text:
Page:United States Statutes at Large Volume 82.djvu/1263

 82 STAT. ]

PUBLIC LAW 90-618-OCT. 22, 1968

"(3) who is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); or "(4) who has been adjudicated as a mental defective or who has been committed to any mental institution; to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. " (i) I t shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen. "(j) I t shall be unlawful for any person to receive, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, or which constitutes, interstate or foreign commerce, knowing or having reasonable cause to believe.that the firearm or ammunition was stolen. " (k) I t shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered. " (1) Except as provided in section 925(d) of this chapter, it shall be unlawful for any person knowingly to import or bring into the United States or any possession thereof any firearm or ammunition; and it shall be unlawful for any person knowingly to receive any firearm or ammunition which has been imported or brought into the United States or any possession thereof in violation of the provisions of this chapter. " (m) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector knowingly to make any false entry in, to fail to make appropriate entry in, or to fail to properly maintain, any record which he is required to keep pursuant to section 923 of this chapter or regulations promulgated thereunder. "§923. Licensing " (a) No person shall engage in business as a firearms or ammunition importer, manufacturer, or dealer until he has filed an application with, and received a license to do so from, the Secretary. The application shall be in such form and contain such information as the Secretary shall by regiilation prescribe. Each applicant shall pay a fee for obtaining such a license, a separate fee being required for each place in which the applicant is to do business, as follows: "(1) If the applicant is a manufacturer— " (A) of destructive devices or ammunition for destructive devices, a fee of $1,000 per year; " (B) of firearms other than destructive devices, a fee of $50 per year; or " (C) of ammunition for firearms other than destructive devices, a fee of $10 per year. " (2) If the applicant is an importer— " (A) of destructive devices or ammunition for destructive devices, a fee of $1,000 per year; or " (B) of firearms other than destructive devices or ammunition for firearms other than destructive devices, a fee of $50 per year. " (3) If the applicant is a dealer— " (A) in destructive devices or ammunition for destructive devices, a fee of $1,000 per year;

1221

1361. J°*^bc"321. 21 USC 74 Stat. 57. 26 USC 4731.

Recordkeeping,

^^^®-

�


text:
Page:United States Statutes at Large Volume 82.djvu/1264

 1222

Approval.

76 Stat. 744. Revocation.

PUBLIC LAW 90-618-OCT. 22, 1968

[82 STAT.

" (B) who is a pawnbroker dealing in firearms other than destructive devices or ammunition for firearms other than destructive devices, a fee of $25 per year; or " (C) who is not a dealer in destructive devices or a pawnbroker, a fee of $10 per year. " (b) Any person desiring to be licensed as a collector shall file an application for such license with the Secretary, The application shall be in such form and contain such information as the Secretary shall by regulation prescribe. The fee for such license shall be $10 per year. Any license granted under this subsection shall only apply to transactions in curios and relics. "(c) Upon the filing of a proj^er application and payment of the I>rescribed fee, the Secretary shall issue to a qualified applicant the appropriate license which, subject to the provisions of this chapter and other applicable provisions of law, shall entitle the licensee to transport, ship, and receive firearms and ammunition covered by such license in interstate or foreign commerce during the period stated in the license. " (d)(1) Any application submitted under subsection (a) or (b) of this section shall be approved if— " (A) the applicant is twenty-one years of age or over; " (B) the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under section 922(g) and (h) of this chapter; " (C) the applicant has not willfully violated any of the provisions of this chapter or regulations issued thereunder; " (D) the applicant has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with his application; and " (E) the applicant has in a State (i) premises from which he conducts business subject to license under this chapter or from which he intends to conduct such business within a reasonable period of time, or (ii) in the case of a collector, premises from which he conducts his collecting subject to license under this chapter or from which he intends to conduct such collecting within a reasonable period of time. " (2) The Seretary must approve or deny an application for a license within the forty-five-day period beginning on the date it is received. If the Secretary fails to act within such period, the applicant may file j^j^ action under section 1361 of title 28 to compel the Secretary to act. If the Secretary approves an applicant's application, such applicant shall be issued a license upon the payment of the prescribed fee. «^^^ 'pj^g Secretary may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of such license has violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter. The Secretary's action under this subsection may be reviewed only as provided in subsection (f) of this section. " (f)(1) Any person whose application for a license is denied and any holder of a license which is revoked shall receive a written notice from the Secretary stating specifically the grounds upon which the application was denied or upon which the license was revoked. Any notice of a revocation of a license shall be given to the holder of such license before the effective date of the revocation.

�

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


text:
Page:United States Statutes at Large Volume 82.djvu/1265

 82 STAT. ]

PUBLIC LAW 90-618-OCT. 22, 1968

1223

" (2) If the Secretary denies an application for, or revokes, a license, "earing, he shall, upon request by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation of a license, the Secretary shall upon the rec^uest of the holder of the license stay the effective date of the revocation. A hearing held under this paragraph shall be held at a location convenient to the aggrieved party. "(3) If after a hearing held under paragraph (2) the Secretary Judicial review. decides not to reverse his decision to deny an application or revoke a license, the Secretary shall give notice of his decision to the aggrieved party. The aggrieved party may at any time within sixty days after the date notice was given under this paragraph file a petition with the United States district court for the district in which he resides or has his principal place of business for a judicial review of such denial or revocation. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding. If the court decides that the Secretary was not authorized to deny the application or to revoke the license, the court shall order the Secretary to take such action as may be necessary to comply with the judgment of the court. " (^) Each 1 icensed importer, licensed manufacturer,, licensed dealer, R ec ordk eep ing. and licensed collector shall maintain such records of importation, production, shipment, receipt, sale, or other disposition, of firearms and ammunition at such place, for such period, and in such form as the Secretary may by regulations prescribe. Such importers, manufacturers, dealers, and collectors shall make such records available for inspection at all reasonable times, and shall submit to the Secretary such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Secretary may enter during business hours the premises (including places of storage) of any firearms or ammunition importer, manufacturer, dealer, or collector for the purpose of inspecting or examining (1) any records or documents required to be kept by such importer, manufacturer, dealer, or collector under the provisions of this chapter or regulations issued under this chapter, and (2) any firearms or ammunition kept or stored by such importer, manufacturer, dealer, or collector at such premises. Upon the request of any State or any political subdivision thereof, the Secretary may make available to such State or any political subdivision thereof, any information which he may obtain by reason of the provisions of this chapter with respect to the identification of persons within such State or political subdivision thereof, who have purchased or received firearms or ammunition, together with a description of such firearms or ammunition. " (h) Licenses issued under the provisions of subsection (c) of this j. ^°^*'"^ °^ section shall be kept posted and kept available for inspection on the ""*" ^* premises covered by the license. "(i) Licensed importers and licensed manufacturers shall identify, by means of a serial number engraved or cast on the receiver or frame or the weapon, in such manner as the Secretary shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer. " (j) This section shall not apply to anyone who engages only in Exemption. hand loading, reloading, or custom loading ammunition for his own firearm, and who does not hand load, reload, or custom load ammunition for others. "§924. Penalties " (a) Whoever violates any provision of this chapter or knowingly makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or in applying for any

96-600 O - 69 - 80

�


text:
Page:United States Statutes at Large Volume 82.djvu/1266

 1224

PUBLIC LAW 90-618-OCT. 22, 1968

[82 STAT.

license or exemption or relief from disability under the provisions of this chapter, shall be fined not more than $5,000, or imprisoned not more than five years, or both, and shall become eligible for parole as the Board of Parole shall determine. "(b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be fined not more than $10,000, or imprisoned not more than ten years, or both. "(c) Whoever— "(1) uses a firearm to commit any felony wiich may be prosecuted in a court of the United States, or "(2) carries a firearm unlawfully during the commission of any felony which may be prosecuted in a court of the United States, shall be sentenced to a term of imprisonment for not less than one year nor more than 10 years. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to a term of imprisonment for not less than five years nor more than 25 years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of such person or give him a probationary sentence. " (d) Any firearm or ammunition involved in or used or intended to be used in, any violation of the provisions of this chapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, shall be subject to seizure and forfeiture and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as Post, p. 1230. (defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter. ^'§925. Exceptions: Relief from disabilities " (a)(1) The provisions of this chapter shall not apply with respect to the transportation, shipment, receipt, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof. "(2) The provisions of this chapter shall not apply with respect to (A) the shipment or receipt of firearms or ammunition when sold or issued by the Secretary of the Army pursuant to section 4308 of title 70A Stat. 236. 10, and (B) the transportation of any such firearm or ammunition carried out to enable a person, who lawfully received such firearm or ammunition from the Secretary of the Army, to engage in military training or in competitions. "(3) Unless otherwise prohibited by this chapter or any other Federal law, a licensed importer, licensed manufacturer, or licensed dealer may ship to a member of the United States Armed Forces on active duty outside the United States or to clubs, recognized by the Department of Defense, whose entire membership is composed of such members, and such members or clubs may receive a firearm or ammunition determined by the Secretary of the Treasury to be generally recognized as particularly suitable for sporting purposes and intended for the personal use of such member or club. "(4) When established to the satisfaction of the Secretary to be consistent with the provisions of this chapter and other applicable Federal and State laws and published ordinances, the Secretary may

�


text:
Page:United States Statutes at Large Volume 82.djvu/1267

 82 STAT. ]

PUBLIC LAW 90-618-OCT. 22, 1968

1225

authorize the transportation, shipment, receipt, or importation into the United States to the place of residence of any member of the United States Armed Forces who is on active duty outside the United States (or who has been on active duty outside the United States within the sixty day period immediately preceding the transportation, shipment, receipt, or importation), of any firearm or ammunition which is (A) determined by the Secretary to be generally recognized as particularly suitable for sporting purposes, or determined by the Department of Defense to be a type of firearm normally classified as a war souvenir, and (B) intended for the personal use of such member. 'United States.' "(5) For the purpose of paragraphs (3) and (4) of this subsection, the term 'Ignited States' means each of the several States and the District of Columbia. " (b) A licensed importer, licensed manufacturer, licensed dealer, or licensed colleotor who is indicted for a crime punishable by imprisonment for a term exceeding one year, may, notwithstanding any other provision of this chapter, continue operation pursuant to his existing license (if prior to the expiration of the term of the existing license timely application is made for a new license) during the term of such indictment and until any conviction pursuant to the indictment becomes final. "(c) A person who has been convicted of a crime punishable by imprisonment for a term exceeding one year (other than a crime involving the use of a firearm or other weapon or a violation of this chapter or of the National Firearms Act) may make application to the Post, p. 1227. Secretary for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, or possession of firearms and incurred by reason of such conviction, and the Secretary may grant such relief if it is established to his satisfaction that the circumstances regarding the conviction, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector conducting operations under this chapter, who makes application for relief from the disabilities incurred under this chapter by reason of such a conviction, shall not be barred by such conviction from further operations under his license pending final action on an application for relief filed pursuant to this section. Whenever the Secretary grants relief to any deaj^''°" '", person pursuant to this section he shall promptly publish in the Federal * ^"^^ Register Register notice of such action, together with the reasons therefor. " (d) The Secretary may authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the person importing or bringing in the firea,rm or ammunition establishes to the satisfaction of the Secretary that the firearm or ammunition— " (1) is being imported or brought in for scientific or research purposes, or is for use in connection with competition or training pursuant to chapter 401 of title 10; ^°^?^'*' ^^'^' "(2) is an unserviceable firearm, other than a machinegun as 4313 ^^°^ defined in section 5845(b) of the Internal Revenue Code of 1954 P°st, P. 1231. (not readily restorable to firing condition), imported or brought in as a curio or museum piece; "(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1954 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms; or

�


text:
Page:United States Statutes at Large Volume 82.djvu/1268

 1226

Post,

PUBLIC LAW 90.618-OCT. 22, 1968

p. 1227.

6< Stat. 848.

.,*i Stat 781; 63 Stat. 95.

[82 STAT.

" (4) was previously taken out of the United States or a possession by the person who is bringing in the firearm or ammunition. The Secretary may permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of such firearm or ammunition will be allowed under this subsection. ^'§926. Rules and regulations "The Secretary may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter, including— "(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license; and ' " (2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection. The Secretary shall give reasonable public notice, and afford to interested parties opportunity for hearing, prior to prescribing such rules and regulations. "§927. Effect on State law "No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together. "§928. Separability "If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby." SEC. 103. The administration and enforcement of the amendment made by this title shall be vested in the Secretary of the Treasury. SEC. 104. Nothing in this title or the amendment made thereby shall be construed as modifying or affecting any provision of— (a) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1954); (b) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), as amended, relating to munitions control; or (c) section 1715 of title 18, United States Code, relating to non•^ 1 i n

7

&

mailable firearms. Effective dates. g^,^ ^05. (a) Except as provided in subsection (b), the provisions of chapter 44 of title 18, United States Code, as amended by section 102 of this title, shall take effect on December 16, 1968. (b) The following sections of chapter 44 of title 18, United States Code, as amended by section 102 of this title shall take effect on the date of the enactment of this title: Sections 921, 922(1), 925(a)(1), and 925(d).

�


text:
Page:United States Statutes at Large Volume 82.djvu/1269

 82 STAT. ]

PUBLIC LAW 90-618-OCT. 22, 1968

1227

TITLE II—MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS SEC. 201. Chapter 53 of the Internal Revenue Code of 1954 is ,

,

.

-F

« T,

National Firearms Act Arnend-

amended to read as follows:

mems of loes.1. 68A Stat. 7 2

"CHAPTER 53—MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS

72 Stat. 1428. 26 USC 58015862.

"Subchapter "Subchapter "Subchapter "Subchapter

A. Taxes. B. General provisions and exemptions. C. Prohibited acts. D. Penalties and forfeitures.

"Subchapter A—Taxes "Part I. Special (occupational) taxes. "Part II. Tax on transferring firearms. "Part III. Tax on making firearms.

"PART I—SPECIAL (OCCUPATIONAL) T A X E S "Sec. 5801. Tax. "Sec. 5802. Registration of importers, manufacturers, and dealers. "SEC. 5801. TAX.

"On first engaging in business and thereafter on or before the first day of July of each year, every importer, manufacturer, and dealer in firearms snail pay a special (occupational) tax for each place of business at the following rates: " (1) IMPORTERS.—$500 a year or fraction thereof; " (2) MANUFACTURERS.—$500 a year or fraction thereof; " (3) DEALERS.—$200 a year or fraction thereof. Except an importer, manufacturer, or dealer who imports, manufactures, or deals in only weapons classified as 'any other weapon' under section 5845(e), shall pay a special (occupational) tax for each place of business at the following rates: Importers, $25 a year or fraction thereof; manufacturers, $25 a year or fraction thereof; dealers, $10 a year or fraction thereof. "SEC. 5802. REGISTRATION OF IMPORTERS, MANUFACTURERS, AND DEALERS. "On first engaging in business and thereafter on or before the first day of July of each year, each importer, manufacturer, and dealer in firearms shall register with the Secretary or his delegate in each internal revenue district in which such business is to be carried on, his name, including any trade name, and the address of each location in the district where he will conduct such business. Where there is a change during the taxable year in the location of, or the trade name ujsed m, such business, the importer, manufacturer, or dealer shall file an application with the Secretary or his delegate to amend his registration. Firearms operations of an importer, manufacturer, or dealer may not be commenced at the new location or under a new trade name prior to approval by the Secretary or his delegate of the application.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1270

 1228

PUBLIC LAW 90-618-OCT. 22, 1968

[82 STAT.

"PART II—TAX ON TRANSFERRING FIREARMS "Sec. 5811. Transfer tax. "Sec. 5812. Transfers. "SEC. 5811. TRANSFER TAX.

"(a) RATE.—There shall be levied, collected, and paid on firearms transferred a tax at the rate of $200 for each firearm transferred, except, the transfer tax on any firearm classified as any other weapon under section 5845(e) shall be at the rate of $5 for each such firearm transferred. " (b) BY W H O M PAID.—The tax imposed by subsection (a) of this section shall be paid by the transferor. "(c) PAYMENT.—The tax imposed by subsection (a) of this section shall be payable by the appropriate stamps prescribed for payment by the Secretary or his delegate. "SEC. 5812. TRANSFERS.

" (a) APPLICATION.—A firearm shall not be transferred unless (1) the transferor of the firearm has filed with the Secretary or his delegate a written application, in duplicate, for the transfer and registration of the firearm to the transferee on the application form prescribed by the Secretary or his delegate; (2) any tax payable on the transfer is paid as evidenced by the proper stamp affixed to the original application form; (3) the transferee is identified in the application form in such manner as the Secretary or his delegate may by regulations prescribe, except that, if such person is an individual, the identification must include his fingerprints and his photograph; (4) the transferor of the firearm is identified in the application form in such manner as the Secretary or his delegate may by regulations prescribe; (5) llie firearm is identified in the application form in such manner as the Secretary or his delegate may by regulations prescribe; and (6) the application form shows that the Secretary or his delegate has approved the transfer and the registration of the firearm to the transferee. Applications shall be denied if the transfer, receipt, or possession of the firearm would place the transferee in violation of law. " (b) TRANSFER OF POSSESSION.—The transferee of a firearm shall not take possession of the firearm unless the Secretary or his delegate has approved the transfer and registration of the firearm to the transferee as required by subsection (a) of this section. "PART III—TAX ON MAKING FIREARMS "Sec. 5821. Making tax. "Sec. 5822. Making. "SEC. 5821. MAKING TAX.

" (a) RATE.—There shall be levied, collected, and paid upon the making of a firearm a tax at the rate of $200 for each firearm made. "(b) BY W H O M PAID.—The tax imposed by subsection (a) of this section shall be paid by the person making the firearm. "(c) PAYMENT.—The tax imposed by subsection (a) of this section shall be payable by the stamp prescribed for payment by the Secretary or his delegate. "SEC. 5822. MAKING.

"No person shall make a firearm unless he has (a) filed with the Secretary or his delegate a written application, in duplicate, to make and register the firearm on the form prescribed by the Secretary or his delegate; (b) paid any tax payable on the making and such payment is evidenced by the proper stamp affixed to the original application form; (c) identified the firearm to be made in the application form

�


text:
Page:United States Statutes at Large Volume 82.djvu/1271

 82 STAT. ]

PUBLIC LAW 90-618-OCT. 22, 1968

1229

in such manner as the Secretary or his delegate may by regulations prescribe; (d) identified himself in the application form in such manner as the Secretary or his delegate may by regulations prescribe, except that, if such person is an individual, the identification must include his fingerprints and his photograph; and (e) obtained the approval of the Secretary or his delegate to make and register the firearm and the application form shows such approval. Applications shall be denied if the making or possession of the firearm would place the person making the firearm in violation of law.

"Subchapter B—General Provisions and Exemptions "Part I. General provisions. "Part II. Exemptions.

"PART I—GENERAL PROVISIONS "Sec. 5841. Registration of firearms. "Sec. 5842. Identification of firearms. "Sec. 5843. Records and returns. "Sec. 5844. Importation. "Sec. 5845. Definitions. "Sec. 5846. Other laws applicable. "Sec. 5847. Effect on other law. "Sec. 5848. Restrictive use of information. "Sec. 5849. Citation of chapter. "SEC. 5841. REGISTRATION OF FIREARMS. " (a) CENTRAL REGISTRY. The Secretary or his delegate shall main- ^ J^^o°"^^ f"J' •

1

•

i>

-ti n

•

^

T-r ',

t e>

,

^ • t

arms Registration

tain a central registry of all firearms m the United States which are and Transfer Recnot in the possession or under the control of the United States. This ""^ "" registry shall l3e known as the National Firearms Registration and Transfer Record. The registry shall include— "(1) identification of the firearm; "(2) date of registration; and "(3) identification and address of person entitled to possession of the firearm. " (b) BY W H O M REGISTERED.—Each manufacturer, importer, and

maker shall register each firearm he manufactures, imports, or makes. Each firearm transferred shall be registered to the transferee by the transferor. "(c) How REGISITSRED.—Each manufacturer shall notify the Secretary or his delegate of the manufacture of a firearm in such manner as may by regulations be prescribed and such notification shall effect the registration of the firearm required by this section. Each importer, maker, and transferor of a firearm shallj prior to importing, making, or transferring a firearm, obtain authorization in such manner as required by this chapter or regulations issued thereunder to import, make, or transfer the firearm, and such authorization shall effect the registration of the firearm required by this section. " (d) FIREARMS REGISTERED ON EFFECTIVE DATE OF T H I S ACT. — A

person shown as possessing a firearm by the records maintained by the Secretary or his delegate pursuant to the National Firearms Act in ^^^ ^*^' ^^i; force on the day immediately prior to the effective date of the National ^^fusc tsoiFirearms Act of 1968 shall be considered to have registered under this 5862. section the firearms in his possession which are disclosed by that record ^°®'' P 1235. as being in his possession. "(e) PROOF OF REGISTRATION.—A person possessing a firearm regis-

tered as required by this section.shall retain proof of registration which shall be made available to the Secretary or his delegate upon request.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1272

 1230

PUBLIC LAW 90-618-OCT. 22, 1968

[82 STAT.

"SEC. 5842. IDENTIFICATION OF FIREARMS. "(a)

IDENTIFICATION OF FIREARMS OTHER T H A N DESTRUCTIVE

DEVICES.—Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary or his delegate may by regulations prescribe. "(b) FIREARMS WITHOUT SERIAL NUMBER.—Any person who possesses a firearm, other than a destructive device, which does not bear the serial number and other information required by subsection (a) of this section shall identify the firearm with a serial number assigned by the Secretary or his delegate and any other information the Secretary or his delegate may by regulations prescribe. "(c) IDENTIFICATION OF DESTRUCTIVE DEVICE.—Any firearm classi-

fied as a destructive device shall be identified in such manner as the Secretary or his delegate may by regulations prescribe. "SEC. 5843. RECORDS AND RETURNS. "Importers, manufacturers, and dealers shall keep such records of, and render such returns in relation to, the importation, manufacture, making, receipt, and sale, or other disposition, of firearms as the SecI'etary or his delegate may by regulations prescribe. "SEC. 5844. IMPORTATION. "No firearm shall be imported or brought into the United States or any territory under its control or jurisdiction unless the importer establishes, under regulations as may be prescribed by the Secretary or his delegate, that the firearm to be imported or brought in is— "(1) being imported or brought in for the use of the United States or any department, independent establishment, or agency thereof or any State or possession or any political subdivision thereof; or " (2) being imported or brought in for scientific or research purposes; or " (3) being imported or brought in solely for testing or use as a model by a registered manufacturer or solely for use as a sample by a registered importer or registered dealer; except that, the Secretary or his delegate may permit the conditional importation or bringing m of a firearm for examination and testing in connection with classifying the firearm. "SEC. 5845. DEFINITIONS. "For the purpose of this chapter— " (a) FIREARM.—The term 'firearm' means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) a muffler or a silencer for any firearm whether or not such firearm is included within this definition; and (8) a destructive device. The term 'firearm' shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary or his delegate finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1273

 82 STAT. ]

PUBLIC LAW 90-618-OCT. 22, 1968

" (b) MACHINEGUN.—The term 'machinegun' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. "(c) RIFLE.—The term 'rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may oe readily restored to fire a fixed cartridge. " (d) SHOTGUN.—The term 'shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be leadily restored to fire a fixed shotgun shell. "(e) A N Y OTHER WEAPON.—The term 'any other weapon' means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily I'estored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition. " (f) DESTRUCTIVE DEVICE.—The term 'destructive device' means (1) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellent charge of more than four ounces, (D) missile having an explosive or incendiary charge of more than onequarter ounce, (E) mine, or (F) similar device; (2) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary or his delegate finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term 'destructive device' shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the United States Code; or any other device which the Secretary of the Treasury or his delegate finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes. " (g) ANTIQUE FIREARM.—The term 'antique firearm' means any firearm not designed or redesigned for using rim fire or conventional

1231

^^^ ^tat. 263.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1274

 1232

PUBLIC LAW 90-618-OCT. 22, 1968

[82 STAT.

center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. " (h) UNSERVICEABLE FIREABM.—The term 'unserviceable firearm' means a firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition. "(i) MAKE.—The term 'make', and the various derivatives of such word, shall include manufacturing (other than by one qualified to engage in such business under this chapter), putting together, altering, any combination of these, or otherwise producing a firearm. "(j) TRANSFER.—The term 'transfer' and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of. " (k) DEALER.—The term 'dealer' means any person, not a manufacturer or importer, engaged in the business of selling, renting, leasing, or loaning firearms and shall include pawnbrokers who accept firearms as collateral for loans. "(1) IMPORTER.—The term 'importer' means any person who is engaged in the business of importing or bringing firearms into the United States. " (m) MANUFACTURER.—The term 'manufacturer' means any person who is engaged in the business of manufacturing firearms. "SEC. 5846. OTHER LAWS APPLICABLE. "All provisions of law relating to special taxes imposed by chapter 26 USC 50of- ^^ ^^^ ^^ engraving, issuance, sale, accountability, cancellation, and 5692. ' distribution of stamps for tax payment shall, insofar as not inconPost, p. 1235. sistent with the provisions of this chapter, be applicable with respect to the taxes imposed by sections 5801, 5811, and 5821. "SEC. 5847. EFFECT ON OTHER LAWS. "Nothing in this chapter shall be construed a,s modifying or affecting the requirements of section 414 of the Mutual Security Act of 1954, 68 Stat. 848. as amended, with respect to the manufacture, exportation, and importa22 USC 1934.

.•

»

 * j *

1

1

j_

{*

tion oi arms, ammunition, and implements oi war. "SEC. 5848. RESTRICTIVE USE OF INFORMATION. "(a) GENERAL RULE.—No information or evidence obtained from an application, registration, or records required to be submitted or retained by a natural person in order to comply with any provision of this chapter or regulations issued thereunder, shall, except a.s provided in subsection (b) of this section, be used, directly or indirectly, as evidence against that person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration, or the compiling of the records containing the information or evidence. " (b) FURNISHING FALSE INFORMATION.—Subsection (a) of this section.shall not preclude the use of any such information or evidence in a prosecution or other action under any applicable provision of law with respect to the furnishing of false information. "SEC. 5849. CITATION OF CHAPTER. "This chapter may be cited as the 'National Firearms Act' and any reference in any other provision of law to the 'National Firearms Act' shall be held to refer to the provisions of this chapter.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1275

 82 STAT. ]

PUBLIC LAW 90-618-OCT. 22, 1968

1233

"PART II—EXEMPTIONS "Sec. 5851. Special (occupational) tax exemption. "Sec..5852. General transfer and making exemption. "Sec. 5853. Exemption from transfer and making tax available to certain governmental entities and oflScials. "Sec. 5854. Exportation of firearms exempt from transfer tax. "SEC. 5851. SPECIAL (OCCUPATIONAL) TAX EXEMPTION. " (a) BUSINESS W I T H UNITED STATES.—Any person required to pay

special (occupational) tax under section 5801 shall be relieved from payment of that tax if he establishes to the satisfaction of the Secretary or his delegate that his business is conducted exclusively with, or on behalf of, the United States or any department, independent establishment, or agency thereof. The Secretary or his delegate may relieve any person manufacturing firearms for, or on behalf of, the United States from compliance with any provision of this chapter in the conduct of such business. " (b) APPLICATION.—The exemption provided for in subsection (a) of this section may be obtained by filing with the Secretary or his delegate an application on such form and containing such information as may by regulations be prescribed. The exemptions must thereafter be renewed on or before July 1 of each year. Approval of the application by the Secretary or his delegate shall entitle the applicant to the exemptions stated on the approved application. "SEC. 5852. GENERAL TRANSFER AND MAKING TAX EXEMPTION.

" (a) TRANSFER.—Any firearm may be transferred to the United States or any department, independent establishment, or agency thereof, without payment of the transfer tax imposed by section 5811. " (b) MAKING BY A PERSON OTHER T H A N A QUALIFIED M A N U -

FACTURER.—Any firearm may be made by, or on behalf of, the United States, or any department, independent establishment, or agency thereof, without payment of the making tax imposed by section 5821. "(c) MAKING BY A QUALIFIED MANUFACTURER.—A manufacturer qualified under this chapter to engage in such business may make the type of firearm which he is qualified to manufacture without payment of the making tax imposed by section 5821. " (d) TRANSFERS BETWEEN SPECIAL (OCCUPATIONAL) TAXPAYERS.—

A firearm registered to a person qualified under this chapter to engage in business as an importer, manufacturer, or dealer may be transferred by that person without payment of the transfer tax imposed by section 5811 to any other person qualified under this chapter to manufacture, import, or deal in that type of firearm. " (e) UNSERVICEABLE FIREARM.—An unserviceable firearm may be

transferred as a curio or ornament without payment of the transfer tax imposed by section 5811, under such requirements as the Secretary or his delegate may by regulations prescribe. " (f) RIGHT TO EXEMPTION.—No firearm may be transferred or made exempt from tax under the provisions of this section unless the transfer or making is performed pursuant to an application in such form and manner as the Secretary or his delegate may by regulations prescribe. "SEC. 5853. TRANSFER AND MAKING TAX EXEMPTION AVAILABLE TO CERTAIN GOVERNMENTAL ENTITIES.

" (a) TRANSFER,—A firearm may be transferred without the payment of the transfer tax imposed by section 5811 to any State, possession of the United States, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigations. "(b) MAKING.—A firearm may be made without payment of the making tax imposed by section 5821 by, or on behalf of, any State, or

Renewal,

�


text:
Page:United States Statutes at Large Volume 82.djvu/1276

 1234

PUBLIC LAW 90-618-OCT. 22, 1968

[82 STAT.

posseasion of the United States, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigations. " (c) RIGHT TO EXEMPTION.—No firearm may be transferred or made exempt from tax under this section unless the transfer or making is performed pursuant to an application in such form and manner as the Secretary or his delegate may by regulations prescribe. "SEC. 5854. EXPORTATION OF FIREARMS EXEMPT FROM TRANSFER TAX.

"A firearm may be exported without payment of the transfer tax imposed under section 5811 provided that proof of the exportation is furnished in such form and manner as the Secretary or his delegate may by regulations prescribe.

"Subchapter C—Prohibited Acts "SEC. 5861. PROHIBITED ACTS.

Ante,

p. 1229.

" I t shall be unlawful for any person— " (a) to engage in business as a manufacturer or importer of, or dealer in, firearms without having paid the special (occupational) tax required by section 5801 for his business or having registered as required by section 5802; or " (b) to receive or possess a firearm transferred to him in violation of the provisions of this chapter; or "(c) to receive or possess a firearm made in violation of the provisions of this chapter; or " (d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record; or "(e) to transfer a firearm in violation of the provisions of this chapter; or "(f) to make a firearm in violation of the provisions of this chapter; or " (g) to obliterate, remove, change, or alter the serial number or other identification of a firearm required by this chapter; or " (h) to receive or possess a firearm having the serial number or other identification required by this chapter obliterated, removed, changed, or altered; or "(i) to receive or possess a firearm which is not identified by a serial number as required by this chapter; or "(j) to transport, deliver, or receive any firearm in interstate commerce which has not been registered as required by this chapter; or " (k) to receive or possess a firearm which has been imported or brought into the United States in violation of section 5844; or "(1) to make, or cause the making of, a false entry on any application, return, or record required by this chapter, knowing such entry to be false.

"Subchapter D—Penalties and Forfeitures "Sec. 5871. Penalties. "Sec. 5872. Forfeitures. "SEC. 5871. PENALTIES.

"Any person who violates or fails to comply with any provision of this chapter shall, upon conviction, be fined not more than $10,000, or be imprisoned not more than ten years, or both, and shall become eligible for parole as the Board of Parole shall determine.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1277

 82 STAT. ]

PUBLIC LAW 90-618-OCT. 22, 1968

1235

"SEC. 5872. FORFEITURES. " (a) LAWS APPLICABLE.—Any firearm involved in any violation of

the provisions of this chapter shall be subject to seizure and forfeiture, and (except as provided in subsection (b)) all the provisions of internal revenue laws relating to searches, seizures, and forfeitures of unstamped articles are extended to and made to apply to the articles taxed under this chapter, and the persons to whom this chapter applies. " (b) DISPOSAL.—In the case of the forfeiture of any firearm by reason of a violation of this chapter, no notice of public sale shall be required; no such firearm shall be sold at public sale; if such firearm is forfeited for a violation of this chapter and there is no remission or mitigation of forfeiture thereof, it shall be delivered by the Secretary or his delegate to the Administrator of General Services, General Services Administration, who may order such firearm destroyed or may sell it to any State, or possession, or political subdivision thereof, or at the request of the Secretary or his delegate, may authorize its retention for official use of the Treasury Department, or may transfer it without charge to any executive department or independent establishment of the Government for use by it." SEC. 202. The amendments made by section 201 of this title shall be ^J^^^^l^°^ °^ cited as the "National Firearms Act Amendments of 1968". °"'*" ™^" ^* SEC. 203. (a) Section 6107 of the Internal Revenue Code of 1954 is R«P««I- „, ,

,

^ '

repealed. (b) The table of sections for subchapter B of chapter 61 of the Internal Revenue Code of 1954 is amended by striking out: "Sec. 6107. List of special taxi^ayers for public inspection."

68A Stat. 756.

26 USC eio?.

SEC. 204. Section 6806 of the Internal Revenue Code of 1954 is amended to read as follows: "SEC. 6806. OCCUPATIONAL TAX STAMPS. "Every person engaged in any business, avocation, or employment, who is thereby made liable to a special tax (other than a special tax 26 under subchapter B of chapter 35, under subchapter B of chapter 36, 4414,use 44114461- 4463, or under subtitle E) shall place and keep conspicuously in his estab- soorsseV. lishment or place of business all stamps denoting payment of such special tax." SEC. 205. Section 7273 of the Internal Revenue Code of 1954 is amended to read as follows: "SEC. 7273. PENALTIES FOR OFFENSES RELATING TO SPECIAL TAXES. "Any person who shall fail to place and keep stamps denoting the payment of the special tax as provided in section 6806 shall be liable to a penalty (not less than $10) equal to the special tax for which his business rendered him liable, unless such failure is shown to be due to reasonable cause. If such failure to comply with section 6806 is through willful neglect or refusal, then the penalty shall be double the amount above prescribed." SE('. 206. (a) Section 5692 of the Internal Revenue Code of 1954 is R«P««I- ,,, 1

••

^

'

72 Stat. 1 4 1 3.

repealed. (b) The table of sections for part V of subchapter J of chapter 51 of the Internal Revenue Code of 1954 is amended by striking out: "Sec. 5692. Penalties relating to posting of special tax stamps."

SEC. 207. (a) Section 201 of thi.s title shall take effect on the first Effective dates. day of the first month following the month in which it is enacted. (b) Notwithstanding the provisions of subsection (a) or any other provision of law, any person possessing a firearm as dienned in section 5845(a) of the Internal Revenue Code of 1954 (as amended by this title) which is not registered to him in the National Firearms Registra- ^"^^' ^- ^^^°-

�


text:
Page:United States Statutes at Large Volume 82.djvu/1278

 1236

Ante, p. 1229.

Effective date. Publication in Federal Register.

PUBLIC LAW 90-619-OCT. 22, 1968

[82 STAT.

tion and Transfer Record shall register each firearm so possessed with the Secretary of the Treasury or his delegate in such form and manner as the Secretary or his delegate may require within the thirty days immediately following the effective date of section 201 of this Act. Such registrations shall become a part of the National Firearms Registration and Transfer Record required to be maintained by section 5841 of the Internal Revenue Code of 1954 (as amended by this title). No information or evidence required to be submitted or retained by a natural person to register a firearm under this section shall be used, directly or indirectly, as evidence against such person in any criminal proceeding with respect to a prior or concurrent violation of law. (c) The amendments made by sections 202 through 206 of this title shall take effect on the date of enactment. (d) The Secretary of the Treasury, after publication in the Federal Register of his intention to do so, is authorized to establish such periods of amnesty, not to exceed ninety days in the case of any single period, and immunity from liability during any such period, as the Secretary determines will contribute to the purposes of this title. TITLE III — AMENDMENTS TO TITLE VII O F THE OMNIB U S C R I M E CONTROL A N D S A F E S T R E E T S ACT O F 1968

Ante, p. 236.

"Felony.

Effective date.

SEC. 301. (a) Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351) is amended— (1) by striking out "other than honorably discharged" in section 1201, and substituting therefor "discharged under dishonorable conditions"; and (2) by striking out "other than honorable conditions" in subsections (a)(2) and (b)(2) of section 1202 and substituting therefor in each instance "dishonorable conditions". (b) Section 1202(c)(2) of such title is amended to read as follows: "(2) 'felony' means any offense punishable by imprisonment for a term exceeding one year, but does not include any offense (other than one involving a firearm or explosive) classified as a misdemeanor under the laws of a State and punishable by a term of imprisonment of two years or less;". SEC. 302. The amendments made by paragraphs (1) and (2) of subsection (a) of section 301 shall take effect as of June 19, 1968. Approved October 22, 1968.

Public Law 90-619 October 22, 1968 [H.R. 14095]

Taxes. Wine spirits. 72 Stat. 1382. 26 USC 5373-

AN ACT To amend the Internal Revenue Code of 1954 so as to make certain changes to facilitate the production of wine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That the first sentence of section 5373(a) of the Internal Revenue Code of 1954 (relating to wine spirits) is amended to read as follows: "The wine spirits authorized to be used in wine production shall be brandy or wine spirits produced in a distilled spirits plant (with or without the use of water to facilitate extraction and distillation) exclusively from— " (1) fresh or dried fruit, or their residues, " (2) the wine or wine residues therefrom, or " (3) special natural wine under such conditions as the Secretary or his delegate may by regulations prescribe; except that where, in the production of natural wine or special natural

�


text:
Page:United States Statutes at Large Volume 82.djvu/1279

 82 STAT. ]

PUBLIC LAW 90-619-OCT. 22, 1968

1237

wine, sugar has been used, the wine or the residuum thereof may not be used if the unfermented sugars therein have been refermented." SEC. 2. Clause (B) of section 5382(b)(2) of the Internal Revenue Code of 1954 (relating to specifically authorized treatments) is 72 Stat. i384; amended to read as follows: " (B) in the case of still wines, wine ^^26 USC 5l(82. spirits may be added in any State only to natural wines produced by fermentation in bonded wine cellars located within the same State." SEC. 3. (a) Subsection (b) of section 5383 of the Internal Revenue Code of 1954 (relating to high acid wines) is amended to read as ^^ ^*^*- ^^2follows: " (b) H I G H ACID W I N E S. —

"(1) AMELIORATION.—Before, during, and after fermentation, ameliorating materials consisting of pure dry sugar or liquid sugar, water, or a combination of sugar and water, may be added to natural grape wines of a winemaker's own production when such wines are made from juice having a natural fixed acid content of more than five parts per thousand (calculated before fermentation and as tartaric acid). Ameliorating material so added shall not reduce the natural fixed acid content of the juice to less than five parts per thousand, nor exceed 35 percent of the volume of juice (calculated exclusive of pulp) and ameliorating material combined. "(2) SWEETENING.—Any wine produced under this subsection may be sweetened by the producer thereof, after amelioration and fermentation, with pure dry sugar or liquid sugar if the total solids content of the finished wine does not exceed (A) 17 percent by weight if the alcoholic content is more than 14 percent by volume, or (B) 21 percent by weight if the alcoholic content is not more than 14 percent by volume. The use under this paragraph of liquid sugar shall be limited to cases where the resultant volume does not exceed the volume which could result from the maximum authorized use of pure dry sugar only. " (3) W I N E SPIRITS.—Wine spirits may be added (whether or

not wine spirits were previously added) to wine produced under this subsection only if the wine contains not more than 14 percent of alcohol by volume derived from fermentation." (b) Sections 5383(a) (relating to sweetening of grape wines), 5384(a) (relating to natural fruit and berry wines), and 5385(a) (relating to specially sweetened natural wines) of such Code are ^9 Stat. i62, each amended by striking out "less than 14 percent" and inserting in ^"2 Stat. use. lieu thereof "not more than 14 percent". SEC. 4. Subsection (b) of section 5385 of the Internal Revenue Code of 1954 (relating to specially sweetened natural wines) is amended to read as follows: " (b) CELLAR TREATMENT.—Specially sweetened natural wines may be blended with each other, or with natural wine or heavy bodied blending wine in the further production of specially sweetened natural wine only, if the wines so blended are made from the same kind of fruit. Wines produced under this section may be cellar treated under the provisions of section 5382(a) and (c). Wine spirits may not be added 72 Stat. usa. to specially sweetened natural wine." SEC. 5, Section 5386(b), and the last sentence of section 5387(a), of the Internal Revenue Code of 1954 (relating to cellar treatment of special natural wines and agricultural wines) are each amended by striking out "as provided in section 5382(c)" and inserting in lieu thereof "under the provisions of section 5382(a) and (c) ". SEC. 6. The amendments made by this Act shall take effect on the first Effective date. day of the first month which begins 90 days or more after the date of the enactment of this Act. Approved October 22, 1968.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1280

 1238

PUBLIC LAW 90-620-OCT. 22, 1968

[82 STAT.

P u b l i c Law 90-620 October 22, 1963

—CH-R- 18612]

p T'j^^^pl'V^^' fuDlic rrinting

and Documents.

AN ACT

rpQ pjj^^.^. ^i^ig 44^ United States Code, "Public Printing and Documents", codifying the general and permanent laws relating to piui)<lic printing and documents. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the &:eneral ,

\

i.

L

t f

• •

i t

and permanent laws relating to public printing and documents are revised, codified, and enacted as title 44, United States Code, "Public Printing and Documents", and may be cited as "44 U.S.C. § ", as follows:

TITLE 44--PUBLIC PRINTING AND DOCUMENTS CHAPTER 1. JOINT COMMITTEE ON PRINTING 3. GOVERNMENT PBINTINO OFFICE 5. PRODUCTION AND PROCUREMENT OF PRINTING AND BINDING 7. CONGRESSIONAL PRINTING AND BINDING 9. CONGRESSIONAL RECORD 11. EXECUTIVE AND JUDICIARY PRINTING AND BINDING 13. PARTICULAR REPORTS AND DOCUMENTS 15. FEDERAL REGISTER AND CODE OF FEDERAL REGULATIONS 17. DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS 19. DEPOSITORY LIBRARY PROGRAM , 21. ARCHIVAL ADMINISTRATION 23. NATIONAL ARCHIVES TRUST FUND BOABD_ 25. NATIONAT- HISTORICAL PUBLICATIONS COMMISSION 27. FEDERAL RECORDS COUNCIL 29. RECORDS MANAGEMENT BY ADMINISTRATOR OF GENERAL SERVICES 31. RECORDS MANAGEMENT BY FEDERAL AGENCIES 3d. DISPOSAL OF RECORDS 35. COORDINATION OF FEDERAL REPORTING SERVICES 37. ADVERTISEMENTS BY GOVERNMENT AGENOIEB

Hec. 101 301 501 701 901 1101 1301 1501 1701 1901 2101 2301 2501 2701 2901 3101 3301 3501 8701

CHAPTER 1—JOINT COMMITTEE ON PRINTING See. 101. Joint Committee on Printing: membership. 102. Joint Committee on Printing: succession; powers during recess. 108. Joint Committee on Printing: remedial xwwerg.

§ 101. Joint Committee on Printing: membership The Joint Committee on Printing shall consist of the chairman and two members of the Committee on Rules and Administration of the Senate and the chairman and two members of the Committee on House Administration of the House of Representatives. §102. Joint Committee on Printing: succession; powers during recess The members of the Joint Committee on Printing who are reelected to the succeeding Congress shall continue as meml^rs of the committee until their successors are chosen. The Presid^it of the Senate and the Speaker of the House of Representatives shall, on the last day of a Congress, appoint members of their respective Houses who have been elected to the succeeding Congress to fill vacancies which may then be about to occur on the Committee, and the appointees and members of the Committee who have been reelected shall continue until their successors are chosen. When Congress is not in session, the Joint Committee may exercise all its powers and duties as when Congress is in session.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1281

 82 STAT. ]

PUBLIC LAW 90.620-OCT. 22, 1968

§ 103. Joint Committee on Printing: remedial powers The Joint Committee on Printing may use any measures it considers necessary to remedy neglect, delay, duplication, or waste in the public printing and binding and the distribution of Government publications. CHAPTER 3—GOVERNMENT PRINTING OFFICE Sec.

301. 302. 303. 304. 305. 306. 307. 308. 309. 310. 311. 312. 313. 314. 315. 316.

Public Printer: appointment; bond. Deputy Public Printer: appointment; duties. Public Printer and Deputy Public Printer: compensation. Public Printer: vacancy in office. Public Printer: employees; pay. Public Printer: employment of skilled workmen; trial of skill. Public Printer: night work. Disbursing officer: continuation and settlement of accounts during vacancy in office; responsibility for accounts; disbursements for Superintendent of Documents. Revolving fund for operation and maintenance of Government Printing Office: capitalization; reimbursements and credits; accounting and budgeting; reports. Payments for printing, binding, blank iiaper, and supplies. Purchases exempt from the Federal Property and Administrative Sen'ices Act. Machinery, material, equipment, or supplies from other Government agencies. Examining boards: paper; bindery materials; machinery. Inks, glues, and other supplies furnished to other Government agencies: payment. Branches of Government Printing Office; limitations. Detail of employees of Government Printing Office to other Government establishments.

§ 301. Public Printer: appointment; bond The President of the United States shall nominate and, by and with the advice and consent of the Senate, appoint a suitable person, who must be a practical printer and versed in the art of bookbinding, to take charge of and manage the Government Printing Oifice. His title shall be Public Printer. He shall give bond approved by the Secretary of the Treasury in the sum of $25,000 for the faithful performance of the duties of his office. § 302. Deputy Public Printer: appointment; duties The Public Printer shall appoint a suitable person, who must be a practical printer and versed in the art of bookbinding, to be the Deputy Public Printer. He shall perform the duties formerly required of the chief clerk, supervise the buildings occupied by the Government Printing Office, and perform any other duties required of him by the Public Printer. §303. Public Printer and Deputy Public Printer: compensation The compensation of the Public Printer is at the rate of $28,750 j^er annum, and the compensation of the Deputy Public Printer is at the rate of $27,500 per annum. § 304. Public Printer: vacancy in office In case of the death, resignation, absence, or sickness of the Public Printer, the Deputy Public Printer shall perform the duties of the Public Printer until a successor is appointed or his absence or sickness ceases; but the President may direct any other officer of the Government, whose appointment is vested in the President by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the Public Printer ceases. A vacancy occasioned by death or resignation may not be filled temporarily under this section for longer than

- 6 0 0 O - 69 - 81

1239

�


text:
Page:United States Statutes at Large Volume 82.djvu/1282

 1240

PUBLIC LAW 90-620-OCT. 22, 1968

[82 STAT.

ten days, and a temporary appointment, designation, or assignment of another officer may not be made except to fill a vacancy happening during a recess of the Senate. § 305. Public Printer: employees; pay The Public Printer may employ journeymen, apprentices, laborers, and other persons necessary for the work of the Government Printing Office at rates of wages and salaries, including compensation for night and overtime work, he considers for the interest of the Government and just to the persons employed, except as otherwise provided by this section. H e may not employ more persons than the necessities of the public work require nor more than two hundred apprentices at one time. The minimum pay of journeymen printers, pressmen, and bookbinders employed in the Government Printing Office shall be at the rate of 90 cents an hour for the time actually employed. E x cept as provided by the preceding part of this section the rate of wages, including compensation for night and overtime work, for more than ten employees of the same occupation shall be determined by a conference between the Public Printer and a committee selected by the trades affected, and the rates and compensation so agreed upon shall become effective upon approval by the Joint Committee on Printing. When the Public Printer and the committee representing a trade fail to agree as to wages, salaries, and compensation, either party may appeal to the Joint Committee on Printing, and the decision of the Joint Committee is final. The wages, salaries, and compensation so determined are not subject to change oftener than once a year. §306. Public Printer: employment of skilled workmen; trial of skill The Public Printer shall employ workmen who are thoroughly skilled in their respective branches of industry, as shown by trial of their skill under his direction. § 307. Public Printer: night work The Public Printer shall cause the public printing in the Government Printing Office to be done at night as well as through the day, when the exigencies of the public service require it. §308. Disbursing officer; continuation and settlement of accounts during vacancy in office; responsibility for accounts; disbursements for Superintendent of Documents (a) Upon the death, resignation, or separation from office of the disbursing officer of the Government Printing Office, his accounts may be continued, and payments and collections may be made in his name, by the deputy disbursing officer or officers designated by the Public Printer, for a period of time not to extend beyond the last day of the second month following the month in which his death, resignation, or separation occurred. Accounts and payments shall be allowed, audited, and settled, and checks signed in the name of the former disbursing officer by a deputy disbursing officer shall be honored in the same manner as if the former disbursing officer had continued in office. (b) A former disbursing officer of the Government Printing Office, his estate, or the surety on his official bond, may not be subject to any legal liability or penalty for the official accounts or defaults of a deputy disbursing officer acting in the name or in the place of the former disbursing officer. Each deputy disbursing officer is responsible for accounts entrusted to him under subsection (a) of this section, and the deputy disbursing officer and the sureties upon his bond are liable for any default occurring during his service under subsection (a) of this section.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1283

 82 STAT. ]

PUBLIC LAW 90-620-OCT. 22, 1968

1241

(c) Disbursements on account of salaries or other expenses of the office of the Superintendent of Documents shall be made by the disbursing officer of the Government Printing Office, and a statement included in the Public Printer's annual report for each fiscal year. § 30d. Revolving fund for operation and maintenance of Government Printing Office: capitalization; reimbursements and credits; accounting and budgeting; reports (a) The revolving fund of $1,000,000 established July 1, 1953, is available without fiscal year limitation, for— the operation and maintenance of the Government Printing Office, except the Office of Superintendent of Documents, including rental of buildings; attendance at meetings not to exceed $3,000 in any fiscal year; maintenance and operation of the emergency room; uniforms, or allowances therefor, as authorized by section 5901 of Title 5; so Stat. sos; boots, coats, and gloves; si Stat. 206. repairs and minor alterations to buildings; and expenses authorized in writing by the Joint Committee on Printing for inspection of Government printing activities. I n addition, the Public Printer shall provide capital for the fund by capitalizing, at fair and reasonable values as jointly determined by him and the Comptroller General, the current inventories, plant, and building appurtenances, except building structures and land, equipment, and other assets of the Government Printing Office. (b) The fund shall be: (1) reimbursed for the cost of all services and supplies furnished, including those furnished other appropriations of the Government Printing Office, at rates which include charges for overhead and related expenses, depreciation of plant and building appurtenances, except building structures and land, and equipment, and accrued leave; (2) credited with all receipts including sales of Government publications, waste, condemned, and surplus property and with payments received for losses or damage to property; and (3) charged with payment into miscellaneous receipts of the Treasury of that part of the receipts from the sales of Government publications required by law. (c) An adequate system of accounts for the fund shall be maintained on the accrual method, and financial reports prepared on the basis of the accounts. The Public Printer shall prepare and submit an annual business-type budget program for the operations under this fund. The General Accounting Office shall audit the activities con^res's^rnd to of the Government Printing Office and furnish an audit report an- Pubfic Primer. nually to the Congress and the Public Printer. For these purposes the Comptroller General shall have such access to the records, files, personnel, and facilities of the Government Printing Office as he considers necessary. (d) Commencing with the fiscal year 1969, the annual businesstype budget for the fund shall be considered and enacted as prescribed by section 849 of title 31. ei Stat. 584. § 310. Payments for printing, binding, blank paper, and supplies An executive department or independent establishment of the Government ordering printing and binding or blank paper and supplies from the Government Prmting Office shall pay promptly by check to the Public Printer upon his written request, either m advance or upon completion of the work, all or part of the estimated or actual

�


text:
Page:United States Statutes at Large Volume 82.djvu/1284

 1242

40 us^c 477' note.

PUBLIC LAW 90-620-OCT. 22, 1968

[82 STAT.

cost, as the case may be, and bills rendered by the Public Printer are not subject to audit or certification in advance of payment. Adjustments on the basis of the actual cost of delivered work paid for in advance shall be made monthly or quarterly and as may be agreed by the Public Printer and the department or establishment concemea. § 311. Purchases exempt from the Federal Property and Administrative Services Act Purchases may be made from appropriations under the "Government Printing Office" without reference to the Federal Property and Administrative Services Act, approved June 30, 1949, as amended, concerning purchases for the Federal Government. §312. Machinery, material, equipment, or supplies from other Government agencies An officer of the Government having machinery, material, equipment, or supplies for printing, binding, and blank-book work, including lithography, photolithography, and other processes of reproduction, no longer required or authorized for his service, shall submit a detailed report of them to the Public Printer. The Public Printer, with the approval of the Joint Committee on Printing, may requisition such articles as are serviceable in the Government Prmting Office, and they shall be promptly delivered to that office. §313. Examining boards: paper; bindery materials; machinery The Deputy Public Printer, the superintendent of printing, and a person designated by the Joint Committee on Printing, shall constitute a board to examine and report in writing on paper delivered under contract, or by purchase or otherwise, at the Government Printing Office. The Deputy Public Printer, the superintendent of binding, and a person designated by the Joint Committee on Printing shall constitute a board to examine and report in writing on material, except paper, for the use of the bindery. The Deputy Public Printer, the superintendent of printing, and a person designated by the Joint Committee on Printing shall constitute a Ixmrd of condemnation, who, upon the call of the Public Printer, shall determine the condition of presses and other machinery and material used in the Government Printing Office, with a view to condemnation. § 314. Inks, glues, and other supplies furnished to other Government agencies: payment Inks, glues, and other supplies manufactured by the Government Printing Office in connection with its work may be furnished to departments and other establishments of the Government upon requisition, and payment made from appropriations available. § 315. Branches of Government Printing Office; limitations Money appropriated by any Act may not be used for maintaining more than one branch of the Government Printing Office in any one building occupied by an executive department of the Government, and a branch of the Government Printing Office may not be established unless specifically authorized by law. §316. Detail of employees of Government Printing Office to other Government establishments An employee of the Government Printing Office may not be detailed to duties not pertaining to the work of public printing and binding in an executive department or other Government establishment unless expressly authorized by law.

�


text:
Page:United States Statutes at Large Volume 82.djvu/1285

 82 STAT. ]

PUBLIC LAW 90-620-OCT. 22, 1968

CHAPTER 5—PRODUCTION AND PROCUREMENT OF PRINTING AND BINDING Sec.

501. Government printing, binding, and blank-book work to be done at Government Printing OflSce. 502. Procurement of printing, binding, and blank-book work by Public Printer. 503. Printing in veterans' hospitals. 504. Direct purchase of printing, binding, and blank-book work by Government agencies. 505. Sale of duplicate plates; copyright. 506. Time for printing docimients or reports which include illustrations or maps. 507. Orders for printing to be acted upon within one year. 508. Annual estimates of quantity of paper required for public printing and binding. 509. Standards of paper; advertisements for proposals; samples. 510. Specifications in advertisements for paper. 511. Opening bids; bonds. 512. Approval of paper contracts; time for performance; bonds. 513. Comparison of paper and envelopes with standard quality. 514. Determination of quality of paper. 515. Default of contractor; new contracts and purchase in open market. 516. Liability of defaulting contractor. 517. Purchase of paper in open market.

§ 501. Government printing, binding, and blank-book work to be done at Government Printing Office All printing, binding, and blank-book work for Congress, the Executive Office, the Judiciary, other than the Supreme Court of the United States, and every executive department, independent office and establishment of the uovernment, shall be done at the Government Printing Office, except— (1) classes of work the Joint Committee on Printing considers to be urgent or necessary to have done elsewhere; and (2) printing in field printing plants operated by an executive department, independent office or establishment, and the procurement of printing by an executive department, independent office or establishment from allotments for contract field printing, if approved by the Joint Committee on Printing. Printing or binding may be done at the Government Printing Office only when authorized by law. § 502. Procurement of printing, binding, and blank-book work by Public Printer Printing, binding, and blank-book work authorized by law, which the Public Printer is not able or equipped to do at the Government Printing Office, may be produced elsewhere under contracts made by him with the approval of the Joint Committee on Printing. § 503. Printing in veterans' hospitals Notwithstanding section 501 of this title, the Administrator of Veterans' Affairs may utilize the printing and binding equipment that the various hospitals and homes of the Veterans' Administration use for occupational therapv, for printing and binding which he finds advisable for the use of the Veterans' Administration. § 504. Direct purchase of printing, binding, and blank-book work by Government agencies The Joint Committee on Printing may permit the Public Printer to authorize an executive department, independent office, or establishment of the Government to purchase direct for its use such printing, binding, and blank-book work, otherwise authorized by law, as the Government Printing Office is not able or suitably equipped to execute or as may be more economically or in the better interest of the Government executed elsewhere.

1243

�


text:
Page:United States Statutes at Large Volume 82.djvu/1286

 1244

PUBLIC LAW 90-620-OCT. 22, 1968

[82 STAT.

§ 505. Sale of duplicate plates; copyright The Public Printer shall sell, under regulations of the Joint Committee on Printing, to persons who may apply, additional or duplicate stereotype or electrotype plates from which a Government publication is printed, at a price not to exceed the cost of composition, the metal, and making to the Government, plus 10 percent, and the full amount of the price shall be paid when the order is filed. A publication reprinted from these plates and other Government publications may not be copyrighted. § 506. Time for printing documents or reports which include illustrations or maps A document or report to be illustrated or accompanied by maps may not be printed by the Public Printer until the illustrations or maps designed for it are ready for publication. § 507. Orders for printing to be acted upon within one year An order for public printing may not be acted upon by the Public Printer after the expiration of one year unless the entire copy and illustrations for the work have been furnished within that period. § 508. Annual estimates of quantity of paper required for public printing and binding At the beginning of each session of Congress, the Public Printer shall submit to the Joint Committee on Printing estimates of the quantity of paper of all descriptions required for the public printing and binding during the ensuing year. § 509. Standards of paper; advertisements for proposals; samples The Joint Committee on Printing shall fix upon standards of paper for the different descriptions of public printing and binding, and the Public Printer, under their direction, shall advertise in six newspapers or trade journals, published in different cities, for sealed proposals to furnish the Government with paper, as specified in the schedule to be furnished applicants by the Public Printer, setting forth in detail the quality and quantities required for the public printing. The Public Printer shall furnish samples of the standard of papers fixed upon to applicants who desire to bid. § 510. Specifications in advertisements for paper The advertisements for proposals shall specify the minimum portion of each quality of paper required for either three months, six months, or one year, as the Joint Committee on Printing determines; but when the minimum portion so specified exceeds, in any case, one thousand reams, it shall state that proposals will be received for one thousand reams or more. § 511. Opening bids; bonds The sealed proposals to furnish paper and envelopes shall be opened in the presence of the Joint Committee on Printing who shall award the contracts to the lowest and best bidder for the interest of the Government. The committee may not consider a proposal that is not accompanied by a bond with security or certified check in the amount of $5,000, guaranteeing that the bidder if his proposal is accepted, will enter into a formal contract with the United States to furnish the paper or envelopes specified. The Committee may not consider a proposal from a person unknown to it unless accompanied by satisfactory evidence that he is a manufacturer of or dealer in the description of paper or envelopes proposed to be furnished. § 512. Approval of paper contracts; time for performance; bonds A contract for furnishing paper is not valid until approved by the Joint Committee on Printing. The award of a contract for furnishing

�


text:
Page:United States Statutes at Large Volume 82.djvu/1287

 82 STAT. ]

PUBLIC LAW 90-620-OCT. 22, 1968

paper shall designate a reasonable time for its performance. The contractor shall give bond in an amount fixed and approved by the Committee. § 513. Comparison of paper and envelopes with standard quality The Public Printer shall compare every lot of payer and envelopes delivered by a contractor with the standard of quality fixed upon by the Joint Committee on Printing, and may not accept paper or envelopes which do not conform to it m every particular. A lot of delivered paper or envelopes which does not conform to the standard of quality may be accepted by the Committee at a discount that in its opinion is sufficient to protect the interests of the Government. § 514. Determination of quality of paper The Joint Committee on Printing shall determine differences of opinion between the Public Printer and a contractor for paper respecting the paper's quality; and the decision of the Committee is final as to the United States. § 515. Default of contractor; new contracts and purchase in open market If a contractor fails to comply with his contract, the Public Printer shall report the default to the Joint Committee on Printing, and under its direction, enter into a new contract with the lowest, best, and most responsible bidder for the interest of the Government among those whose proposals were rejected at the last opening of bids, or he shall advertise for new proposals, under the regulations provided by sections 509-517 of this title. During the interval that may thus occur he may, under the direction of the Joint Committee on Printing, purchase m open market, at the lowest market price, paper necessary for the public printing. § 516. Liability of defaulting contractor Upon failure to furnish paper, a contractor and his sureties shall be responsible for any increase of cost to the Government in procuring a supply of the paper consequent upon his default. The Public Printer shall report every default, with a full statement of all the facts in the case, to the General Counsel for the Department of the Treasury, who shall prosecute the defaulting contractor and his sureties upon their bond in the district court of the United States in the district in which the defaulting contractor resides. § 517. Purchase of paper in open market The Joint Committee on Printing may authorize the Public Printer to purchase paper in open market when they consider the quantity required so small or the want so immediate as not to justify advertisement for proposals. CHAPTER 7—CONGRESSIONAL PRINTING A N D BINDING Sec.

701. "Usual number" of documents and reports; distribution of House and Senate documents and reports; binding; reports on private bills; number of copies printed; distribution. 702. Extra copies of documents and reports. 703. Printing extra copies. 704. Reprinting bills, laws, and reports from committees not exceeding fifty pages. 705. Duplicate orders' to print. 706. Bills and resolutions: number and distribution. 707. Bills and resolutions: style and form. 708. Bills and resolutions: binding sets for Congress. 709. Public and private laws, postal conventions, and treaties.

1245

�


text:
Page:United States Statutes at Large Volume 82.djvu/1288

 1246

PUBLIC LAW 90-620-OCT. 22, 1968

[82 STAT.

Sec. 710. 711. 712. 713. 714.

Copies of Acts furnished to Public Printer. Printing Acts, joint resolutions, and treaties. Printing of postal conventions. Journals of Houses of Congress. Printing documents for Congress in two or more editions; printing of full number and allotment of full quota. 715. Senate and House documents and reports for Department of State. 716. Printing of documents not provided for by law. 717. Appropriation chargeable for printing of document or report by order of Congress. 718. Lapse of authority to print. 719. Classification and numbering of publications ordered printed by Congress; designation of publications of departments; printing of committee hearings. 720. Senate and House Manuals. 721. Congressional Directory. 722. Congressional Directory: sale. 723. Memorial addresses: preparation; distribution. 724. Memorial addresses: illustrations. 725. Statement of appropriations; "usual number". 726. Printing for committees of Congress. 727. Committee reports: indexing and binding. 728. United States Statutes at Large: distribution. 729. United States Statutes at Large: references in margins. 730. Distribution of documents to Members of Congress. 731. Allotments of public documents printed after expiration of terms of Members of Congress; rights of retiring Members to documents. 732. Time for distribution of documents by Members of Congress extended. 733. Documents and reports ordered by Members of Congress; franks and envelopes for Members of Congress. 734. Stationery and blank books for Congress. 735. Binding for Members of Congress. 736. Binding at expense of Members of Congress. 737. Binding for Senate library. 738. Binding of publications for distribution to libraries. 739. Senate and House document rooms; superintendents. 740. Senate Service Department and House Publications Distribution Service; superintendents. 741. Disposition of documents stored at Capitol.

§ 701. *'UsuaI number*' of documents and reports; distribution of House and Senate documents and reports; binding; reports on private bills; number of copies printed; distribution (a) The order by either House of Congress to print a document or report shall signify the "usual number" of copies for binding and distribution among those entitled to receive them. A greater number maj not be printed unless ordered by either House, or as provided by this section. When a special number of a document or report is ordered printed, the usual number shall also be printed, unless already ordered. (b) The "usual number" of documents and reports shall be one thousand six hundred and eighty-two copies, which shall be printed at one time and distributed as follows: Of the House documents and reports, unbound—to the Senate document room, one hundred and fifty copies; to the office of the Secretary of the Senate, ten copies; to the House document room, not to exceed five hundred copies; to the office of the Clerk of the House of Representatives, twenty copies; to the Library of Congress, ten copies, as provided by section 1718 of this title. Of the Senate documents and reports, unbound—^to the Senate document room, two hundred and twenty copies; office of the Secretary of the Senate, ten copies; to the House document room, not to exceed five hundred copies; to the Clerk's office of the House^ of Representatives, ten copies; to the Library of Congress, ten copies, as provided by section 1718 of this title. (c) Of the number printed, the Public Printer shall bind a sufficient number of copies for distribution as follows:

�


text:
Page:United States Statutes at Large Volume 82.djvu/1289

 82 STAT. ]

PUBLIC LAW 90-620-OCT. 22, 1968

Of the House documents and reports, bound—to the Senate library, fifteen copies; to the Library of Congress, not to exceed one hundred and fifty copies, as provided by section 1718 of this title; to the House of Representatives library, fifteen copies; to the Superintendent of Documents, as many copies as are required for distribution to the State libraries and designated depositories. Of the Senate documents and reports, bound—to the Senate library, fifteen copies; to the Library of Congress, copies as provided by sections 1718 and 1719 of this title; to the House of Representatives library, fifteen copies; to the Superintendent of Documents, as many copies as may be required for distribution to State libraries and designated depositories. In binding documents the Public Printer shall give precedence to those that are to be distributed to libraries and to designated depositories. But a State library or designated depository entitled to documents that may prefer to have its documents in unbound form, may do so by notifying the Superintendent of Documents to that effect prior to the convening of each Congress. (d) The usual number of reports on private bills, concurrent or simple resolutions, may not be printed. Instead there shall be printed of each Senate report on a private bill, simple or concurrent resolution, in addition to those required to be furnished the Library of Congress, three hundred and forty-five copies, which shall be distributed as follows: to the Senate document room, two hundred and twenty copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the Superintendent of Documents, ten copies; and of each House report on a private bill, simple or concurrent resolution, in addition to those for the Library of Congress, two hundred and sixty copies, which shall be distributed as follows: to the Senate document room, one hundred and thirty-five copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the Superintendent of Documents, ten copies. This section does not prevent the binding of all Senate and House reports in the reserve volumes bound for and delivered to the Senate and House libraries, nor abridge the right of the Vice President, Senators, Representatives, Resident Commissioner, Secretary of the Senate, and Clerk of the House to have bound in half morocco, or material not more expensive, one copy of every public document to which he may be entitled. At least twelve copies of each report on bills for the payment or adjudication of claims against the Government shall be Kept on file in the Senate document room. § 702. Extra copies of documents and reports Copies in addition to the "usual number" of documents and reports shall be printed promptly when ready for publication, and may be bound in paper or cloth as the Joint Committee on Printing directs. §703. Printing extra copies Orders for printing copies in addition to the "usual number'*, otherwise than provided for by this section, shall be by simple, concurrent, or joint resolution. Either House may print extra copies to the amount of $1,200 by simple resolution; if the cost exceeds that sum, the printing shall be ordered by concurrent resolution, unless the resolution is self-appropriating, when it shall be by joint resolution. Resolutions, when presented to either House, shall be referred to the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate, who, in making their report, shall give the probable cost of the proposed printing upon the estimate of the Public Printer; and extra copies may not be printed before the committee has reported. The printing of addi-

1247

�


text:
Page:United States Statutes at Large Volume 82.djvu/1290

 1248

61 Stat. 639.

PUBLIC LAW 90-620-OCT. 22, 1968

[82 STAT.

tional copies may be performed upon orders of the Joint Committee on Printing within a limit of $700 in cost in any one instance. §704. Reprinting bills, laws, and reports from committees not exceeding fifty pages When the supply is exhausted, the Secretary of the Senate and the Clerk of the House of Representatives may order the reprinting of not more than one thousand copies of a pending bill, resolution, or public law, not exceeding fifty pages, or a report from a committee or congressional commission on pending legislation not accompanied by testimony or exhibits or other appendices and not exceeding fifty pages. The Public Printer shall require each requisition for reprinting to cite the specific authority of law for its execution. § 705. Duplicate orders to print The Public Printer shall examine the orders of the Senate and House of Representatives for printing, and in case of duplication shall print under the first order received. § 706. Bills and resolutions: number and distribution There shall be printed of each Senate and House public bill and joint resolution six hundred and twenty-five copies, which shall be distributed as follows: to the Senate document room, two hundred and twenty-five copies; to the office of Secretary of Senate, fifteen copies; to the House document room, three hundred and eighty-five copies. There shall be printed of each Senate private bill, when introduced, when reported, and when passed, three hundred copies, which shall be distributed as follows: to the Senate document room, one hundred and seventy copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the Superintendent of Documents, ten copies. There shall be printed of each House private bill, when introduced, when reported, and when passed, two hundred and sixty copies, which shall be distributed as follows: to the Senate document room, one hundred and thirty-five copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the Superintendent of Documents, ten copies. Bills and resolutions shall be printed in bill form, and, unless specially ordered by either House shall be printed only when referred to a committee, when favorably reported back, and after their passage by either House. Of concurrent and simple resolutions, when reported, and after their passage by either House, only two hundred and sixty copies shall be printed, except by special order, and shall be distributed as follows: to the Senate document room, one hundred and thirty-five copies; to the Secretary of the Senate, fifteen copies; to the House document room, one hundred copies; to the Superintendent of Documents, ten copies. § 707. Bills and resolutions: style and form Subjcct to sectious 205 and 206 of Title 1, the Joint Committee on Printing may authorize the printing of a bill or resolution, with index and ancillaries, in the style and form the Joint Committee on Printing considers most suitable in the interest of economy and efficiency, and

�