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[78 STAT.

Public Law 88-482 August 22, 1964 [H. R. 1839]

Wild birds and animals. F r e e entry. 77A Stat. 420. 19 USC 1202.

AN ACT To provide for the free importation of certain wild animals, and to provide for the imposition of quotas on certain meat and meat products.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) item 852.20 of title I ot the Tariff Act of 1930 (Tariff Schedules of the United States; 28 F.R., part II, August 17, 1963) is amended to read as follows: 852.20

Meat imports, limitation.

77A Stat. 20. 19 USC 1202.

Presidential proclamation.

Wild animals (including birds and fish) imported for i use, or for sale for use, in any scientific public collection for exhibition for scientific or educational purposes I Free

Free

(b) Headnote 1 of part 4 of schedule 8 of such title I is amended by striking out "item 850.50," and inserting in lieu thereof "items 850.50 and 852.20,". (c) The amendments made by this section shall take effect on the tenth day after the date of the enactment of this Act. SEC. 2. (a) I t is the policy of the Congress that the aggregate quantity of the articles specified in items 106.10 (relating to fresh, chilled, or frozen cattle meat) and 106.20 (relating to fresh, chilled, or frozen meat of goats and sheep (except lambs)) of the Tariff Schedules of the United States which may be imported into the United States in any calendar year beginning after December 31, 1964, should not exceed 725,400,000 pounds; except that this quantity shall be increased or decreased for any calendar year by the same percentage that estimated average annual domestic commercial production of these articles in that calendar year and the two preceding calendar years increases or decreases in comparison with the average annual domestic commercial production of these articles during the years 1959 through 1963, inclusive. (b) The Secretary of Agriculture, for each calendar year after 1964, shall estimate and publish— (1) before the beginning of such calendar year, the aggregate quantity prescribed for such calendar year by subsection (a), and (2) Deiore the first day of each calendar quarter in such calendar year, the aggregate quantity of the articles described in subsection (a) which (but for this section) would be imported in such calendar year. I n applying paragraph (2) for the second or any succeeding calendar quarter in any calendar year, actual imports for the preceding calendar quarter or quarters in such calendar year shall be taken into account to the extent data is available. (c)(1) If the aggregate quantity estimated before any calendar quarter by the Secretary of Agriculture pursuant to subsection (b)(2) e<][uals or exceeds 110 percent of the aggregate quantity estimated by him pursuant to subsection (b)(1), and if there is no limitation in effect under this section with respect to such calendar year, the President shall by proclamation limit the total quantity of the articles described in subsection (a) which may be entered, or withdrawn from warehouse, for consumption, during such calendar year, to the aggreate quantity estimated for such calendar year by the Secretary of .griculture pursuant to subsection (b)(1). (2) If the aggregate quantity estimated before any calendar quarter by the Secretary of Agriculture pursuant to subsection (b)(2) does not equal or exceed 110 percent of the aggregate quantity estimated by him pursuant to subsection (b)(1), and if a limitation is in effect under this section with respect to such calendar year, such limitation shall cease to apply as of the first day of such calendar quarter;

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PUBLIC LAW 88-483-AUG. 22, 1964

except that any limitation which has been in effect for the third calendar quarter of any calendar year shall continue in effect for the fourth calendar quarter of such year unless the proclamation is suspended or the total quantity is increased pursuant to subsection (d). (3) The Secretary of Agriculture shall allocate the total quantity proclaimed under paragraph (1), and any increase in such quantity pursuant to subsection (d), among supplying countries on the basis of the shares such countries supplied to the United States market during a representative period of the articles described in subsection (a), except tiiat due account may be given to special factors which have affected or may affect the trade in such articles. The Secretary of Agriculture shall certify such allocations to the Secretary of the Treasury. (d) The President may suspend any proclamation made under subsection (c), or increase the total quantity proclaimed under such subsection, if he determines and proclaims that— (1) such action is required by overriding economic or national security interests of the United States, giving special weight to the importance to the nation of the economic well-being of the domestic livestock industry; (2) the supply of articles of the kind described in subsection (a) will be inadequate to meet domestic demand at reasonable prices; or (3) trade agreements entered into after the date of the enactment of this Act ensure that the policy set forth in subsection (a) will be carried out. Any such suspension shall be for such period, and any such increase shall be in such amount, as the President determines and proclaims to be necessary to carry out the purposes of this subsection. (e) The Secretary of Agriculture shall issue such regulations as he determines to be necessary to prevent circumvention of the purposes of this section. (f) All determinations by the President and the Secretary of Agriculture under this section shall be final. Approved August 22, 1964.

Proclamation suspension.

Public Law 88-483 AN ACT To declare that eighty acres of land acquired for the Flandreau Boarding School is held by the United States in trust for the Flandreau Santee Sioux Tribe.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all of the right, title, and interest of the United States in 80 acres of land described as the east half northeast quarter section 16, township 107 north, range 48 west, fifth principal meridian, acquired by the United States for the Flandreau Boarding School at Flandreau, South Dakota, and no longer used for such purposes, together with improvements thereon, are hereby declared to be held by the United States in trust for the Flandreau Santee Sioux Tribe, subject to all valid existing rights-of-way. SEC. 2. The Indian Clairns Commission is directed to determine in accordance with the provisions of section 2 of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission. Approved August 22, 1964.

August 22, 1964 [H. R. 11052]

Indians. Flandreau Santee Sioux Tribe. Lands.

25 USC 70a.

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PUBLIC LAW 88-484-AUG. 22, 1964

[78 STAT.

Public Law 88-484 August 22, 1964 [. R. 7301]

AN ACT rji^j aiueiid section 341 of the I n t e r n a l Revenue Code of 1954, relating to collapsible corporations, and to amend section 5 4 3 (a)(2) of such Code, relating to the inclusion of rents in personal holding company income.

Be it eimcted by the Senate and House of Representatives of the Taxes. United States of America in Congress assembled, That (a) section 341 Collapsible corpoVaturnsV"""" of the Internal Revenue Code of 1954 (relating to collapsible corpora68A Stat. 107; tions) is amended by striking out "except as provided in subsection 72 tat. 1615. (d), " in subsection (a) and inserting in lieu thereof "except as otherwise provided in this section," and by adding after subsection (e) the following new subsection: "(f)

CERTAIN SALES or

STOCK OF CONSENTING CORPORATIONS.—

"(1) IN GENERAL.—Subsection (a)(1) shall not apply to a sale of stock of a corporation (other than a sale to the issuing corporation) if such corporation (hereinafter in this subsection referred to as 'consenting corporation') consents (at such time and in such manner as the Secretary or-his delegate may by regulations prescribe) to have the provisions of paragraph (2) apply. Such consent shall apply wth respect to each sale of stock of such corporation made within the 6-month period beginning with the date on which such consent is filed. "(2) RECOGNITION OF GAIN.—Except as provided in paragraph (8), if a subsection (f) asset (as defined in paragraph (4)) is disposed of at any time by a consenting corporation (or, if paragraph (3) applies, by a transferee corporation), then the amount by which— " (A) in the case of a sale, exchange, or involuntary conversion, the amount realized, or " (B) in the case of any other disposition, the fair market value of such asset, exceeds the adjusted basis of such asset shall be treated as gain from the sale or exchange of such asset. Such gain shall be recognized notwithstanding any other provision of this subtitle, but only to the extent such gain is not recognized under any other provision of this subtitle. "(3)

68A Stat. 102; 26 USC 332, 351, 361, 371, 374.

EXCEFITON FOR CERTAIN TAX-FREE TRANSACTIONS.—If

the

basis of a subsection (f) asset in the hands of a transferee is determined by reference to its basis in the hands of the transferor by reason of the application of section 332, 351, 361, 371(a), or 374(a), then the amount of gain taken into account by the transferor under paragraph (2) shall not exceed the amount of gain Tecoguized to the transferor on the transfer of such asset (determined without regard to this subsection). This paragraph shall apply only if the transferee— " (A) is not an organization which is exempt from tax imposed by this chapter, and " (B) agrees (at such time and in such manner as the Secretary or his delegate may by regulations prescribe) to have the provisions of paragraph (2) apply to any disposition by it of such subsection (f) asset. "(4) SUBSECTION (f) ASSET DEFINED.—For purposes of this subsection— " (A) IN GENERAL.—The term 'subsection (f) asset' means any property which, as of the date of any sale of stock referred to in paragraph (1), is not a capital asset and is property owned by, or subject to an option to acquire held by, the consenting corporation. For purposes of this subparagraph, land or any interest in real property (other than

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597

a security interest), and unrealized receivables or fees (as defined in subsection (b)(4)), shall be treated as property which is not a capital asset. " (B) PROPERTY UNDER CONSTRUCTION.—If manufacture, construction, or production with respect to any property described in subparagraph (A) has commenced before any date of sale described therein, the term 'subsection (f) asset' includes the property resulting from such manufacture, construction, or production. " (C) SPECIAL RULE FOR LAND,—In the case of land or any interest in real property (other than a security interest) described in subparagraph (A), the term 'subsection (f) asset' includes any improvements resulting from construction with respect to such property if such construction is commenced (by the consenting corporation or by a transferee corporation which has agreed to the application of paragraph (2)) within 2 years after the date of any sale described in subparagraph (A). " (5) 5-YEAR LIMITATION AS TO SHAREHOLDER.—Paragraph (1)

shall not apply to the sale of stock of a corporation by a shareholder if, during the 5-year period ending on the date of such sale, such shareholder (or any related person within the meaning of subsection (e)(8)(A)) sold any stock of another consenting corporation within any 6-month period beginning on a date on which a consent was filed under paragraph (1) by such other corporation. " (6) SPECIAL RULE FOR STOCK OWNERSHIP I N OTHER CORPORA-

TIONS.—If a corporation (hereinafter in this paragraph referred to as 'owning corporation') owns 5 percent or more in value of the outstanding stock of another corporation on the date of any sale of stock of the owning corporation during a 6-month period with respect to which a consent under paragraph (1) was filed by the owning corporation, such consent shall not be valid with respect to such sale unless such other corporation has (within the 6-month period ending on the date of such sale) filed a valid consent under paragraph (1) with respect to sales of its stock. For purposes of applying paragraph (4) to such other corporation, a sale of stock of the owning corporation to which paragraph (1) applies shall be treated as a sale of stock of such other corporation. In the case of a chain of corporations connected by the 5-percent ownership requirements of this paragraph, rules similar to the rules of the two preceding sentences shall be applied. " (7) ADJUSTMENTS TO BASIS.—The Secretary or his delegate

shall prescribe such regulations as he may deem necessary to provide for adjustments to the basis of property to reflect gain recognized under paragraph (2)." (b)(1) Subsections (b) and (d) of section 301 (relating to amount distributed), and paragraph (3) of section 312(c) (relating to adjustments of earnings and profits), of the Internal Revenue Code of 1954 are each amended by striking out "section 311" and inserting in lieu thereof "section 311, under section 341(f),". (2) Subparagraphs (A) and (B) of section 453(d)(4) of such Code (relating to distribution of installment obligations in certain corporate liquidations) are each amended by inserting "section 341(f) or'' before "section 1245(a)". SEC. 2. The amendments made by the first section of this Act shall apply with respect to transactions after the date of the enactment of this Act in taxable years ending after such date.

^^^l^^*" ^'*' ^^ 301.312. fe'star ^035 26 us^c 453.^"

Effective date.

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 598 P e r s o n a l holding company income. Rents. Ante, p. 8 1. 26 USC 543.

PUBLIC LAW 88-485-AUG. 22, 1964

[78 STAT.

SEC. 3. (a) Section 543(a)(2) of the Internal Revenue Code of 1954 (relating to rents) is amended by adding at the end thereof the following new sentence: "For purposes of applying this paragraph, royalties received for the use of, or for the privilege of using, a patent, invention, model, or d e s i ^ (whether or not patented), secret formula or process, or any other similar property right shall be treated as rent, if such property right is also used by the corporation receiving such royalties in the manufacture or production of tangible personal property held for lease to customers, and if the amount (computed without regard to this sentence) constituting rent from such leases to customers meets the requirements of subparagraph (A). " (b) The amendment made by siibsection (a) shall apply to taxable years beginning after December 31, 1963. Approved August 22, 1964. Public Law 88-485

August 22, 1964 [H. R. 1988]

Rongelap Atoll. Radiation v i c t i m s, compensation.

Appropriation; conditions for payment.

Attorney f e e s.

AN ACT To provide for the settlement of claims of certain residents of the Trust Territory of the Pacific Islands,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby assumes compassionate responsibility to compensate inhabitants in the Rongelap Atoll, in the Trust Territory of the Pacific Islands, for radiation exposures sustained by them as a result of a thermonuclear detonation at Bikini Atoll in the Marshall Islands on March 1, 1954. SEC. 2. There is authorized to be appropriated for such purpose out of the Treasury of the United States the sum of $950,000 to be expended by the Secretary of the Interior (hereinafter referred to as the "Secretary") in the manner hereinafter provided. After deducting the amount provided for in section 5 hereof, the Secretary shall pay the remainder in equal amounts to each of the affected inhabitants of Rongelap, except that (a) with respect to each such inhabitant who has died before receipt of such payment, the Secretary shall pay such sum to the heirs or legatees of such inhabitant, and (b) with respect to any such inhabitant who is less than twenty-one years of age or who has been adjudged incompetent or insane, payment shall be made, in the discretion of the Secretary, to a parent, relative, other person, or institution for his benefit. SEC. 3. The Secretary shall give advice concerning prudent financial management to each person receiving a payment pursuant to this Act, to the end that each such person will have information as to methods of conserving his funds and as to suitable objects for which such funds may be expended. SEC. 4. A payment made under the provisions of this Act shall be in full settlement and discharge of all claims against the United States arising out of the thermonuclear detonation on March 1, 1954. SEC. 5. The Secretary is authorized to pay reasonable attorney fees for legal services rendered on behalf of the people of Rongelap prior to the date of enactment of this Act. Such fees shall be paid out of the funds authorized to be appropriated in section 2 of this Act, but the total of such fees paid shall not exceed 5 per centum of the appropriated funds. SEC. 6. The decisions of the Secretary in carrying out the provisions of this Act shall be final and not subject to review. Approved August 22, 1964.

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PUBLIC LAW 88-486-AUG. 22, 1964

599

Public Law 88-486 AN ACT August 22, 1964 To amend the Act entitled "An Act to authorize the Commissioners of the [H. R. 7441] District of Columbia to remove dangerous or unsafe buildings and parts thereof, and for other purposes", approved March 1, 1899, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act unskfe strucentitled "An Act to authorize the Commissioners of the District of ture"!^repair"oT Columbia to remove dangerous or unsafe buildings and parts thereof, removal. and for other purposes", approved March 1, 1899 (30 Stat. 923, as amended; title 5, ch. 5, D.C. Code, 1961 edition), is amended by strik- ^9 Stat. 105. ing the term "inspector of buildings" wherever such term appears therein and inserting in lieu thereof "Commissioners". The first sentence of the first section of such Act, as amended, is amended by striking "his opinion" and inserting in lieu thereof "their opinion" and by striking "he shall" and inserting in lieu thereof "they shall'-. SEC. 2. The first section of such Act, as amended (sec. 5-501, D.C. J^y,<>^^^^^-'°^(yode, 1961 edition), is amended by adding at the end thereof the following: "The term 'Commissioners' means the Commissioners of the District of Columbia sitting as a board or the agent or agents designated by them to perform any function vested in said Commissioners by this Act." SEC. 3. Section 3 of such Act, as amended (sec. 5-503, D.C. Code, 1961 edition), is amended by striking the third sentence therefrom. SEC. 4. Section 4 of the Act of March 1, 1899 (30 Stat. 923), as JuthoHty for amended (sec. 5-504, D.C. Code, 1961 edition), is hereby amended (a) removal. by inserting " (a) " immediately after "SEC. 4 "; (b) by inserting "any 49 Stat. 107. dead, dangerous, or diseased tree, or part thereof," after "excavation," in the first sentence; (c) by striking "excavation," in the second sentence and inserting in lieu thereof "excavation, or any dead, dangerous, or diseased tree, or part thereof,"; (d) by striking ", parts thereof or miscellaneous accumulation of material or debris" in such second sentence and inserting in lieu thereof "or parts thereof, any miscellaneous accumulation of material or debris, or any dead or dangerous tree, or part thereof, or the removal or spraying of any diseased tree"; (e) by striking from the second sentence "bear interest at the rate of 10 per centum per annum until paid, and be carried on the regular tax rolls of the District of Columbia and shall be collected in the manner provided for the collection of general taxes" and inserting in lieu thereof "be collected in the manner provided in section 6 of ^''"' P* ^°°this Act"; (f) by adding at the end of such section 4(a) the following sentence: "Withm the meaning of this section, a dead tree shall be any tree with respect to which the Commissioners of the District of Columbia or their designated agent have determined that no part thereof is living; a dangerous tree is any tree or part thereof, living or dead, which the said Commissioners or their designated agent shall find is in such condition and is so located as to constitute a danger to persons or property on public space in the vicinity of such tree; and a diseased tree shall be any tree on private property in such a condition of infection from a major pathogenic disease as to constitute, in the opinion of the said Commissioners or their designated agent, a threat to the health of any other tree.", and (g) by adding at the end thereof the following new subsection: " (b) The authority conferred on the Commissioners under subsection (a) with respect to the removal of dangerous and diseased* trees constituting a nuisance shall be exercised by the Commissioners only 31-667 0-65—41

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PUBLIC LAW 88-486-AUG. 22, 1964

[78 STAT.

after every reasonable effort has been made to abate such nuisance other than by the removal of any such tree, or part thereof." ^ll\ ^""^ ^^' SEC. 5. Such x\.ct, as amended, is amended by inserting the penses following sections immediately after section 4, reading as follows: "SEC. 5. The Commissioners shall determine the cost and expense of any work performed by them under the authority of the first four sections of this Act, including the cost of making good damage to adjoining premises (except such as may have resulted from carelessness and willful recklessness in the demolition or removal of any structure) less the amount, if any, received from the sale of old material, and shall assess such cost and expense upon the lot or ground whereon such structure, excavation, or nuisance stands, stood, was dug, was located, or existed, and this amount shall be collected in the manner provided in section 6 of this Act. Any person, corporation, partnership, syndicate, or company subject to the provisions of the first three sections of this Act who shall neglect or refuse to perform any act required by such sections shall be punished by a fine not exceeding $50 for each and every day said person, corporation, partnership, syndicate, or company fails to perform any act required by such sections. Taxes, payment. "SEC. 6. Aiij tax authorizcd to be levied and collected under this Act may be paid without interest within sixty days from the date such tax was levied. Interest of one-half of 1 per centum for each month or part thereof shall be charged on all unpaid amounts from the expiration of sixty days from the date such tax was levied. Any such tax may be paid in three equal installments with interest thereon. If any such tax or part thereof shall remain unpaid after the expiration of two years from the date such tax was levied, the property against which said tax was levied may be sold for such tax or unpaid portion thereof with interest and penalties thereon at the next ensuing annual tax sale in the same manner and under the same conditions as property sold for delinquent general real estate taxes, if said tax with interest and penalties thereon shall not have been paid in full prior to said sale." SEC. 6. Section 5 of such Act, as amended (s^c. 5-505, I). ( \ Code, 49 Stat. 107. 1961 edition), is renumbered "SEC. 7." and is amended to read as follows: Service of "SEC. 7. (a) Any notice required by this Act to be served shall be notice. deemed to have been served when served by any of the following methods: (1) When forwarded to the last known address of the owner as recorded in the real estate assessment records of the District of Columbia, by registered or certified mail, with return receipt, and such receipt shall constitute prima facie evidence of service upon such owner if such receipt is signed either by the owner or by a person of suitable age and discretion located at such address: Provided, That valid service upon the owner shall be deemed effected if such notice shall be refused by the owner and not delivered for that reason; or (2) when delivered to the person to be notified; or (3) when left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein; or (4) if no such residence or place of business can be found in the District of Columbia by reasonable search, then if left with any person of suitable age and discretion employed at the office of any agent of the person to be notified, which agent has any authority or duty with reference to the land or tenement to which said notice relates; or (5) if any such notice forwarded by registered or certified mail be returned for reasons other than refusal, or if personal service of any such notice, as hereinbefore provided, cannot be effected, then if published on three consecutive days in a daily newspaper published

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601

in the District of Columbia; or (6) if by reason of an outstanding unrecorded transfer of title the name of the owner in fact cannot be ascertained beyond a reasonable doubt, then if served on the owner of record in a manner hereinbefore provided. Any notice to a corporation shall, for the purposes of this Act, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of notices on natural persons holding property in their own right, and notices to a foreign corporation shall, for the purposes of this Act, be deemed to have been served if served personally on any agent of such corporation, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the District of Columbia. "(b) In case such notice is served by any method other than personal service, a copy of such notice shall also be sent to the owner by ordinary mail." SEC. 7. Such Act, as amended, is amended by inserting a new section immediately after section 7, as renumbered by this amendatory Act, reading as follows: "SEC. 8. Whenever the Commissioners find that any building or part unsafe btdid- °^ of a building, staging, or other structure, or anything attached to or ings, authority. connected with any building or other structure or excavation shall cause a building to be unsafe for human occupancy, they shall give jiotice of such fact to the owner or other person having an interest in such building, and to the occupant or occupants thereof. If within five days after such notice has been served upon such owner or other interested person, such building or part thereof has not been made safe for human occupancy, the Commissioners may order the use of such l)uilding or part thereof discontinued until it has been made safe: Provided, That if in the opinion of the Commissioners the unsafe condition of the building or part thereof is such as to be imminently dangerous to the life or limb of any occupant, the Commissioners may order the immediate discontinuance of the use of such building or part thereof. Any person occupying, or permitting the occupancy of, such l)uilding or part thereof m violation of such order of the Commissioners shall be fined not more than $300 or imprisoned for not more than thirty days." SEC. 8. Section 6 of such Act, as amended, is renumbered "SEC. 9." ^^ ^^^^' ^°Approved August 22, 1964. Public Law 88-487 AN ACT To promote the economic and social development of the Trust Territory of the Pacific Islands, and for other purposes.

[H. R. 3198]

Be H enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the '^"""^^ Territory Act of June 30, 1954 (68 Stat. 330; 48 U.S.C. 1681), is hereby amended blinds'!"""' by inserting at the end thereof the following new subsection (b) and Assistance proby designating the existing section as subsection (a): grams. " (b) The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by

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 suggestive distinctive character appears to us to be the great difference in the relative sizes of the compound eyes. In  they reach about one third the length of the carapace, but in both   and   they are but one fifth or less of the length of the carapace. For this reason  makes a rather youthful impression when compared with our forms. Altogether, the differences are so small that Schmidt's suggestion that they are but geographical varieties, is fully supported.

The relations of  and   are described under the latter species. It may be here stated that the two are more closely related to each other, than either of them to, indicating that they had but lately separated. Their differences rest mainly in the shape of the carapace and they are duplicated by those between  and , two forms associated in the same (Baltic) rocks.

The  described by Sarle from the Pittsford shale, is also very closely related to   and lacustris, indeed is hardly more than a mutation and therefore undoubtedly a direct ancestor of the two later Bertie waterlime species.

Several of our specimens of  are so favorably preserved that they present features not observed before. The most important of these is that represented in plate 6, figure 6, which comes from a porous bed of coarse dolomite at Morganville, N. Y., in which the integuments are but little or not at all flattened. It shows a distinct glabella, corresponding in form and extension to that of Limulus and obviously due to the same causes. The same specimen also exhibits a deep furrow surrounding the lateral eyes and an obscure broad ridge connecting the latter and bearing the ocelli. The frontal slope is even and uniform and a narrow flat or slightly depressed border is found inside the beveled edge. Another partially compressed specimen [ pl. 6, fig. 5] exhibits the glabella and a broad smooth border, corresponding in extent to the underlying frontal membrane of the underside of the carapace.


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PUBLIC LAW 88-4S8~AUG. 22, 1964

48 USC 1681 note.

76 Stat. 64.

Revolving fund, abolishment.

[78 STAT.

such agency, if the assistance or progam will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further. That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program." SEC. 2. Subsection 303(1) of the Communications Act of 1934 (48. Stat. 1082), as amended (47 U.S.C. 303(1)), is hereby amended by inserting the words: ", or citizens of the Trust Territory of the Pacific Islands presenting valid identity certificates issued by the High Commissioner of such Territory," immediately following the words "citizens or nationals of the United States". SEC. 3. The revolving fund authorized by the Department of the Interior and Related Agencies Appropriation Act, 1956 (69 Stat. 141, 149), to be available during fiscal year 1956 for loans to locally owned private training companies in the Trust Territory of the Pacific Islands, which revolving fund has been continued by subsequent annual appropriation Acts, is hereby abolished, and the total assets of the revolving fund are contributed as a grant to the government of the Trust Territory for use as a development fund within the Trust Territory of the Pacific Islands. Approved August 22, 1964. Public Law 88-488

August 22. 1964 [H.J. Res. 1160] Continuing appropriations, 1965, Ante, p. 223.

JOINT RESOLUTION Making continuing appropriations for the fiscal year 1965, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (c) of section 102 of the joint resolution of June 29, 1964 (Public Law 88-325), is hereby amended by striking out "August 31, 1964" and inserting in liei} thereof "September 30, 1964". Approved August 22, 1964. Public Law 88-489 AN ACT

August 26, 1964

[^•^"'^^^ P r i v a t e Ownership of Special Nuclear Materials Act. 68 Stat. 9 2 1. 42 USC 2012. 42 USC 2013.

To amend the Atomic Energy Act of 1954, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of Amerioa in Congress assenibed, That subsection 2 b. of the Atomic Energy Act of 1954, as amended, is deleted. SEC. 2. Subsection 2 h. of the Atomic Energy Act of 1954, as amended, is deleted. SEC. 3. Subsection 3 c. of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "c. a program for Government control of the possession, use, and production of atjOmic energy and special nuclear material, whether owned by the Government or others, so directed as to make the maximum contribution to the common defense and secu-

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PUBLIC LAW 88-489-AUG. 26, 1964

rity and the national welfare, and to provide continued assurance ^f the Government's ability to enter into and enforce agreements with nations or groups of nations for the control of special nuclear materials and atomic weapons." SEC. 4. Section 52 of the Atomic Energy Act of 1954, as amended, is repealed. All rights, title, and interest in and to any special nuclear material vested in the United States solely by virtue of the provisions of the first sentence of such section 52, and not by any other transaction authorized by the Atomic Energy Act of 1954, as amended, or other applicable law, are hereby extinguished. SEC. 5. Subsection 53 a. of the Atomic Energy Act of 1954, as amended, between the words *'The Commission" and "such material" is amended to read as follows: "a. The Commission is authorized (i) to issue licenses to transfer or receive in interstate commerce, transfer, deliver, acquire, possess, own, receive possession of or title to, import, or export under the terms of an agreement for cooperation arranged pursuant to section 123, special nuclear material, (ii) to make special nuclear material available for the period of the license, and, (iii) to distribute special nuclear material within the United States to qualified applicants requesting such material—" SEC. 6. Subsection 53 c. of ihe Atomic Energy Act of 1954, as amended, is amended to read as f ollows: "c. (1) The Commission may distribute special nuclear material licensed under this section by sale, lease, lease with option to buy, or grant: Provided, however, That unless otherwise autnorized by law, the Commission shall not after December 31, 1970, distribute special nuclear material except by sale to any person who possesses or operates a utilization facility under a license issued pursuant to section 103 or 104 b. for use in the course of activities under such license; nor shall the Commission permit any such person after June 30, 1973, to continue leasing for use in the course of such activities special nuclear material previously leased to such person by the Commission. "(2) The Commission shall establish reasonable sales prices for the special nuclear material licensed and distributed by sale under this section. Such sales prices shall be established on a nondiscriminatory basis which, in the opinion 'of the Commission, will provide reasonable conipensaton to the Government for such special nuclear material. "(3) The Commission is authorized to enter into agreements with licensees for such period of time as the Commission may deem necessarv or desirable to distribute to such licensees such quantities of special nuclear material as may be necessary for the conduct of the licensed activity. I n such agreements, the Commission may agree to repurchase any special nuclear material licensed and distributed by sale which is not consumed in the course of the licensed activity, or any uranium remaining after irradiation of such special nuclear material, at a repurchase price not to exceed the Commission's sale price for comparable special nuclear material or uranium in effect at the time of delivery of such material to the Commission. "(4) The Commission may make a reasonable charge, determined pursuant to this section, for the use of special nuclear material licensed and distributed by lease under subsection 53 a. (1), (2) or (4) and shall make a reasonable charge determined pursuant to this section for the use of special nuclear material licensed and distributed by lease under subsection 53 a. (3). The Commission shall establish criteria in writing for the determination of whether special nuclear

Repeal. 42 USC 2072.

Nuclear material, licenses. 42 USC 2073.

42 USC 2153.

Distribution.

42 USC 2133, 2134.

Agreements,

eharges. 68 Stat. 930. 42 USC 2073.

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42 USC 2133.

42 USC 2134. Purchase of special nuclear material. 42 USC 2074.

Acquisition. 42 USC 2075.

41 USC 5.

PUBLIC LAW 88-489-AUG. 26, 1964

[78 STAT.

material will be distributed by grant and for the determination of whether a charge will be made for the use of special nuclear material licensed and distributed by lease under subsection 53 a.. (1), (2) or (4), considering, amon^ other things, whether the licensee is a nonprofit or eleemosynary institution and the purposes for which the special nuclear material will be used." SEC. 7. Subsection 53 d. of the Atomic Energy Act of 1954, as amended, is amended by adding the words "by lease" after the word "distributed", and by amending subsection d. (5) to read as follows: "(5) with respect to special nuclear material consumed in a facility licensed pursuant to section 103, the Commission shall make a further charge equivalent to the sale price for similar special nuclear material established by the Commission in accordance with subsection 53 c. (2), and the Commission may make such a charge with respect to such material consumed in a facility licensed pursuant to section 104." SEC. 8. Subsection 53 e. of the Atomic Energy Act of 1954, as amended, is amended by deleting subsection 53 e. (1). SEC. 9. Section 54 of the Atomic Energy Act of 1954, as amended, is amended by adding the following at the end thereof: "The Commission may agree to repurchase any special nuclear material distributed under a sale arrangement pursuant to this section which is not consumed in the course of the activities conducted in accordance with the agreement for cooperation, or any uranium remaining after irradiation of such special nuclear material, at a repurchase price not to exceed the Commission's sale price for comparable special nuclear material or uranium in effect at the time of delivery of such material to the Commission. The Commission may also agree to purchase, consistent with and within the period of the agreement for cooperation, special nuclear material produced in a nuclear reactor located outside the United States through the use of special nuclear material which was leased or sold pursuant to this section. LTnder any such agreement, the Commission shall purchase only such material as is delivered to the Commission during any period when there is in effect a guaranteed purchase price for the same material produced in a nuclear reactor by a person licensed under section 104, established by the Commission pursuant to section 56, and the price to be paid shall be the price so established by the Commission and in effect for the same material delivered to the Commission." SEC. 10. Section 55 of the Atomic Energy Act of 1954, as amended, is amended to read as follows: "SEC. 55. ACQUISITION.—The Commission is authorized, to the extent it deems necessary to effectuate the provisions of this Act, to purchase without regard to the limitations in section 54 or any guaranteed purchase prices established pursuant to section 56, and to take, requisition, condemn, or otherwise acquire any special nuclear material or any interest therein. Any contract of purchase made under this section may be made without regard to the provisions of section 3709 of the Revised Statutes, as amended, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable. Partial and advance payments may be made under contracts for such purposes. J u s t compensation shall be made for any right, property, or interest in property taken, requisitioned, or condemned under this section."

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SEC. 1 L Section 56 of the Atomic Energy Act of 1954, as amended, Guaranteed puris amended to read as follows; ''^eTstatl^'gai. "SEC. 56. GUARANTEED PURCHASE PRICES.—The Cohimission shall 42 USC 2076. establish guaranteed purchase prices for plutonium produced in a nuclear reactor by a person licensed under section 104 and delivered to the Commission before January 1, 1971. The Commission shall also establish for such periods of time as it may deem necessary but not to exceed ten years as to any such period, guaranteed purchase prices for uranium enriched in the isotope 233 produced in a nuclear reactor by a person licensed under section 104 and delivered to the ^2 USC 2134. Commission within the period of the guarantee. Guaranteed purchase prices established under the authority of this section shall not exceed the Commission's determination of the estimated value of plutonium or uranium enriched in the isotope 233 as fuel in nuclear reactors, and such prices shall be established on a nondiscriminatory basis: Provided, That the Commission is authorized to establish such guaranteed purchase prices only for such plutonium or uranium enriched in the isotope 233 as the Commission shall determine is produced through the use of special nuclear material which was leased or sold by the Commission pursuant to section 53." SEC. 12. Section 57 of the Atomic Energy Act of 1954, as amended, ^ unauthorized ,

,

,

,

«

„

IS amended to read as lollows:

'

' handling.

42 USC 2077.

" SEC. 57. PROHIBITION.—

"a. Unless authorized by a general or specific license issued by the Commission, which the Commission is authorized to issue pursuant to section 53, no person may transfer or receive in interstate commerce, transfer, deliver, acquire, own, possess, receive possession of or title to, or import into or export from the United States any special nuclear material. "b. It shall be unlawful for any person to directly or indirectly engage in the production of any special nuclear material outside of the Ignited States except (1) under an agreement for cooperation made pursuant to section 123, or (2) upon authorization by 42 USC 2153. the Commission after a determination that such activity will not be inimical to the interest of the United States, "c. The Commission shall not— "(1) distribute any special nuclear material to any person for a use which is not under the jurisdiction of the United States except pursuant to the provisions of section 54; or "(2) distribute any special nuclear material or issue a license pursuant to section 53 to any person within the United States if the Commission finds that the distribution of such special nuclear material or the issuance of such license would be inimical to the common defense and security or would constitute an unreasonable risk to the health and safety of the public." SEC. 13. Section 58 of the Atomic P^nergy Act of 1954, as amended, Congressionai is amended \o read as follows: "^^riStat. 275. "SEC. 58. REVIEW.—Before the Commission establishes any guar- 42 USC 2078. anteed purchase price or guaranteed purchase price period in accordance with the provisions of section 56, or establishes any criteria for the waiver of any charge for the use of special nuclear material licensed and distributed under section 53, the proposed guaranteed purchase price, guaranteed purchase price period, or criteria for the waiver of such charge shall be submitted to the Joint Committee and a

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68 Stat. 938. 42 USC 2135.

42 USC 2153.

contract authority. 42 USC 2201.

42 USC 2221.

PUBLIC LAW 88-489-AUG. 26, 1964

[78 STAT.

period of forty-five days shall elapse while Congress is in session (in computing such forty-five days there shall be excluded the days in which either House is not in session because of adjournment for more than three days): Provided, however, That the Joint Committee, after having received the proposed guaranteed purchase price, guaranteed purchase price period, or criteria for the waiver of such charge, may by resolution in writing waive the conditions of, or all or any portion of, such forty-five-day period." SEC. 14, Section 105 of the Atomic Energy Act of 1954, as amended, is amended by deleting the phrase ", including the provisions which vest title to all special nuclear material in the United States," from the first sentence of subsection 105 a. SEC. 15. Section 123 of the Atomic Energy Act of 1954, as amended, is amended by adding "53," after the word "sections" in the first sentence. SEC. 16. Section 161 of the Atomic Energy Act of 1954, as amended, is amended by adding thereto the following new subsection: "v. (A) enter into Qontracts with persons licensed under sections 53,63,103 or 104 for such periods of-time as the Commission may deem necessary or desirable to provide, after December 31, 1968, for the producing or enriching of special nuclear material in facilities owned by the Commission; and " (B) enter into contracts to provide, after December 31, 1968, for the producing or enriching of special nuclear material in facilities owned by the Commission in accordance with and within the period of an agreement for cooperation arranged pursuant to section 123 while comparable services are made available pursuant to paragraph (A) pf this subsection: Provided, That (i) prices for services under paragraph (A) of this subsection shall be established on a nondiscriminatory basis; (ii) prices for services under paragraph (B) of this subsection shall be no less than prices under paragraph (A) of this subsection; and (iii) any prices established under this subsection shall be on a basis which will provide reasonable compensation to the Government: And provided further, That the Commission, to the extent necessary to assure the maintenance of a viable domestic uranium industry, shall not offer such services for source or special nuclear materials of foreign origin intended for use in a utilization facility within or under the jurisdiction of the United States. The Commission shall establish criteria in writing setting forth the terms and conditions under which services provided under this subsection shall be made available including the extent to which such services will be made available for source or special nuclear material of foreign origin intended for use in a utilization facility within or under the jurisdiction of the United States: Provided, That before the Commission establishes such criteria, the proposed criteria shall be submitted to the Joint Committee, and a period of forty-five days shall elapse while Congress is in session (in computing the forty-five days there shall be excluded the days in which either House is not in session because of adjournment for more than three days) unless the Joint Committee by resolution in writing waives the conditions of, or all or any portion of, such forty-five-day period." SEC. 17. Section 171 of the Atomic Energy Act of 1954, as amended, is amended by deleting the phrase "52 (with respect to the material for

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607

which the United States is retjuired to pay just compensation)," from the first sentence; and by adding "55" after "43," in the first sentence. SEC. 18. Subsection 183 a. of the Atomic Energy Act of 1954, as 42 USC 2233. amended, is deleted. SEC. 19. Section 184 of the Atomic Energy Act of 1954, as amended, 42 USC 2234. is amended by adding the words "or special nuclear material," after "other lien upon any facility" in the second sentence; and by deleting the word "property in the second sentence and substituting the word "facility" m lieu thereof. SEC. 20. Nothing in this Act shall be deemed to diminish existing authority of the United States, or of the Atomic Energy Commission 68 Stat. 9 19. under the Atomic Energy Act of 1954, as amended, to regulate source, 42 USC 2011 byproduct, and special nuclear material and production and utilization note facilities, or to control such materials and facilities exported from the United States by imposition of governmental guarantees and security safeguards with respect thereto, in order to assure the common defense and security and to protect the health and safety of the public, or to reduce the responsibility of the Atomic Energy Commission to achieve such objectives. SEC. 21. This Act may be cited as the "Private Ownership of Spe- Short title. cial Nuclear Materials Act." Approved August 26, 1964. Public Law 88-490 AN ACT To amend section 41(H) of the Trading With the Enemy Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 41(a) of the Trading With the Enemy Act (50 U.S.C. App. 42 (a)), as added thereto by section 206 of the Act of October 22, 1962 (76 Stat. 1115), is amended by— (1) striking out in the first sentence thereof the words "report to the Congress concerning", and inserting in lieu thereof the words "render judgment upon"; (2) striking out in the second sentence thereof the words "one year after the date of the enactment of this Act", and inserting m lieu thereof the words "two years after the date of enactment of this section". Approved August 26, 1964.

August 26, 1964 [S. 1451]

Trading With the Enemy Act, amendment.

Public Law 88-491 AN ACT

To preserve the jurisdiction of the Congress over construction of hydroelectric projects on the Colorado River below Glen Canyon Dam.

August 27, 1964 [S. 502]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no licenses or H^dr^t" ^^^*'" permits shall be issued under the Federal Power Act (16 U.S.C. 791a- projecTs! ^*" 823) nor any applications for such licenses or permits be accepted for ^i Stat. loea; filing for the reach of the Colorado Eiver between Glen Canyon Dam "^^e'usc^824and Lake Mead during the period ending December 31, 1966: Provided, 825r. That nothing herein shall change or affect for the purposes of any action which may be taken subsequent to such date the present status, equities, position, rights, or priorities of any parties to applications pending on the date of the enactment of this Act. Approved August 27, 1964.

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[78 STAT.

Public Law 88-492 August 27, 1964 [S. 16]

Ozark National Scenic R i v e r w a y s, Mo. Establishment.

Acquisition of land, e t c.

AN ACT To provide for the establishment of the Ozark National Scenic Riverways in the State of Missouri, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of conserving and interpreting unique scenic and other natural values and objects of historic interest, including preservation of portions of the Current River and the Jacks Fork River in Missouri as free-flowing streams, preservation of springs anH caves, management of wildlife, and provisions for use and enjoyment of the outdoor recreation resources thereof by the people of the United States, the Secretary of the Interior (hereinafter referred to as the "Secretary") shall designate for establishment as the Ozark National Scenic Riverways the area (hereinafter referred to as "such area") generally depicted on map numbered NR OZA 7002 entitled "Proposed Ozark National Rivers" dated December 1963 which map is on file for public inspection in the office of the National P a r k Service, Department of the Interior: Provided, That the area so designated shall not include more than sixty-five thousand acres of land now in private ownership and that no lands shall be designated within two miles of the present boundaries of the municipalities of Eminence and Van Buren, Missouri. The Secretary, with the concurrence of the State, shall designate for inclusion in the Ozark National Scenic Riverways, the lands composing Big Springs, Alley Springs, and Round Spring State Parks, and the Secretary is hereby directed to negotiate with the State for the donation and the inclusion of such park lands in the Ozark National Scenic Riverways. SEC. 2. The Secretary may, within the area designated or altered pursuant to section 4, acquire lands and interests therein, including scenic easements, by such means as he may deem to be in the public interest: Provided, That scenic easements may only be acquired with the consent of the owner of the lands or waters thereof: And provided further, That any parcel of land containing not more than five hundred acres, which borders either the Current River or the Jacks Fork River, and which is being primarily used for agricultural purposes, shall be acquired by the Secretary in its entirety unless the owner of any such parcel consents to the acquisition of a part thereof. Property so acquired which lies outside the boundary generally depicted on the map referred to in section 1 of this Act may be exchanged by the Secretary for any land of approximately equal value within the boundaries. Lands and waters owned by the State of Missouri within such area may be acquired only with the consent of the State. Federally owned lands or waters lying within such area shall, upon establishment of the area pursuant to section 4 hereof, be transferred to the administrative jurisdiction of the Secretary, without transfer of funds, for administration as part of the Ozark National Scenic Riverways. SEC. 3. Any owner or owners, including beneficial owners (hereinafter in this section referred to as "owner"), of improved property on the date of its acquisition by the Secretary may, as a condition to such acquisition, retain the right of use and occupancy of the improved property for noncommercial residential purposes for a term ending at the death of such owner, or the death of his spouse, or at the death of the survivor of either of them. The owner shall elect the term to be reserved. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner.

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SEC. 4. When the Secretary determines that lands and waters, or interests therein, have been acquired by the United States in sufficient quantity to provide an administrable unit, he shall declare establishment of the Ozark National Scenic Riverways by publication of notice in the Federal Register. The Secretary may thereafter alter such boundaries from time to time, except that the total acreage in the Ozark National Scenic Riverways shall not exceed sixty-five thousand acres, exclusive of land donated by the State of Missouri or its political subdivisions and of federally owned land transferred f)ursuant to section 2 of this Act. SEC. 5. (a) In furtherance of the purposes of this Act, the Secretary is authorized to cooperate with the State of Missouri, its political subdivisions, and other Federal agencies and organizations in formulating comprehensive plans for the Ozark National Scenic Riverways and for the related watershed of the Current and Jacks Fork Rivers in Missouri, and to enter into agreements for the implementation of such plans. Such plans may provide for land use and development programs, for preservation and enhancement of the natural beauty of the landscape, and for conservation of outdoor resources in the watersheds of the Current and Jacks Fork Rivers. (b) The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the Ozark National Scenic Riverways area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no hunting shall be permitted, for reasons of public safety, administration, or public use and enjoyment and shall issue regulations after consultation with the Conservation Commission of the State of Missouri. SEC. 6. The Ozark National Scenic Riverways shall be administered in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and in accordance with other laws of general application relating to the areas administered and supervised by the Secretary through the National P a r k Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this Act. SEC. 7. (a) There is hereby established an Ozark National Scenic Riverways Commission. The Commission shall cease to exist ten years after the date of establishment of the area pursuant to section 4 of this Act. (b) The Commission shall be composed of seven members each appointed for a term of two years by the Secretary as follows: (1) F o u r members to be appointed from recommendations made by the members of the county court in each of the counties in which the Ozark National Scenic Riverways is situated (Carter, Dent, Shannon, and Texas), one member from the recommendations made by each such court; (2) Two members to be appointed from recommendations of the Governor of the State of Missouri; and (3) One member to be designated by the Secretary. (c) The Secretary shall designate one member to be chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) A member of the Commission shall serve without compensation. The Secretary shall reimburse members of the Commission for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission.

609 Publication in Federal Register.

Cooperative land development programs.

Administration. 16 USC 1-4.

Commission, establishment.

Members.

Reimbursements.

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Appropriation.

PUBLIC LAW 88-493-AUG. 27, 1964

[78 STAT.

(e) The Secretary or his designee shall from time to time consult with the members of the Commission with respect to matters relating to the development of the Ozark National Scenic Kiverways, and shall consult with the members with respect to carrying out the provisions of this Act. (f) I t shall be the duty of the Commission to render advice to the Secretary from time to time upon matters which the Secretary may refer to it for its consideration. SEC. 8. There are hereby authorized to be appropriated such sums (but not more than $7,000,000 for the acquisition of lands or interests in hinds) as are necessary to carry out the purposes of this Act. Approved August 27, 1964.

Public Law 88-493 August 27, 1964 ^^' ^917] Foreign officials. Protection. 62 Stat. 688.

Penalties.

65 Stat. 721.

Powers of arrest.

AN ACT rpy provide authority to protect heads of foreign states and other officials. Be it enacted by the Senate and Hause of Representatives of the United States of America in Congress assembled, That section 112 of title 18, United States Code, is amended to read as follows: ^§112. Assaulting certain foreign diplomatic and other official personnel "Whoever assaults, strikes, wounds, imprisons, or offers violence to the person of a head of foreign state or foreign government, foreign minister, ambassador or other public minister, in violation of the law of nations, shall be fined not more than $5,000, or imprisoned not more than three years, or both. "Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000, or imprisoned not more than ten years, or both." SEC. 2. The analysis in chapter 7, title 18, United States Code, is amended by deleting "112. Assaulting public minister" and inserting in lieu thereof "112. Assaulting certain foreign diplomatic and other official personnel". SEC. 3. Section 1114 of title 18, United States Code, is amended by inserting immediately before "while engaged in the performance of his official duties," the following: "or any security officer of the Department of State or the Foreign Service,". SEC. 4. The Act of June 28, 1955 (ch. 199, 69 Stat. 188; 5 U.S.C. 170e) is amended by adding a new section at the end thereof, to read as follows: "SEC. 2. Security officers of the Department of State and the Foreign Service engaged in the performance of the duties prescribed in section 1 of this Act are empowered to arrest without warrant and deliver into custody any person violating section 111 or 112 of title 18, United States Code, in their presence or if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a violation. SEC. 5. Nothing contained in this Act shall create immunity from criminal prosecution under any laws in any State, Commonwealth of Puerto Kico, territory, possession, or the District of Columbia. Approved August 27, 1964.

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PUBLIC LAW 88-495-AUG. 27, 1964

611

Public Law 88-494 AN ACT To authorize the Secretary of Agriculture to relinquish to the State of Wyoming jurisdiction over those lands within the Medicine Bow National Forest known as the Pole Mountain District.

August 27, 1964 [S.51]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secre- Na'^ro1!ai''Fofe°s't tary of Agriculture is authorized to relinquish to the State of wyo. Wyoming such measure as he may deem desirable of legislative L and s. jurisdiction heretofore acquired by the United States over lands within the Medicine Bow National Forest constituting the area known as the Pole Mountain District, created by Executive Order Numbered 4245, dated June 5, 1925, as amended by public land order 24 F. R. 5 7 2 1. numbered 1897, dated Julv 10, 1959. (b) Relinquishment of jurisdiction under the authority of this Act may be made by filing with the Governor of the State of Wyoming a notice of such relinquishment, which shall take effect upon acceptance thereof by the State of Wyoming in such manner as the laws of such State may prescribe. Approved August 27, 1964. Public Law 88-495 AN,ACT To authorize the Secretary of the Interior to condemn certain property in the city of Saint Augustine, Florida, within the boundary of the Castillo de San Marcos National Monument, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions in section 1(b) of the Act entitled "An Act to add certain lands to Castillo de San Marcos National Monument in the State of Florida", approved July 5, 1960 (74 Stat. 317; 319), that certain lands may be acquired only by negotiation, the Secretary of the Interior is authorized to acquire the following described land, interests therein, and improvements thereon, for the purposes of said Act by condemnation with funds that are hereby authorized to be appropriated for that purpose: All of lots 1 and 5 of block 6 less and except that portion acquired by the Florida Highway Department in 1959 in connection with relocated State Route A - l - A, as shown on the subdivision plat of the city of Saint Augustine prepared June 12, 1923, and filed in the official plat book in the circuit clerk's office of Saint Johns County, Florida, lying northeast of a survey line which is the southerly boundary of the proposed Castillo Drive shown on that certain map in three sheets prepared by E. W. Pacetti and Associates, April 23, 1960, and revised June 2, 1960 (map numbered NM-CSM-3012), and more particularly described as follows: Beginning at a point on the survey line which is south 53 degrees 05 minutes west a distance of 24.0 feet from survey station 31 + 81.00 of Florida State Highways A - l - A and 5, section 7801-114 being station 0 + 00 of the proposed relocated highway; thence, south 36 degrees 55 minutes east a distance of 7.46 feet to a point; thence, on a curve to the right with a radius of 612.0 feet for a distance of 160.22 feet to a point which is station 1 + 67.68; thence, south 21 degrees

August 27, 1964 [S. 2419]

C a s t i l l o de San Marcos National Monument, F l a,

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[78 STAT.

55 minutes east for a distance of 185.22 feet to a point which is station 3 + 52.90; thence, on a curve to the left with a radius of 465.0 feet for a distance of 328,69 feet to a point which is station 6 + 81.59; thence, south 62 degrees 25 minutes east for a distance of 251.13 feet to a point which is station 9 + 32.72; thence, on a curve to the right with a radius of 158.0 feet for a distance of 158.98 feet to the end of this survey line description and being station 10+91.70 of the proposed relocated highway, containing 3,850 square feet more or less. Approved August 27, 1964.

Public Law 88-496 August 27, 1964 [S.J. Res. 162]

International Exposition for Southern California, 1968.

Proclamation.

Repeal.

JOINT RESOLUTION Extending recognition to the International Exposition for Southern California in the year 1968 and authorizing the President to issue a proclamation calling upon the several States of the Union and foreign countries to take part in the exposition.

Whereas the International Exposition for Southern California, to be held at Long Beach, California, in the year 1968, the Planet of Man Exposition, will depict the role of arts and sciences, commerce and industry, as it applies to the life of mankind on the planet of Earth; and Whereas the exposition will encompass the five phases of man's life in the realms of living, learning, working, moving, and playing; and Whereas the exposition will exhibit the various cultures of the nations of the Earth; and Whereas the exposition will provide an adequate medium for interchange of information by which all people may evaluate the attainments of men of other nations; and Whereas the exposition will encourage tourist travel to the United States, and stimulate foreign trade; and Whereas the exposition has met with enthusiastic response from official bodies, organizations, and individuals in California, Los Angeles County, and the city of Ix>ng Beach: Therefore be it Resolved l>y the SeTiate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby recognizes the International ExpK>sition for Southern California, in the year 1968 as an event designed to develop and intensify a climate of good will and understanding among men and nations, thereby promoting a lasting peace among all people on the planet of the Earth. SEC. 2. To implement the recognition declared in the first section of this Act, the President, at such time as he deems appropriate, is authorized and requested to issue a proclamation calling upon the several States of the Union and foreign countries to take part in the exposition. SEC. 3. The joint resolution approved August 31, 1962 (T6 Stat. 414), is repealed. Approved August 27, 1964.

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613

Public Law 88-497 AN ACT To amend the Public Health Service Act to extend the authorization for assistance in the provision of graduate or specialized public health training, and for other purposes.

August 27, 1964 [H. R. 11083]

Be it enacted by the Senate and House of Representatives of the Graduate P United States of America in Congress assembled, That this Act may Health T r a i n iu b l i c ng be cited as the "Graduate Public Health Training Amendments of Amendments of 1964. 1964". SEC. 2. (a) Subsection (a) of section 306 of the Public Health Service Act (42 U.S.C. 242d), relating to traineeships for professional 70 Stat. 923. public health personnel, is amended by striking out "seven" and inserting in lieu thereof "twelve" and by inserting immediately after "Congress may determine," the following: "but not to exceed $4,500,000 for the fiscal year ending June 30, 1965, $7,000,000 for the fiscal year ending June 30, 1966, $8,000,000 for the fiscal year ending June 30, 1967, and $10,000,000 each for the fiscal year ending June 30, 1968, and the succeeding fiscal year,". 73 Stat. (b) Subsection (e) of such section is amended by adding at the Report to239. end thereof the following new sentence: "The Surgeon General shall, C(^gre between June 30, 1967, and December 1, 1967, call a similar conference, and shall submit to the Congress, on or before January 1, 1968, a report of such conference, including any recommendations by it relating to the limitation, extension, or modification of this section." SEC. 3. (a) Subsection (a) of section 309 of the Public Health Service Act (42 U.S.C. 242g), relating to project grants to schools for 74 Stat. 819. graduate public health training, is amended by striking out "June 30, 1965" and inserting in lieu thereof "June 30, 1964, $2,500,000 for the fiscal year ending June 30, 1965, $4,000,000 for the fiscal year ending June 30, 1966, $5,000,000 for the fiscal year ending June 30, 1967, $7,000,000 for the fiscal year ending June 30, 1968, and $9,000,000 for the fiscal year ending June 30, 1969". (b) Effective in the case of grants from appropriations for any fiscal year beginning after June 30, 1964, such subsection (a) is amended by striking out "and to those schools of nursing or engineering which provide graduate or specialized training in public health for nurses or engineers, for the purpose of strengthening or expanding graduate public health training in such schools" and inserting in lieu thereof "and to other public or nonprofit private institutions providing graduate or specialized training in public health, for the purpose of strengthening or expanding graduate or specialized public health training in such institutions". (c) Subsection (b) of such section is amended by striking out "schools" wherever it appears therein and inserting in lieu thereof "institutions". Approved August 27, 1964.

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PUBLIC LAW 88-498-AUG. 30, 1964

[78 STAT.

Public Law 80-498 August 30, 1964 [S. 1006]

United States Fishing Fleet Improvement Actj amendment. 46 USC 14011413.

Construction subsidies.

Transfers to other fisheries.

Expiration date.

AN ACT To amend the Act of June 12, 1960, for the correction of iriequities in the construction of fishing vessels, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act pf June 12, 1960, as amended, may be cited as the "United States Fishing Fleet Improvement Act". SEC. 2. The Act of June 12, 1960 (74 Stat. 212), is amended as follows: (1) Strike out the first section and insert in lieu thereof the following: "That in order to correct inequities in the construction of fishing vessels of the United States, the Secretary of the Interior is authorized to pay in accordance with this Act a subsidy for the construction of such vessels in the shipyards of the United States."; (2) in section 2 delete the word "and" at the end of subsection (6); add a new subsection (7) as follows: "(7) the vessel will be of advance design, which will enable it to operate in expanded areas, and be equipped with newly developed gear, and will not operate in a fishery, if such operation would cause economic hardship to efficient vessel operators already operating in that fishery, and", and renumber the present subsection (7) as subsection (8); (3) amend section 3 by inserting "after notice and hearing," following the words "of his discretion,"; (4) delete section 4; (5) in section 5, delete the phrase " 3 3 % per centum" and substitute "50 per cent"; (6) amend section 9 to read: "SEC. 9. The Secretary of the Interior, in the exercise of his discretion, after notice and hearing, may approve the transfer of a vessel constructed with the aid of a construction subsidy, whose operations have become uneconomical or less economical because of an actual decline in the particular fishery for which it was designed, to another fishery where he determines that such transfer would not cause economic hardship or injury to efficient vessel operators already operating in that fishery. If any fishing vessel constructed with the aid of a construction subsidy in accordance with the provisions of this Act, as amended, is operated during its useful life, as determined by the Secretary, contrary to the provisions of this Act or any regulations issued thereunder, the owner of such vessel shall repay to the Secretary, in accordance with such terms and conditions as the Secretary shall prescribe an amount not to exceed the total depreciated construction subsidy paid by the Secretary pursuant to this Act and this shall constitute a maritime lien against such vessel. The obligations under this section shall run with the title to the vessel."; (7) in section 12, delete "$2,500,000" and substitute "$10,000,000"; and (8) amend section 13 to read: "SEC. 13. No application for a subsidy for the construction of a fishing vessel may be accepted by the Secretary after June 30, 1969." Approved August 30, 1964.

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Page:United States Statutes at Large Volume 78.djvu/657

 PUBLIC LAW 88-499-AUG. 30, 1964

78 S T A T. ]

615

Public Law 88-499 AN ACT To provide for continuous improvement of the administrative procedure of Federal agencies by creating an Administrative Conference of the United States, and for other purix)ses.

August 30, 1964 [S. 1664]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may conf^l^ceAir* be cited as the "Administrative Conference Act". FINDINGS A N D DECLARATION OF POLICY

SEC. 2. The Congress finds and declares that— (a) administration of regulatory and other statutes enacted by Congress in the public interest substantially affects large numbers of private individuals and many areas of business and economic activity; (b) the protection of public and private interests requires continuing attention to the administrative procedure of Federal agencies to insure maximum efficiency and fairness in achieving statutory objectives; (c) responsibility for assuring fair and efficient administrative procedure is inherent in the general responsibilities of officials appointed to administer Federal statutes; (d) experience has demonstrated that cooperative effort among Federal officials, assisted hj private citizens and others whose interest, competence, and objectivity enable them to make a unique contribution, can find solutions to complex problems and achieve substantial progress in improving the effectiveness of administrative procedure; and (e) it is the purpose of this Act to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest. DEFINITIONS

SEC. 3. As used in this Act— (a) "Administrative program" includes any Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rulemaking, adjudication, licensing or investigation, as those terms are used in the Administrative Procedure Act (5 U.S.C. 1001-1011), except that it does not include any military, naval, or foreign affairs function of the United States. (b) "Administrative agency" means any authority as defined by section 2(a) of the Administrative Procedure Act (5 U.S.C. 1001(a)). (c) "Administrative procedure" means procedure used in carrying out an administrative program and shall be broadly construed to include any aspect of agency organization, procedure, or management whicn may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but shall not be construed to include the scope of agency responsibility as established by law or matters of substantive policy committed by law to agency discretion. 31-667 0-65—42

60 Stat. 237.

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PUBLIC LAW 88-499-AUG. 30, 1964

[78 STAT.

ADMINISTRATIVE C O N F E R E N C E OF THE UNITED STATES

60 Stat. 808; 75 Stat. 339, 340.

SEC. 4. (a) There is hereby established the Administrative Conference of the United States (hereinafter referred to as the "Conference"), which shall consist of not more than ninety-one nor fewer than seventy-five members appointed as set forth in subsection (b) of this section. (b) The Conference shall be composed of— (1) a full-time Chairman, who shall be appointed for a fiveyear term by the President, by and with the advice and consent of the Senate. The Chairman shall receive compensation at the highest rate established by law for the chairman of an independent regulatory board or commission, and may continue to serve until his successor has been appointed and has qualified; (2) the chairman of each independent regulatory board or commission or a person designated by such board or commission; (3) the head of each executive department or other administrative agency which is designated by the President, or a person designated by such head of a department or agency; (4) when authorized by the Council, one or more appointees from any such board, commission, department, or agency, designated by the department or agency head or, in the case of a board or commission, by the head of such board or commission with the approval of the board or commission; (5) persons appointed by the President to membership upon the Council hereinafter established who are not otherwise members of the Conference; and (6) no more than thirty-six other members appointed by the Chairman, with the approval of the Council, for terms of two years: Provided, That the number of members appointed by the Chairman shall at no time be less than one-third nor more than two-fifths of the total number of members. Such members shall be selected in a manner which will provide broad representation of the views of private citizens and utilize diverse experience, and shall be members of the practicing bar, scholars in the field of administrative law or government, or others especially informed by knowledge and experience with respect to Federal administrative procedure. (c) Members of the Conference other than the Chairman shall receive no compensation for service, but members appointed from outside the Federal Government shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons serving without compensation. /

r

o rD U T I E S A N D POWERS OF THE C O N F E R E N C E

SEC. 5. To carry out the purposes of this Act the Conference is authorized to— (a) study the efficiency, adequacy, and fairness of the administrative procedure used by administrative agencies in carrying out administrative programs, and make recommendations to administrative agencies, collectively or individually, and to the President, the Congress, or the Judicial Conference of the United States, in connection therewith, as it deems appropriate; (b) arrange for interchange among administrative agencies of information potentially useful in improving administrative procedure; and (c) collect information and statistics from administrative agencies and publish such reports as it deems useful for evaluating and improving administrative procedure.

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 78 STAT. ]

PUBLIC LAW 88-499-AUG. 30, 1964 ORGANIZATION OF THE CONFERENCE

SEC. 6. (a) The membership of the Conference meeting in plenary session shall constitute the Assembly of the Conference. The Assembly shall have ultimate authority over all activities of the Conference. Specifically, it shall have power to (1) adopt such recommendations as it deems appropriate for improving administrative procedure: Provided, That any member or members who disagree v»^ith a recom- ^ ^^"^"""^ mendation adopted by the Assembly shall be accorded the privilege of entering dissenting opinions and alternative proposals in the record of Con^rence proceedings, and the opinions and proposals so entered shall accompany the Conference recommendation in any publication or distribution thereof; and (2) adopt bylaws and regulations not inconsistent with this Act for carrying out the functions of the Conference, including the creation of such committees as it deems necessary for the conduct of studies and the development of recommendations for consideration by the Assembly. (b) The Conference shall include a Council composed of the Chair- Council. man of the Conference, who shall be the Chairman of the Council, and ten other members appointed by the President, of whom not more than one-half shall be officials or personnel of Federal regulatory agencies or executive departments. Members other than the Chairman shall be appointed for three-year terms, except that the Council members initially appointed shall serve for one, two, or three years, as designated iJy the President: Provided, That (1) the service of any member shall terminate whenever a change in his employment status would make him ineligible for Council membership under the conditions of his original appointment, and (2) except as provided in item (1), above, any member whose term has expired may continue to serve until a successor is appointed. The Council shall have power to (1) determine the time and place of plenary sessions of the Conference and the agenda for such meetings and it shall call at least one plenary session each year; (2) propose bylaws and regulations, including rules of procedure and committee organization, for adoption by the Assembly; (3) make recommendations to the Conference or its committees upon any subject germane to the purposes of the Conference; (4) receive and consider reports and recommendations of committees of the Conference and transmit them to members of the Conference with the views and recommendations of the Council; (5) designate a member of the Council to preside at meetings of the Council in the absence or incapacity of the Chairman and Vice Chairman; (6) designate such additional officers of the Conference as it may deem desirable; (7) approve or revise the Chairman's budgetary proposals; and (8) exercise such other powders as may be delegated to it by the Assembly. (c) The Chairman shall be the chief executive of the Conference. I n that capacity he shall have power to (1) make inquiries into matters he deems important for Conference consideration, including matters proposed by persons inside or outside the Federal Government; (2) be the official spokesman for the Conference in relations with the several branches and agencies of the Federal Government and with interested organizations and individuals outside the Government, including responsibility for encouraging Federal agencies to effectuate the recommendations of the Conference; (3) request agency heads to provide information needed by the Conference, which information shall be supplied to the extent permitted by law; (4) recommend to the Council appropriate subjects for action by the Conference; (5) appoint, with the approval of the Council, members of committees authorized by the bylaws and regulations of the Conference; (6) pre-

617

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Page:United States Statutes at Large Volume 78.djvu/660

 618

60 Stat. 810.

Report to P r e s ident and Congress.

Vice Chairman.

PUBLIC LAW 88-500-AUG. 30, 1964

[78 STAT.

pare, for approval of the Council, estimates of the budgetary requirements of the Conference; (7) appoint employees, subject to the civil service and classification laws, define their duties and responsibilities, and direct and supervise their activities; (8) rent office space in the District of Columbia; (9) provide necessary services for the Assembly, the Council, and the committees of the Conference; (10) organize and direct studies ordered by the Assembly or the Council, utilizing from time to time, as appropriate, experts and consultants who may be employed as authorized by section 15 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 55a), but at rates for individuals not to exceed $100 per diem; (11) upon request of the head of any agency, furnish assistance and advice on matters of administrative procedure; and (12) exercise such additional authority EIS may be delegated to him by the Council or the Assembly. The Chairman shall preside at meetings of the Council and at each plenary session of the Conference, to which he shall make a full report concerning the affairs of the Conference since the last preceding plenary session. The Chairman shall, on behalf of the Conference, transmit to the President and the Congress an annual report and such interim reports as he deems desirable. (d) The President may designate a member of the Council as Vice Chairman, who shall serve as Chairman in the event of a vacancy in that office or in the absence or incapacity of the Chairman. APPROPRIATIONS

SEC. 7. There are hereby authorized to be appropriated such sums as may be necessary, not to exceed $250,000, to accomplish the purposes of this Act. Approved August 30, 1964. Public Law 88-500 August 30, 1964 [H. R. 189]

Kern County, Calif. Conveyance.

AN ACT To authorize the conveyance of certain Federal land under the jurisdiction of the Naval Ordnance Test Station, China Lake, California, to the county of Kern, State of California.

Be it enacted by the Senate and House of Representatives of the United Stages of America in Congress assembled, That the Secretary of the Navy is hereby authorized to convey to the county of Kern, State of California, a parcel of land containing pne hundred five and onehalf acres, more or less, situated on the Naval Ordnance Test Station, China Lake, California, metes and boundary description of which is on file in the Navy Department. SEC. 2. Said property is to be conveyed to the county pf Kern at a price equal to 50 per centum of the fair market value as determined by the Secretary of the Navy. The conveyance shall provide that the property shall be used and maintained for park, recreational, educational, and other public purposes, and that in the event the property ceases to be used or maintained for such purposes it shall, in its then existing condition, at the option of the Secretary of the Navy, revert to the United States and to the control of the Department of the Navy. The conveyance may contain such additional terms, reservations, restrictions, and Qonditions as may be determined by the Secretary of the Navy to be necessary to safeguard the interests of the United States. Approved August 30, 1964.

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 78 STAT. ]

PUBLIC LAW 88-502-AUG. 30, 1964

619

Public Law 88-501 AN ACT To retrocede to the State of Kansas exclusive jurisdiction over certain State highways bordering Fort Leavenworth Military Reservation and the United States Penitentiary at Leavenworth.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That there is hereby retroceded to the State of Kansas by the United States exclusive jurisdiction over all of the following described areas bordering Fort Leavenworth Military Reservation and the United States Penitentiary at Leavenworth: A strip of land one hundred feet in width along the southern boundary of the Fort Leavenworth Military Reservation and along the southern boundary of the Leavenworth Penitentiary lands being that portion of the Fort Leavenworth Military Reservation donated for exclusive use as a public road by Act of Congress approved July 27, 1868 (15 Stat. 238), which remains United States Government property, being a part of State Highways Numbered 92 and 7, the highway numbered United States 73, and the public road known as Mount Zion Road; Also, a strip of land one hundred feet in width being fifty feet on each side of the centerline of the highway numbered United States 73 and State Highway Numbered 7 extending from the north boundary of the above described one hundred-foot strip northwesterly to the point of intersection of the centerline of said highway with the westerly boundary of said Fort Leavenworth Military Reservation; Also, that portion of the right-of-way of the public road known as Mount Zion Road which extends in a northwesterly direction along the southwesterly boundary of the Leavenworth Penitentiary lands. SEC. 2. The retrocession of exclusive jurisdiction provided by this Act shall take effect upon acceptance by the State of Kansas. Approved August 30, 1964.

August 30, 1964 [S. 2369]

Kansas. State h i g h w a y s, jurisdiction.

Effective date.

Public Law 88-502 AN ACT For the relief of the county of Cuyahoga, Ohio. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $115,928.00 to the county of Cuyahoga, Ohio, in full settlement of all claims against the United States to cover the Government's fair share of the increased costs for the construction of the sewage disposal plant to be constructed for serving the area adjacent to the Veterans' Administration hospital in Brecksville, Ohio: Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved August 30, 1964.

August 30, 1964 [H. R. 5728]

Cuyahoga County, Ohio. Claims payment.

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PUBLIC LAW 88-503-AUG. 30, 1964

[78 STAT.

Public Law 88-503 August 30, 1964 [H. R. 9419]

District of Columbia Securities Act.

AN ACT To provide for the regulation of the business of selling securities in the District of Columbia and for the licensing of persons engaged therein, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION. 1. This Act may be cited as the "District of Columbia Securities Act". DEFINITIONS

54 Stat. 789. 15 USC 80a-51,

SEC. 2. When used in this Act, unless the context otherwise requires— (a) "Agent" means any individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or attempting to effect purchases or sales of securities. "Agent" does not include any individual who represents an issuer in (1) effecting transactions in an exempt security, (2) effecting exempt transactions, or (3) effecting transactions with existing employees, partners, or directors of the issuer or any of its subsidiaries if no commission or other remuneration is paid or given directly or indirectly for soliciting any person in the District. A partner, officer, or director of a broker-dealer or issuer, or a person occupying similar status or performing similar functions, is an agent only if he otherwise comes within this definition. (b) "Broker-dealer" means any person engaged in the business of effecting transactions in securities for the account of others or for his own account. "Broker-dealer" does not include (1) an agent, (2) an issuer, (3) a bank, savings institution, or trust company, or (4) a person who has no place of business in the District if (A) he effects transactions in the District exclusively with or through (i) the issuers of the securities involved in the transactions, (ii) other broker-dealers, or (iii) banks, savings institutions, trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940, pension or profit-sharing trusts, or other financial institutions or institutional buyers, whether acting for themselves or as trustees, or (B) during any period of twelve consecutive months he does not direct more than fifteen offers to sell or buy into the District in any manner to persons other than those specified in clause (A), whether or not the offeror or any of the offerees is then present in the District. (c) "Commission" means the Public Service Commission of the District of Columbia as so designated by section 21 of this Act. (d) "District" means the District of Columbia, either as a territorial area as defined in the first section of the Act of June 22, 1874, entitled "An Act to revise and consolidate the statutes of the United States, general and permanent in their nature, relating to the District of Columbia, in force on the first day of December, in the year of our Lord one thousand eight hundred and seventy-three" (D.C. Code, sec. 1-101), or as the government and municipal corporation of that name as created by section 2 of such Act (D.C, Code, sec. 1-102), depending on the context. (e) For the purpose of subsection (a) of this section "exempt security" means— (1) any security (including a revenue obligation) issued or guaranteed by the United States, any State, any political subdivision of a State, the District, or any agency or corporate or other instrumentality of one or more of the foregoing; or any certificate of deposit for any of the foregoing;

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