(a)(3) of this title, the District of Columbia shall, upon the request of the Secretary, transfer to the Secretary any real property under its jurisdiction which may be necessary to provide vehicular access to public roads and highways in the immediate area of such facility. (b) Any alteration in the existing traffic pattern in Union Station Plaza necessitated or made desirable by reason of such parking facility shall be made only after consultation with the Architect of the Capitol. SEC. 106. (a) Notwithstanding the execution of any agreement or lease pursuant to this title, the Secretary, in consultation with the National Visitor Facilities Advisory Commission established under title II of this Act, is directed (1) to make a continuing study of the needs of visitors to the Washington metropolitan area, including the necessity and desirability of different or additional visitor facilities, and of altering existing visitor facilities, and (2) to recommend that the Administrator acquire, alter, or construct such facilities, ^^p*""* to Con(}3) The Secretary shall submit annually a report to Congress on the gress National Visitor Center authorized by this title and on all other visitor facilities authorized in accordance with this Act, including the amendments made by this Act. SEC. 107. AH existing laws or parts of laws inconsistent with the provisions of this Act are hereby repealed to the extent to which they

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45

PUBLIC LAW 90-264-MAR. 12, 1968

are so inconsistent, but to no further or other extent. SEC. 108. The first section of the Act approved November 5, 1966 (Public Law 89-759) is amended by inserting "and directed" immediately following "authorized" and by amending paragraph (1) to read as follows: "(1) select as the site of a permanent heliport, the parking facility referred to in section 102(a)(3) of the National Visitor Center Facilities Act of 1968;". SEC. 109. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. SEC. 110. The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on the alterations referred to in section 102(a)(1), and the parking facility referred to in section 102(a)(3), of this title shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the locality as determined by the Secretary of Labor, in accordance with the Act of March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C. 276a—276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Keorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 94&; 40 U.S.C. 276c).

80 Stat. 1308.

Appropriation.

49 Stat. 1011.

63 Stat. 108.

TITLE II — A D VI S O R Y COMMISSION SEC. 201. There is hereby created a National Visitor Facilities Advi- pfclmi^s^ Ad-"°' sory Commission (hereafter in this Act referred to as the "Commis- visory commission") which shall (1) conduct a continuing review of the National ^ionVisitor Center established pursuant to title I of this Act, (2) conduct Establishment. continuing investigations and studies of sites and plans to provide additional facilities and services for visitors and students coming to the Nation's Capital, and (3) advise the Secretary and the Administrator with respect to the planning, construction, acquisition, and operation of all such visitor facilities. SEC. 202. (a) The Commission shall be composed of the Secretary, the Administrator, the Secretary of the Smithsonian Institution, the Chairman of the National Capital Planning Commission, the Chairman of the Commission of Fine Arts, six Members of the Senate, three from each party, to be appointed by the President of the Senate, and six Members of the House of Representatives, three from each party, to be appointed by the Speaker of the House of Representatives, and three members appointed by the President, at least two of whom shall not be officers of the Federal Government, and one member of whom shall be a representative of the District of Columbia government. NonFederal members shall serve at the pleasure of the President. The Secretary shall be the Chairman of the Commission. The Commission shall meet at the call of the Chairman. Compensation, (b) Members of the Commission who are not officers or employees travel expenses. of the Federal Government or the government of the District of Columbia shall be entitled to receive compensation in accordance with section 3109 of title 5, United States Code, and travel expenses includ- 80 Stat. 416. ing per diem in lieu of subsistence as authorized by section 5703 of title 5, United States Code, for persons in the government service 80 Stat. 499. employed intermittently. (c) The Director of the National Park Service, in consultation with

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Report.

PUBLIC LAW 90.265-MAR. 12, 1968

[82 STAT.

the Administrator, shall provide the necessary staff and facilities to assist the Commission in carrying out its duties under this title. gj,^ 203. The Commissicm shall, from time to time, report to the Secretary and the Administrator the results of its reviews, studies, and investigations. In the case of any report recommending additional facilities for visitors, such report shall include the Commission's recommendations as to a site or sites for the facilities to be provided, together with preliminary plans, specifications, and architectural drawings for such facilities as well as the estimated cost of the recommended sites and facilities. TITLE III—CAPITOL VISITOR CENTER SEC. 301. Notwithstanding any other provision of law, the Architect of the Capitol, in consultation with the House Office Building Commission and the Senate Office Building Commission, is hereby authorized and directed to provide adequate space and facilities in the Capitol Building for an educational and informational center and information and distribution stations to afford visitors to the Capitol Building an opportunity to acquire (1) information relative to Congressional offices, (2) assistance relative to their visit to the Capitol, (3) pamphlets, books, drawings, slides and photographs, and related materials, and (4) information about the Capital and the history of the Capitol Building and past and present Congresses. All materials distributed by such educational and informational center and such stations shall first be approved by the Architect of the Capitol, after consultation with the House Committee on House Administration, the Senate Committee on Rules and Administration, the United States Capitol Historical Society, and such other educational and historical groups as the Architect of the Capitol deems appropriate. The Architect of the Capitol is hereby authorized to enter into such agreements as may be reasonably necessary to operate such educational and informational center and stations. Approved March 12, 1968.

Public Law 90-265 March 12, 1968 [S. 1821]

Acadia National Park, Maine. Land e x c h a n g e.

AN ACT To authorize the Secretary of the Interior to exchange certain property at Acadia National Park in ITaine with the owner of certain property adjacent to the park.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior may convey to one Maurice Rich, Senior, a portion of the Acadia National Park, comprising approximately one and eight-tenths acres in the town of Southwest Harbor, Maine, and in exchange therefor the Secretary may accept from said Maurice Rich, Senior, any property which in the Secretary's judgment is suitable for addition to the park. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. Any cash payment received by the Secretary shall be credited to the land and water conservation fund in the Treasury of the United States. A conveyance of the federally owned lot shall eliminate it from the park. Approved March 12, 1968.

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PUBLIC LAW 90-267-MAR. 13, 1968

47

Public Law 90-266 AN ACT To authorize the consolidation and use of funds arising from judgments in favor of the Apaclie Tribe of the Mescalero Reservation and of each of its constituent groups.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds or the .^hare of the funds, which are or hereafter may be deposited in the Treasury of the United States to the credit of the Mescalero Apache Tribe, the portion of the Chiricahua Apache Tribe on the Mescalero Eeservation, and the Lipan Apache Tribe (certain constituent groups of the Apache Tribe of the Mescalero Eeservation), or any other constituent group of the Apache Tribe of the Mescalero Reservation, or the Apache Tribe of the Mescalero Reservation, to pay any judgments arising out of proceedings instituted before the Indian Claims Commission in dockets numbered 22-B, 22-C, 22-G, 30, 48, 49, and 182 and the interest on said funds, after payment of attorney fees and expenses, shall be consolidated and credited to the account of the Apache Tribe of the Mescalero Reservation, and the judgment recovered in docket numbered 22-B, and the interest thereon, may be advanced, expended, deposited, invested, or reinvested for any purpose that is authorized by the tribal governing body of the Apache Tribe of the Mescalero Reservation and approved by the Secretary of the Interior. Any part of such funds that may be distributed per capita to the members of the tribes shall not be subject to Federal or State income tax. Approved March 12, 1968.

March 12, 1968 ^^-1727]

Apache Tribe of Mescalero Reservation. Judgment funds.

Public Law 90-267 AN ACT To amend the Export-Import Bank Act of 1945, as amended, to change the name of the Banl£, to extend for five years the period within which the Bank is authorized to exercise its functions, to increase the Bank's lending authority and its authority to issue, against fractional reserves, export credit insurance and guarantees, to restrict the financing by the Bank of certain transactions, 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. The Export-Import Bank Act of 1945 is amended— (a) By changing "Export-Import Bank of Washington", wherever that name refers to the legal entity created by the Export-Import Bank Act of 1945, to "Export-Import Bank of the United States". (b) Section 2 of such Act is amended by striking subsection (b) thereof and by substituting in lieu thereof the following: " (b)(1) I t is the policy of the Cong]^ess that the Bank in the exercise of its functions should supplement and encourage and not compete with private capital; that loans, so far as possible consistently with carrying out the purposes of subsection (a), shall generally be for specific purposes, and, in the judgment of the Board of Directors, offer reasonable assurance of repayment; and that in authorizing such loans the Board of Directors should take into account the possible adverse effects upon the United States economy."

March 13, 1968 [S.1155]

Export-Import Bank Act of 1945, amendment. 59 Stat. 526. 12 USC 635 note.

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Exports to Communist countries, prohibitions. 76 Stat. 261; 78 Stat. 1013. 22 USC 2370.

Presidential determination; report to Congress.

78 Stat. 827. 26 USC 4916. 78 Stat. 809; 81 Stat. 145. Presidential determination; report to Congress.

12 USC 635e.

PUBLIC LAW 90-267-MAR. 13, 1968

[82 STAT.

(c) Section 2(b) of such Act is further amended by adding the following at the end thereof: "(2) The Bank in the exercise of its functions shall not guarantee, insure, or extend credit, or participate in any extension of credit— " (A) in connection with the purchase or lease of any pifo^tret by a Communist country (as defined in section 620(f) of the Foreign Assistance Act of 1961, as amended), or agency or national thereof, or " (B) in connection with the purchase or lease of any product by any other foreign country, or agency, or national thereof, if the product to be purchased or leased by such other country, agency, or national is, to the knowledge of the Bank, principally for use in, or sale or lease to, a Communist country (as so defined), except that the prohibitions contained in this paragraph shall not apply in the case of any transaction which the President determines would be in the national interest if he reports that determination to the Senate and House of Representatives within thirty days after making the same. " (3) The Bank shall not guarantee, insure, or extend credit, or participate in the extension of credit in connection with the purchase of any product, technical data, or other information by a national or agency of any nation— " (A) which engages in armed conflict, declared or otherwise, with armed forces of the United States; or " (B) which furnishes by direct governmental action (not including chartering, licensing or sales by non-wholly-owned business enterprises) ^oods, supplies, military assistance, or advisers to a nation described in subparagraph (A); nor shall the Bank guarantee, insure, or extend credit, or participate in the extension of credit in connection with the purchase by any nation (or national or agency thereof) of any product, technical data, or other information which is to be used principally by or in a nation described in subparagraph (A) or (B). "(4) The Bank snail not guarantee, insure, or extend credit, or participate in an extension o f credit in connection with any credit sale of defense articles and defense services to any country designated under section 4916 of the Internal Revenue Code of 1954 as an economically less developed country for purposes of the tax imposed by section 4911 of that Code. The prohibitions set forth in this paragraph shall not apply with respect to any transaction the consummation of which the President determines would be in the national interest and reports such determination (within thirty days after making the same) to the Senate and House of Representatives. I n making any such determination the President shall take into account, among other considerations, the national interest in avoiding arms races among countries not directly menaced by the Soviet Union or by Communist China; in avoiding arming military dictators who are denying social progress to their own peoples; and in avoiding expenditures by developing countries of scarce foreign exchange needed for peaceful economic progress. "(5) I n no event shall the Bank have outstanding at any time in excess of 7i/2 per centum of the limitation imposed by section 7 of this Act for 9u«h guarantees, insurance, credits or participation in credits with respect to exports of defense articles and services to countries

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PUBLIC LAW 90-268-MAR. 16, 1968

49

which, in the judgment of the Board of Directors of the Bank, are less developed." (c) By changing in section 2(c) of that Act, "$2,000,000,000" to read 7/513^128^''' "$3,500,000,000". 12 USC 635. (d) By changing the last sentence in section 3(d) of that Act to trfveT^x"en"es' read: "Members, not otherwise in the regular full-time employ of the '^eastauTvT.^' United States, may be compensated at rates not exceeding the per diem 12 USC essa. equivalent of the rate for grade 18 of the General Schedule (5 U.S.C. 5332) for each day spent in travel or attendance at meetings of the Committee, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government service ^° ^*^*' '*^-*' employed intermittently." (e) By changing, in section 7 of that Act, "$9,000,000,000" to read ^2 USC ease. "$13,500,000,000". (f) By changing, in section 8 of that Act, "June 30, 1968" to read ^^ use easf. "June 30, 1973". Approved March 13, 1968.

Public Law 90-268 AN ACT To amend the Merchant Marine Act, 1936, with respect to the development of cargo container vessels, and for other purposes.

March 16, 1968 ^^- 2419]

Be it enacted by the Senate and Hoicse of Representatives of the United States of America in Congress assetnJiled, That sectLon 212 of. "^^'"fo^T' Marine the Merchant Marine Act, 1936 (46 U.S.C. 1122) is amended by (1) mem ""'" " striking out "and" at the end of clause (d), (2) striking out the period "^^ Stat. 1990. at the end of clause (e) and inserting in lieu thereof a semicolon and "and", (3) redesignating clause (f) as clause (g), and (4) inserting before such clause a new clause as follows: " (f) To study means and methods of encouraging the development and implementation of new concepts for the carriage of cargo in the domestic and foreign commerce of the United States, and to study the economic and technological aspects of the use of cargo containers as a method of carrying out the declaration of policy set forth in title I of this Act, and in carrying out the provisions of this clause and such policy the United States shall not give preference as between carriers upon the basis of length, height, or width of cargo containers or length, height, or width of cargo container cells and this requirement shall be applicable to all existing container vessels and any container vessel to be constructed or rebuilt." SEC. 2. Section 303(a) of the Act of June 30, 1949 (41 U.S.C. 253 (a)), as amended, is amended by adding a new sentence as follows: " ^t^V/^^' "No advertisement or invitation to bid for the carriage of Government property in other than Government-owned cargo containers shall specify carriage of such property in cargo containers of any stated length, height, or width." SEC. 3. Section 2305(a) of title 10 of the United States Code is 7OA Stat. 130. amended by adding a new sentence as follows: 'TCxcept in a case where the Secretary of Defense determines that military requirements necessitate specification of container sizes, no advertisement or invitation to bid for the carriage of Government property in other than Government-owned cargo containers shall speciiy carriage of such property in cargo containers of any stated length, height, or width."

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 50 63 Stat. 3 9 3.

70A Stat. 12{ 76 Stat. 528.

PUBLIC LAW 90-269-MAR. 18, 1968

[82 STAT.

SEC. 4. Section 302 of the Act of June 30, 194» (41 U.S.C. 252), is amended by adding thereto the following subsection: " (f) No contract for the carriage of Government property in other than Government-owned cargo containers shall require carriage of such property in cargo containers of any stated length, height, or width." SEC. 5. Section 2304 of title 10 of the United States Code is amended by adding thereto the following subsection: " (h) Except in a case where the Secretary of Defense determines that military requirements necessitate specification of container sizes, no contract for the carriage of Government property in other than Government-owned cargo containers shall require carriage of such property in cargo containers of any stated length, height, or width." Approved March 16, 1968.

Public Law 90-269 March 18, 1968 [H.R. 14743]

Gold reserve requirements. Elimination. 59 Stat. 237.

38 Stat. 265.

40 Stat. 236.

Repeal.

Repeal. Repeal.

Repeal. 48 Stat. 340. 48 Stat. 340.

Repeals.

AN ACT To eliminate the reserve requirements for Federal Reserve notes: and for United States notes and Treasury notes of 1890.

Be it enacted by the Senate and House of Representatives of the United States of Ame'Hca in Congress assembled, SECTION 1. Subsection (c) of section 11 of the Federal Reserve Act (12 U.S.C. 248(c)) is amended by striking both provisos, and by striking the last sentence, in such subsection. SEC. 2. The first sentence of section 15 of the Federal Reserve Kct (12 U.S.C. 391) is amended by striking "and the funds provided in this Act for the redemption of Federal Reserve notes". SEC. 3. That part of the third paragraph of section 16 of the Federal Reserve Act (12 U.S.C. 413) which precedes the last two sentences of such paragraph is amended to read: "Federal Reserve notes shall bear upon their faces a distinctive letter and serial number which shall be assigned by the Board of Governors of the Federal Reserve System to each Federal Reserve bank." SEC. 4. (a) The first sentence of the fourth paragraph of section 16 of the Federal Reserve Act (12 U.S.C. 414) is repealed. (b) The sentence which, prior to the repeal made by this section, was the second sentence of such paragraph is amended by inserting immediately after "The Board" the following: "of Governors of the Federal Reserve System". SEC. 5. The sixth paragraph of section 16 of the Federal Reserve Act (12 U.S.C. 415) is repealed. SEC. 6. The fourth sentence of the paragraph which, prior to the aihendments made by this Act, was the seventh paragraph of section 16 of the Federal Reserve Act (12 U.S.C. 416) is repealed. SEC. 7. The paragraph which, prior to the amendments made by this Act, was the eighteenth paragraph of section 16 of the Federal Reserve Act (12 U.S.C.467) is repealed. SEC. 8. Section 6 of the Gold Reserve Act of 1934 (31 U.S.C. 408a) is amended by striking in the second proviso the phrases "the reserve for United States notes and for Treasury notes of 1890, and" and ", and the reserve for Federal Reserve notes shall be maintained in gold certificates, or in credits payable in gold certificates maintained with the Treasurer of the United States under section 16 of the Federal Reserve Act, as heretofore and by this Act amended". SEC. 9. There are hereby repealed the sentence? of subsection (a) of section 43 of the Act of May 12, 1933 (48 Stat. 31, 52; 31 U.S.C. 821(a)), which read: "No suspension of reserve requirements of the

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Rh mean to say that the same gang—the Happy Harry crowd—robbed the bank?"

"I think so, from what I heard. But come inside and I'll tell you all about it."

"Suppose we start the ship first? It's ready to run. There wasn't as much the matter with it as I feared. The storm is over now, and we'll be safer up in the air than on this roof. Did you, get all the information you could?"

"All I dared to. The men were coming out, so I had to run. They were quarreling, and when that happens among thieves"

"Why honest men get their dues, everyone knows that proverb," interrupted Mr. Damon, again emerging from the cabin. "But bless my quotation marks, I should think you'd have something better to do than stand there talking proverbs."

"We have," replied Mr. Sharp quickly. "We're going to start the ship, and then we have some news for you. Tom, you take the steering wheel, and I'll start the gas machine. We'll rise to some distance before starting the propellers, and then we won't create any excitement."

"But what news are you going to tell me?" asked Mr. Damon. "Bless my very existence, but you get me all excited, and then you won't gratify my curiosity."

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PUBLIC LAW-271-MAR. 21, 1968

51

Federal Reserve banks, under the terms of section 11(c) of the Federal \ Reserve Act necessitated by reason of operations under this section, \ shall require the imposition of the graduated tax upon any deficiency 1 in reserves as provided in said section 11(c). Nor shall it require any I automatic increase in the rates of interest or discount charged by any 1 Federal Reserve bank, as otherwise specified in that section." ^/ SEC. 10. Section 2 of the Act of July 14, 1890 (26 Stat. 289; 31 U.S.C. R«P^«I«408), and section 2 of the Act of March 14, 1900 (31 Stat. 45), are repealed. SEC. 11. Section 7 of the Act of January 30, 1934 (48 Stat. 341, 31 U.S.C. 408b), is amended by striking the phrase "and as a reserve for any United States notes and for Treasury notes of 1890" and also by striking the phrase "as a reserve for any United States notes and for Treasury notes of 1890, and". SEC. 12. Section 14(c) of the Act of January 30, 1934 (48 Stat. 344, 31 U.S.C. 405b), is amended by striking from the first sentence "except the gold fund held as a reserve for any United States notes and Treasury notes of 1890." Approved March 18, 1968.

Public Law 90-270 AN ACT To designate the Oahe Reservoir on the Missouri River in the States of North D a k o t a and Soxrth Dakota a s L a k e Oahe;

March 21, 1968 [H. R. 2901]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Oahe Reser- N. Lake Oahe, Dak-S. Dak. voir on the Missouri River in the States of North Dakota and South " DTignaUon Dakota shall be known and designated hereafter as Lake Oahe in honor of the Indian people who inhabited the great Missouri Rii^er Basin. Any law, regulation, document, or record of the United States in which such reservoir is referred to by any other name shall be held and considered to refer to such reservoir by the name of Lake Oahe. Approved March 21, 1968.

Public Law 90-271 AN ACT To designate the San Rafael Wilderness, Los P a d r e s National Fore>it, in the State of California.

March 21, 1968 [S- 889]

Be it enacted by the Senate and House of Representatives of the San Rafael United States of America in Congress assembled, That, in accordance Wilderness, Calif. with subsection 3(b) of the Wilderness Act of September 3, 1964 (78 " Designation! Stat. 891), the area classified as the San Rafael Primitive Area, with ^^ ^^^ ^^^2. the proposed additions thereto, as generally depicted on a map entitled "San Rafael Wilderness—Proposed," dated October 3, 1966, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture, is hereby designated as the San Rafael Wilderness within and as a part of Los Padres National Forest, comprising an area of approximately 143,000 acres. SEC. 2. As soon as practicable after this Act takes effect, the andSormation Secretary of Agriculture shall file a map and a legal description of the with congress. San Rafael Wilderness with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives

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Administration.

PUBLIC LAW 90-272-MAR. 22, 1968

[82 STAT.

and such description shall have the same force and effect as if Included in this Act: Provided, however, That correction of clerical and typographical errors in such legal description and map may be made. SEC. 3. The San Kafael Wilderness shall be admmistered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated b^ that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. Approved March 21, 1968. Public Law 90-272

March 22, 1968 [ S. J. R e s. 123]

43 USC 615SS.

JOINT RESOLUTION To approve long-term contracts for delivery of water from Navajo Reservoir in the State of New Mexico, and for other purposes.

Whereas section 11(a) of the Act of June 13, 1962 (76 Stat. 96; Public Law 87-483), provides that: "No long-term contract, except contracts for the benefit of the lands and for the purposes specified in sections 2 (Navajo Indian irrigation project) and 8 (San JuanChama project) of this Act, shall be entered into for the delivery of water stored in Navajo Reservoir or of any other waters of the San J u a n River and its tributaries, as aforesaid, until the Secretary has determined by hydrologic investigation that sufficient water to fulfill said contract is reasonably likely to be available for use in the State of New Mexico during the term thereof under the allocations made in articles III and X IV of the Upper Colorado River Basin Compact, and has submitted such determination to the Congress of the United States and the Congress has approved such contracts."; and Whereas the Secretary has made such determination in coimection with the following contracts transmitted to Congress by letter dated November 21, 1967: Estimated Water water diversion depletion (acre-feet) (acre-feet)

Proposed uses

Public Service Company of New MexicoSouthern Union Gas Company Utah Construction and Mining Company

50 44,000

16,200 Thermalelectric generation. 50 Pump cooling. 35,300 Thermalelectric generation.

64,250

Water contracts, approval.

20,200

51, 550

Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That such contracts are hereby approved by the C o n f e s s. The Secretary may enter into amendments thereto which would m his judgment be in the interest of water conservation, but the total water depletion shall not exceed the estimates set forth in this joint resolution. Approved March 22, 1968.

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53

PUBLIC LAW 90-274-MAR. 27, 1968

Public Law 90-273 JOINT RESOLUTION Calling on the Boy Scouts of America to serve the youth of this Nation as required by their congressional charter.

Whereas the Boy Scouts of America has acted under a congressional charter since 1916, serving over forty million boys with a program that develops physical fitness, character, and citizenship; and Whereas the Boy Scouts of America has achieved significant results in preventing and reducing juvenile delinquency; and Whereas the Boy Scouts of America has extended its program to disadvantaged boys in the deprived areas of urban and rural areas of our Nation; and Whereas there is an increasing need for training boys to become responsible citizens in accord with the ideals and principles of the Scout oath and law; and Whereas the Boy Scouts of America gives strong support to the home, the religious institution, the school and communities in the training, education, and development of youth; and Whereas the Congress is called upon to assist and promote programs of promise in these critical areas: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress of the United States calls on the Boy Scouts of America further to advance its service to the youth of this Nation as required by their congressional charter to the end that more boys in every segment of our society will be involved in its program and future generations of Americans will be better prepared with the skill and confidence to master the changing demands of America's future and prepared to give leadership to it. Approved March 26, 1968.

Public Law 90-274

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " J u r y Selection and Service Act of 1968". SEC. 101. The caption, analysis, and sections 1861 through 1869 of chapter 121 of title 28, United States Code, are amended to read as follows: "Chapter 121.—JURIES; TRIAL BY JURY "Sec.

"1865. "1866. "1867. "1868. "1869. "1870. "1871. "1872. "1873. "1874.

Boy Scouts of America.

•-' '

AN ACT To provide improved judicial machinery for the selection of Federal juries, and for other purposes.

"1861. "1862. "1863. "1864.

March 26, 1968 [S-j. Res. i38]

Declaration of policy. Discrimination prohibited. Plan for random jury selection. Drawing of names from the master jury wheel; completion of juror qualification form. Qualifications for jury service. Selection and summoning of jury panels. Challenging compliance with selection procedures. Maintenance and inspection of records. Definitions. Challenges. Fees. Issues of fact in Supreme Court. Admiralty and maritime cases. Actions on bonds and specialties.

March 27, 1968 [S. 989]

Jury Selection and Service Act of 1968. 62 Stat. 9 5 1.

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Jury selection process, report.

Plan provisions.

C ompe ns ati on.

PUBLIC LAW 90-274-MAR. 27, 1968

[82 STAT.

"§ 1861. Declaration of policy " I t is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of thvj community in the district or division wherein the court convenes. I t is further the policy of the United States that all citizens shall have the opportunity to be considered for service on grand and petit juries in the district courts of the United States, and shall have an obligation to serve as jurors when summoned for that purpose. ^*§ 1862. Discrimination prohibited "No citizen shall be excluded from service as a grand or petit juror in the district courts of the United States on account of race, color, religion, sex, national origin, or economic status. "§ 1863. Plan for random jury selection " (a) Each United States district court shall devise and place into operation a written plan for random selection of grand and petit jurors that shall be designed to achieve the objectives of sections 1861 and 1862 of this title, and that shall otherwise comply with the provisions of this title. The plan shall be placed into operation after approval by a reviewing panel consisting of the members of the judicial council of the circuit and either the chief judge of the district whose plan is being reviewed or such other active district judge of that district as the chief judge of the district may designate. The panel shall examine the plan to ascertain that it complies with the provisions of this title. If the reviewing panel finds that the plan does not comply, the panel shall state the particulars in which the plan fails to comply and direct the district court to present within a reasonable time an alternative plan remedying the defect or defects. Separate plans may be adopted for each division or combination of divisions within a judicial district. The district court may modify a plan at any time and it shall modify the plan when so directed by the reviewing panel. The district court shall promptly notify the panel, the Admmistrative Office of the United States Courts, and the Attorney General of the United States, of the initial adoption and future modifications of the plan by filing copies therewith. Modifications of the plan made at the instance of the district court shall become effective after approval by the panel. Each district court shall submit a report on the jury selection process within its jurisdiction to the Administrative Office of the United States Courts in such form and at such times as the Judicial Conference of the United States may specify. The Judicial Conference of the United States may, from time to time, adopt rules and legulations governing the provisions and the operation of the plans formulated under this title. "(b) Among other things, such plan shall— "(1) either establish a jury commission, or authorize the clerk of the court, to manage the jury selection process. If the plan establishes a jury commission, the district court shall appoint one citizen to serve with the clerk of the court as the jury commission: Provided, however, That the plan for the District of Columbia may establish a jury commission consisting of three citizens. The citizen jury commissioner shall not belong to the same political party as the clerk serving with him. The clerk or the jury commission, as the case may be, shall act under the supervision and control of the chief judge of the district court or such other judge of the district court as the plan may provide. Each jury commissioner shall, during his tenure in office, reside in the judicial district or division for which he is appointed. Each citizen jury

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 82 STAT.]

commissioner shall receive compensation to be fixed by the district court plan at a rate not to exceed $50 per day for each day necessarily employed in the performance of his duties, plus reimbursement for travel, subsistence, and other necessary expenses incurred by him in the performance of such duties. The Judicial Conference of the United States may establish standards for allowance of travel, subsistence, and other necessary expenses incurred by jury commissioners. "(2) specify whether the names of prospective jurors shall be selected from the voter registration lists or the lists of actual voters of the political subdivisions within the district or division. The plan shall prescribe some other source or sources of names in addition to voter lists where necessary to foster the policy and protect the rights secured by sections 1861 and 1862 of this title. The plan for the District of Columbia may require the names of prospective jurors to be selected from the city directory rather than from voter lists. The plans for the districts of Puerto Rico and the Canal Zone may prescribe some other source or sources of names of prospective jurors in lieu of voter lists, the use of which shall be consistent with the policies declared and rights secured by sections 1861 and 1862 of this title. "(3) specify detailed procedures to be followed by the jury commission or clerk in selecting names from the sources specified in paragraph (2) of this subsection. These procedures shall be designed to ensure the random selection of a fair cross section of the persons residing in the community in the district or division wherein the court convenes. They shall ensure that names of persons residing in each of the counties, parishes, or similar political subdivisions within the judicial district or division are placed in a master jury wheel; and shall ensure that each county, parish, or similar political subdivision within the district or division is substantially proportionally represented in the master jury wheel for that judicial district, division, or combination of divisions. For the purposes of determining proportional representation in the master jury wheel, either the number of actual voters at the last general election in each county, parish, or similar political subdivision, or the number of registered voters if registration of voters is uniformly required throughout the district or division, may be used. (4) provide for a master jury wheel (or a device similar in purpose and function) into which the names of those randomly selected shall be placed. The plan shall fix a minimum number of names to be placed initially in the master jury wheel, which shall be at least one-half of 1 per centum of the total number of persons on the lists used as a source of names for the district or division; but if this number of names is believed to be cumbersome and unnecessary, the plan may fix a smaller number of names to be placed in the master wheel, but in no event less than one thousand. The chief judge of the district court, or such other district court judge as the plan may provide, may order additional names to be placed in the master jury wheel from time to time as necessary. The plan shall provide for periodic emptying and refilling of the master jury wheel at specified times. "(5) specify those groups of persons or occupational classes whose members shall, on individual request therefor, be excused from jury service. Such groups or classes shall be excused only if the district court finds, and the plan states, that jury service by such class or group would entail undue hardship or extreme incon-

96-600 O - 69

55

PUBLIC LAW 90-274-MAR. 27, 1968

Jury s election sources.

District of Columbia, Puerto R i c o, and Canal Zone.

Name s election procedures.

Master jury wheel.

Excused or exempted groups.

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PUBLIC LAW 90-274-MAR. 27, 1968

[82 STA^.

^' venience tG*tIie members thereof, and excuse of members thereof -aa-. ^i^ould not be inconsistent with sections 1861 and 1862 of this title. -aaiixi "(6) specify those groups of persons or occupational classes J)'j'iTft;^hose members shall be barred from jury service on the ground s')if ijjthat they are exempt. Such groups or classes shall be exempt only if • if the district court finds, and the plan states, that their exemption is in the public interest and would not be inconsistent with sections 1861 and 1862 of this title. The plan shall provide for exemption of the following persons: (i) members in active service in the Armed Forces of the United States; (ii) members of the fire .iioir.ior police departments of any State, district, territory, possession, ni 'i'^s&r subdivision thereof; (iii) public officers in the executive, legishii lative, or judicial branches of the Government of the United ^ • States, or any State, district, territory, or possession or subdivision thereof, who are actively engaged in the performance of official ,.;,i5i 'itjujiduties. -^""S ool51 i " (7) fix the distance, either in miles or in travel time, from each io place of holding court beyond which prospective jurors residing A':>} shall, on individual request therefor, be excused from jury service Y*' on the ground of undue hardship in traveling to the place where court is held. Names dis Yiii[ "(8) fix the time when the names drawn from the qualified jury closure. !"•('' wheel shall be disclosed to parties and to the public. If the plan permits these names to be made public, it may nevertheless permit the chief judge of the district court, or such other district court judge as the plan may provide, to keep these names confidential to Hiim any case where the interests of justice so require. -ijilofi "(9) specify the procedures to be followed by the clerk or jury b9'3ii(commission in assigning persons whose names have been drawn ifc? fifpom the qualified jury wheel to grand and petit jury panels. Plan transmittal. «(^.^ ^j^g iuitial plau shall be devlsed by each district court and transmitted to the reviewing panel specified in subsection (a) of this section within one hundred and twenty days of the date of enactment of the J u r y Selection and Service Act of 1968. The panel shall approve or direct the modification of each plan so submitted within sixty days Effective date. thereafter. Each plan or modification made at the direction of the panel shall become effective after approval at such time thereafter as the panel directs, in no event to exceed ninety days from the date of approval. Modifications made at the instance of the district court '^^"* "' under subsection (a) of this section shall be effective at such time thereafter as the panel directs, in no event to exceed aimetjp^ days from the date of modification.
 * llrtrf^ Br

^"TaJiT^ " (d) State, local, and Federal officials having custody, possession, rec'^rds!^avaiia- Or contxol of votcr registration lists, lists of actual voters, or other biiity. appropriate records shall make such lists and records available to the jury commission or clerks for inspection, reproduction, and copying at all reasonable times as the commission or clerk may deem necessary and proper for the performance of duties under this title. The district courts shall have jurisdiction upon application by the Attorney GenMiisKii inaoiuhljii lybio '(• • a.B s);gbiJ[ ijdVUf-

Hj ioi ybivoiq iliiiid nuiq 8ilT oijnqwo

.,,....;.. > „A f'lota'iBi:.

,v.., - j,.

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 82 STAT. ]

PUBLIC LAW 90.274-MAR. 27, 1968

57

era! of the United States to compel compliance with this subsection by appropriate process. "§ 1864. Drawing of names from the master 4ttry,,Yfhi^^®J|ifi5WJp^^-. tion of juror qualification form !^^:;^i;^f ^^,;|^I^J^^^ " (a) From time to time as directed by the district court, the clerk or a district judge shall publicly draw at random from the master jury wheel the names of as many persons as may be required for jury service. The clerk or jury commission shall prepare an alphabetical list of the names drawn, which list shall not be disclosed to any person except pursuant to the district court plan and to sections 1867 and 1868 of this title. The clerk or jury commission shall mail to every person whose name is drawn from the master wheel a juror qualification form accompanied by instructions to fill out and return the form, duly signed and sworn, to the clerk or jury commission by mail within ten days. If the person is unable to fill out the form, another shall do it for him, and shall indicate that he has done so and the reason therefor. I n any case in which it appears that there is an omission, ambiguity, or error in a form, the clerk or jury commission shall return the form with instructions to the person to make such additions or corrections as may be necessary and to return the form to the clerk or jury commission within ten days. Any person who fails to return a completed juror qualification form as instructed may be summoned by the clerk or jury commission forthwith to appear before the clerk or juiy commission to fill out a juror qualification form. A person summoned to appear because of failure to return a juror qualification form as instructed who personally appears and executes a juror qualification form before the clerk or jury commission may, at the discretion of the district court, except where his prior failure to execute and mail such form was willful, be entitled to receive for such appearance the same fees and travel allowances paid to jurors under section 1871 of this title. A t the time of his appearance for jury service, any person may be required to fill out another juror qualification form in the presence of the jury commission or the clerk or the court, at which time, in such cases as it appears warranted, the person may be questioned, but only with regard to his responses to questions contained on the form. Any information thus acquired by the clerk or jury Qommission may be noted on the juror qualification form and transmitted to the chief judge or such district court judge as the plan may provide. " (b) Any person summoned pursuant to subsection (a) of this section who fails to appear as directed shall be ordered by the district court forthwith to appear and show cause for his failure to comply with the summons. Any person who fails to appear pursuant to such order or who fails to show good cause for noncompliance with the summons may be fined not more than $100 or imprisoned not more than three days, or both. Any person who willfully misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror may be fined not more than $100 or imprisoned ^^"^^'ynot more than three days, or both.

•Cl ] i > r -.

ri! j.4^ ]

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condSi!

PUBLIC LAW 90-274-MAR. 27, 1968

[82 STAT.

"§ 1865. Qualifications for jury service "(a) The chief judge of the district court, or such other district court judge as the plan maj provide, on his initiative or upon recommendation of the clerk or jury commission, shall determine solely on the basis of information provided on the juror qualification form and other competent evidence whether a person is unqualified for, or exempt, or to be excused from jury service. The clerk shall enter such determination in the space provided on the juror qualification form and the alphabetical list of names drawn from the master jury wheel. If a person did not appear in response to a summons, such fact shall be noted on said list. "(b) In making such determination the chief judge of the district court, or such other district court judge as the plan may provide, shall deem any person qualified to serve on grand and petit juries in the district court unless he^"(1) is not a citizen of the United States twenty-one years old who has resided for a period of one year within the judicial district; "(2) is unable to read, write, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily the juror qualification form; " (3) IS unable to speak the English language; "(4) is incapable, by reason of mental or physical infirmity, to render satisfactory jury service; or "(5) has a charge pending against him for the commission of, or has been convicted in a State or Federal court of record of, a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty. '*§ 1866. Selection and summoning of jury panels "(a) The jury commission, or in the absence thereof the clerk, shall maintain a qualified jury wheel and shall place in such wheel names of all persons drawn from the master jury wheel who are determined to be qualified as jurors and not exempt or excused pursuant to the district court plan. From time to time, the jury commission or the clerk shall publicly draw at random from the qualified jury wheel such number of names of persons as^nay be required for assignment to grand and petit jury panels. The jury commission or the clerk shall prepare a separate list of names of persons assigned to each grand and petit jury panel. "(b) When the court orders a grand or petit jury to be drawn the clerk or jury commission shall issue summonses for the required number of jurors and deliver them to the marshal for service. "Each person drawn for jury service may be served personally or by registered or certified mail addressed to such person at his usual residence or business address. "Such service shall be made by the marshal who shall attach to his return the addressee's receipt for the registered or certified summons where service is made by mail. "(c) Except as provided in section 1865 of this title or in any jury selection plan provision adopted pursuant to paragraph (5), (6), or (7) of section 1868(b) of this title, no person or class of persons ^ a l l be disqualified, excluded, excused, or exempt from service as jurors: Provided, That any person summoned for jury service may oe (1) excused by the court, upon a showing of undue hardship or extreme inconvenience, for such period as the court deems necessary^ at the conclusion of which such person shall be summoned again for ]ui^ service under subsections (b) and (c) of this section, or (2) excluded by the

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 82 STAT. J

PUBLIC LAW 90-274-MAR. 27, 1968

court on the ground that such person may be unable to render impartial jury service or that his service as a juror would be likely to disrupt the roceedings, or (3) excluded upon peremptory challenge as provided y law, or (4) excluded pursuant to the procedure specified by law upon a challenge by any party for good cause shown, or (5) excluded upon determination by the court that his service as a juror would be likely to threaten the secrecy of the proceedings, or otherwise adversely affect the integrity of jury deliberations. No person shall be excluded under clause (5) of this subsection unless the jud^e, in open court, determines that such is warranted and that exclusion of the person will not be inconsistent with sections 1861 and 1862 of this title. The number of persons excluded under clause (5) of this subsection shall not exceed one per centum of the number of persons who return executed jury qualification forms during the period, specified in the plan, between two consecutive fillings of the master ]\iYy wheel. The names of persons excluded under clause (5) of this subsection, together with detailed explanations for the exclusions, shall be forwarded immediately to the judicial council of the circuit, which shall have the power to make any appropriate order, prospective or retroactive, to redress any misapplication of clause (5) of this subsection, but otherwise exclusions effectuated under such clause shall not be subject to challenge under the provisions of this title. Any person excluded from a particular jury under clause (2), (3), or (4) of this subsection shall be eligible to sit on another jury if the basis for his initial exclusion would not be relevant to his ability to serve on such other jury. " (d) Whenever a person is disqualified, excused, exempt, or excluded from jury service, the jury commission or clerk shall note in the space provided on his juror qualification form or on the juror's card drawn from the qualified jury wheel the specific reason therefor. "(e) I n any two-year period, no person shall be required to (1) serve or attend court for prospective service as a petit juror for a total of more than thirty days, except when necessary to complete service in a particular case, or (2) serve on more than one grand jury, or (3) serve as both a grand and petit juror. "(f) When there is an unanticipated shortage of available petit jurors drawn from the qualified jury wheel, the court may require the marshal to summon a sufficient number of petit jurors selected at random from the voter registration lists, lists of actual voters, or other lists specified in the plan, in a manner ordered by the court consistent with sections 1861 and 1862 of this title. " (g) Any person summoned for jury service who fails to appear as directed shall be ordered by the district court to appear forthwith and show cause for his failure to comply with the summons. Any person who fails to show good cause for noncompliance with a summons may be fined not more than $100 or imprisoned not more than three days, or both. "§ 1867. Challenging compliance with selection procedures " (a) In criminal cases, before the voir dire examination begins, or within seven days after the defendant discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, the defendant may move to dismiss the indictment or stay the proceedings against him on the ground of substantial failure to comply with the provisions of this title in selecting the grand or petit

59

P

" (b) I n criminal cases, before the voir dire examination begins, or within seven days after the Attorney General of the United States discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, the Attorney General may move

Penalty.

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188 "In a little while we will," responded Mr, Sharp. Lively now, Tom. Some one may see this airship on top of the building, as it's getting so much lighter now, after the storm."

The outburst of the elements was almost over and Tom taking another look over the edge of the roof, could see persons moving about in the street below. The storm clouds were passing and a faint haze showed where a moon would soon make its appearance, thus disclosing the craft so oddly perched upon the roof. There was need of haste.

Fortunately the Red Cloud could be sent aloft without the use of the propellers, for the gas would serve to lift her. It had been found that lightning had struck the big, red aluminum container, but the shock had been a comparatively slight one, and, as the tank was insulated from the rest of the ship no danger resulted to the occupants. A rent was made in two or three of the gas compartments, but the others remained intact, and, when an increased pressure of the vapor was used the ship was almost as bouyant as before.

Into the cabin the three travelers hurried, dripping water at every step, for there was no time to change clothes. Then, with Tom and Mr. Sharp managing the machinery, the craft slowly rose. It was well that they had started for, when a few

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