An Act to amend titles 5, 10, and 37, United States Code, to codify recent law, and to improve the code
PL 90-623 (H.R.17864), enacted 10/22/1968

1312 
PUBLIC LAW 90-623-OCT. 22, 1968 
Public Law 90-623 
[82 STAT. 
AN ACT 
October 22, 1968 
[H.R. 17864] 
To amend titles 5, 10, and 87, United States Code, to codify recent law, and to 
improve the Code. 
Titles 5, 10, 
and 37, USC, 
amendments. 
80 Stat. 388. 
80 Stat. 410; 
81 Stat. 196. 
80 Stat. 414. 
80 Stat. 462. 
Ante, p. 205-
81 Stat. 258. 
80 Stat. 472. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress a^ssembled, That title 5,1'^nited 
States Code, is amended as follows: 
(1) In section 559 insert "of this title" immediately after the figure 
"7521" wherever it appears; 
(2) In section 2108(3) (D) insert "as defined by paragraph (1) (A) 
of this section" immediately after "veteran"; 
(3) In section 3102(a)(2) strike out "Board of Commissioners" 
and insert "Commissioner" in place thereof; 
(4) In paragraphs (14), (15), and (16) of section 5315 strike out 
"(3)" and insert "(4)" in place thereof; and in paragraph (126) of 
section 5316 insert" (2)" at the end; 
(5) In section 5316 insert- the following after paragraph (126) : 
"(127) Director, Bureau of Narcotics and Dangerous Drugs, 
] )epartment of Justice."; 
(6) In sect ion 5334 (a)— 
(A) strike out "section 106(a) of the Appalachian Kegional 
Develojpment Act of 1965" and insert "section 106(a) of title 40, 
appendix" in place thereof; 
(B) strike out "section 502 of the Public Works and Economic 
Development Act of 1965, under section 506(2) of such Act" and 
insert "section 3182 of title 42, under section 3186(2) of that title" 
in place thereof; and 
(C) strike out "six" and insert "6" in place thereof; 
(7) In section 5352— 
(A) insert a comma and "and the I>istrict of Columbia Council 
with respect to the government of the District of Columbia," 
immediately following "head of each agency"; and 
(B) strike out "his" and insert "its" in place thereof; 
(8) In section 5353 insert a comma and "and the District of Colum-
bia Council with respect to the government of the District of 
Columbia," immediately following "head of the agency concerned" in 
the last sentence; 
(9) In section 5516(a) strike out "Commissioners" wherever it 
appears and insert "Commissioner" in place thereof; 
(10) In section 5521(3) (B) strike out "Board of Commissioners" 
and insert "Commissioner" in place thereof; 
(11) In section 5527(b)— 
(A) strike out "and" immediately after "Executive agencies,"; 
and 
(B) insert "and the District of Columbia Council, with respect 
to the government of the District of Columbia," immediately 
after "executive branch,"; 
(12) In section 5537 insert a comma and "who is entitled to leave 
under section 6322 of this title," immediately following "District of 
Columbia"; 
(13) In section 5546— 
(A) strike out "Board of Commissioners of the District of 
Columbia" in subsection (b) and insert "District of Columbia 
Council" in place thereof; and 
(B) strike out "5442(a)" in subsection (d) and insert "5542 
(a)" in place thereof; 
82 STAT. ] 
PUBLIC LAW 90-623-OCT. 22, 1968 
1313 
(14) In section 5724(e) strike out "section 5724(a), (b)" and insert 
si stat. 204. 
"section 5724a(a), (b)" in place thereof; 
(15) In section 6104— 
^ 
so stat. sie. 
(A) strike out "Board of Commissioners'' wherever it appears 
in paragraphs (1) and (3) and insert "Commissioner" in place 
thereof; and 
(B) strike out "Board of Commissioners*' in paragraph (2) 
and insert "District of Columbia Council" in place thereof; 
(16) In section 6305(c) strike out "two" and "thirty" and insert 
8° ^'^'- ii^g. 
"2" and "30", respectively, in place thereof; 
(17) In .section 6323— 
so stat. 522. 
(A) strike out "loss of" wherever it appears and insert "loss 
in" in place thereof; and 
(B) insert the following at the end: 
"(c) An employee as defined by section 2105 of this title or an 
individual employed by the government of the District of Columbia, 
who is a member of the National Guard of the District of Columbia, 
is entitled to leave without loss in pay or time for each day of a 
parade or encampment ordered or authorized under title 39, District 
of Columbia Code. This subsection covers each day of service the 
25 stat. 772; 
National Guard, or a portion thereof, is ordered to perform by the ^^ ^*^'" ^^^-
commanding general."; 
(18) In section 6324(b) (1) strike out "Commissioners of the Dis-
trict of Columbia" and insert "District of Columbia Council" in place 
thereof; 
(19) Strike out section 8143 and insert in place thereof: 
"§ 8143, Job Corps enrollees; volunteers in service to America 
" (a) Subject to the provisions of this subsection, this subchapter ap-
plies to an enrollee in the Job Corps, except that compensation for dis-
ability does not begin to accrue until the day after the date on which 
the injured enrollee is tenninated. In administering this subchapter for 
an enrollee covered by this subsection— 
" (1) the monthly pay of an enrollee is deemed that received at 
the minimum rate for GS-2: 
no^te"^*^ ^^^^ 
"(2) section 8113 (a), (b) of this title applies to an enrollee; 
so stat. 540. 
and 
"(3) 'performance of duty' does not include an act of an 
enrollee while absent from his assigned post of duty, except while 
participating in an activity (including an activity while on pass 
or during travel to or from the post of duty) authorized by or 
under the direction and supervision of the Job Corps, 
"(b) This subchapter applies to a volunteer in service to America 
Avho receives either a living allowance or a stipend under part A of 
subchapter VIII of chapter 34 of title 42, with respect to that service 
and training, to the same extent as enrollees of the Job Corps under 
subsection (a) of this section. However, for the purpose of the compu-
tation described in subsection (a) (1) of this section, the monthly pay 
of a volunteer is deemed that received at the minimum rate for Go-7."; 
(20) In section 8191 strike out "Act" and insert "subchapter" in 
place thereof; 
(21) In section 8331(3) (B) (ii) strike out "and 60e-13" and insert 
"60e-13, and 60e-14" in place thereof; 
(22) In section 8347(h) strike out "Commissioners" and insert 
"Commissioner" in place thereof. 
(23) In section 3502(a), strike out "and" at the end of subpara-
graph ( A ) ; insert a semicolon immediately preceding the word "and" 
at the end of subparagraph ( B ) ; and strike out, m subparagraph 
(C), "section 8(b) of the Soil Conservation and Domestic Allotment 
Act (16 U.S.C. 590h(b))" and "section 10(b) of the Agricultural 
81 Stat. 
42 u s e 
2992b. 
Ante, p. 
81 Stat. 
80 Stat. 
80 Stat. 
Ante, p. 
722-
2992 
9 8 . 
213. 
583-
428-
278. 
81 Stat. 198-
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PUBLIC LAW 90-623-OCT. 22, 1968 
[82 STAX 
Adjustment Act of May 12, 1933 (48 Stat. 37)" and insert "section 
590h(b) of title 16" and "section 610(b) of title 7", respectively, in 
place thereof. 
Ante.v.ni. 
(24) In section 5334(f), strike out "section 8(b) of the Soil Con-
servation and Domestic Allotment Act (16 U.S.C. 590h(b))" ancj 
insert "section 590h(b) of title 16" in place thereof. 
Ante, p. 277. 
(25) In secti(m 6312, strike out "section 8(b) of the Soil Conserva-
tion and Domestic Allotment Act (16 U.S.C. 590h(b))" and "section 
10(b) of the Agricultural Adjustment Act of May 12, 1933 (48 Stat. 
37)" and insert "section 590h(b) of title 16" and "section 610(b) of 
title 7", respectively, in place thereof. 
(26) In section 5314, insert the following new paragraph at the end: 
"(53) Urban Mass Transportation Administrator." 
SEC. 2. Title 10, United States Code, is amended as follows: 
^
g
7
0
A Stat. 4; 
(1) In sections 101(8) (D) and 1124 (a), (b), and (g) strike out 
tat. 830. 
a^|-^g Treasury" wherever it appears and insert "Transportation" in 
place thereof. 
81 Stat. 754. 
(2) lu the aualysis of chapter 31 strike out "or national emergency" 
in item 506; 
7
0
A Stat. 17. 
(3) In section 510(a) strike out "section 501" and insert "section 
502" in place thereof; 
76 Stat. 450. 
(4) jn sectiou 815 (e) (article 15 (e)), strike out "or a law specialist 
or lawyer of the Marine (J^orps, Coast Guard, or Treasury Department" 
in the last sentence and insert in place thereof "or a law specialist or 
lawyer of the Coast Guard or Department of Transportation"; 
70A Stat. 201. 
(5) Strike out section 3534 and insert in place thereof: 
'^§3534. Corps of Engineers: detail of officers to assist Commis-
sioner of District of Columbia. 
"The President may detail not more than three officers assigned to 
the Corps of Engineers to assist the Commissioner of the District of 
Columbia in discharging his duties."; 
(6) Strike out the item relating to section 3534 in the analysis of 
chapter 343 and insert in place thereof: 
"3534. Corps of Engineers: detail of officers to assist Commissioner of District 
of Columbia."; 
80 Stat. 1114. 
(7) In the analysis of chapter 403 strike out item 4339; 
78 Stat. 149. 
(g) j ^ sections 4342(a) (5), 6954(a) (5), and 9342(a) (5) strike out 
"Commissioners" wherever it appears and insert in place thereof 
"Commissioner": 
81 Stat. 546. 
(9) jn sectiou 5149(c) strike out "4158(b)" and insert in place 
thereof "5148(b)"; 
7
0
A Stat. 417. 
(jQ) 
j ^ section 6483(b) insert "former" before "section 6150". 
SEC. 3. Title 37, United States Code, is amended as follows: 
76 Stat. 451, 
(1) In sectlous 101(5) (D), 306 (d) and (f), 307(d), 308 (e) and 
79^81^.^547; 
(g), 417 (a) and (b), 703, 1001(c), and 1006(f) strike out "the 
76 Stat. 478,484, Treasury" wherever they appear and insert in place thereof 
489,490. 
"Transportation"; 
81 Stat. 383. 
(2) In sectlou 202 redesignate subsection " ( k ) " (relating to basic 
pay of the Assistant Judge Advocate General of the Navy) as sub-
section "(1)"; 
78 Stat. 1070. 
(3) lu sectiou 205(e) strike out "the enactment of this subsection" 
and insert in place thereof "October 13,1964,"; 
77 Stat. 218. 
(4) jn section 305(a)(2) strike out "contiguous 48 States" and 
insert in place thereof "48 contiguous States"; 
81 Stat. 651. 
(5) In section 311(a) strike out "months" and insert in place 
thereof "months'"; 
80 Stat. 957. 
(g) i^ scction 406(d)(2) strike out "ninety" and insert in place 
thereof "90"; 
82 STAT] 
PUBLIC LAW 9 0 - 6 2 3 - O C T . 22, 1968 
1315 
(7) In section 554(b) strike out "twenty-nine" in the last sentence 
si stat. 764. 
and insert in place thereof "29"; 
(8) In section 904(a) insert "or" at the end of clause (10); 
si stat. 383. 
(9) In section 1006(a) strike out "permanent change of station" 
76 stat. 490. 
and insert in place thereof "change of permanent station". 
SEC. 4. The analysis of chapter 57 of title 28, United States Code, ^^2 stat. 9255 
is amended by striking out the following item: 
^'^'' ^^^ 
"962. Traveling expenses." 
SEC. 5. (a) Section 116 of the Economic Opportunity Act of 1964, Provisions o
f 
as added by section 101 of Public Law 90-222 (81 Stat. 681; 42 U.S.C. pucauon.^'^' ^''" 
2727), is amended— 
(1) by inserting, in subsection (a), "and in section 8143(a) of 
title 5, United States Code" immediately after "this subsection"; 
and 
(2) by striking out paragraph (2) of subsection (a). 
(b) Section 833 of the Economic Opportunity Act of 1964, as added 
by section 110 of Public Law 90-222 (81 Stat. 726; 42 U.S.C. 2994b), 
is amended— 
(1) by inserting, in subsection (a), "and in .section 8143(b) of 
title 5, United States Code" immediately after "subsection (b)"; 
and 
(2) by striking out subsection (b) and inserting in place 
thereof: 
"(b) Individuals who receive either a living allowance or a stipend 
under part A shall, with respect to such services or training, (1) be 
deemed, for the purposes of subchapter I I I of chapter 73 of title 5 
of the United States Code, persons employed in the executive branch 
so stat^525. 
of the Federal Government, and (2) be deemed Federal employees to 
" """ "^ ' 
the same extent a.s enrollees of the Job Corps under section 116(a) 
(1) and (3) of this Act." 
SEC. 6. (a) Sections 1-5 of this Act restate, without substantive 
change, the laws replaced by those sections on the effective date of this 
Act. Laws effective after June 30, 1968, that are inconsistent with this 
Act supersede it to the extent of the inconsistency. 
(b) References made by other law^s, regulations, and orders to the 
laws restated by this Act are deemed to refer to the corresponding 
provisions of this Act. 
(c) Actions taken under the laws restated by this Act are deemed 
to have been taken under the corresponding provisions of this Act. 
(d) Sections 1(2) and 1(14) of this Act are effective as of 
Effective dates. 
September 11,1967, for all purposes. 
(e) Sections 1(13) (B) and 1(17) of this Act are effective as of 
September 6,1966, for all purposes. 
SEC. 7. (a) The following laws are repealed except with respect to 
Repeals. 
rights and duties that matured, penalties that w^ere incurred, and 
proceedings that w^ere begun before the effective date of this Act: 
(1) The proviso on page 615 of the Act of July 1, 1902 (ch. 1352, 
32 Stat. 615); 
(2) The Act of August 28, 1958 (Public Law 85-847, 72 Stat. 
1086) ; 
(3) Section 205 of the Act of August 19, 1964 (Public Law 88-448, 
78 Stat. 488); 
(4) Section 214(d) of the Act of December 16, 1967 (Public Law 
90-206,81 Stat. 636). 
(b) Paragraphs (115), (427), (428), and (429) of section 402 of ^/^^ ^*"'- ^5^'-
Reorganization Plan No. 3 of 1967 have no further effect. 
5 use app. 
5 u s e 7321-
7327. 
5 u s e 8339 
note. 
1316 
PUBLIC LAW 90-624-OCT. 22, 1968 
[82 STAT. 
Post, 
p. 1368. 
Post, 
p. 1369-
(c) That part of the last sentence of section 3(a) of Reorganization 
Plan No. 1 of 1968 which relate to the rate of compensation of the 
Director of the Bureau of Narcotics and Dangerous Drugs has no 
further effect. 
(d) That part of the first sentence of section 3 (b) of Reorganization 
Plan No. 2 of 1968 which relates to the compensation of me Urban 
Mass Transportation Administrator has no further effect. 
Approved October 22, 1968. 
October 22, 1968 
[H. R. 7567] 
Public Law 90-624 
AN ACT 
To aineiid the Internal Revenue Code of 10.^4 with respec-t to the df fiiiition of com-
pensation for i)uriK>ses of tax under the Railroad Retirement Tax Act, and for 
other purposes. 
Taxes. 
Definition of 
compensation. 
68A Stat. 434. 
26 u s e 3231-
66 Stat. 168; 
75 Stat. 534. 
8 u s e 1101. 
50 Stat. 309; 
79 Stat. 860. 
45 u s e 228a. 
52 Stat. 1095. 
45 u s e 351. 
Applicability. 
26 u s e 3201-
3233-
73 Stat. 28; 
79 Stat. 861. 
Be if enacted by the Senate and HonMc of Representatives 
of the 
United States of America In Congress asseinhled^ That section 3281 
(e) (1) of the Internal Revenue Code of 1954 (relating to definition of 
compensation) is a.mended by inserting after the second sentence the 
I'olloAving new sentence: "Such term does not include remuneration for 
service which is performed by a nonresident alien individual for the 
Ijeriod he is temporarily present in the United States as a nonimmi-
grant under subparagraph (F) or (J) of section 101(a) (15) of the 
Immigration and Nationality Act, as amended, and which is performed 
to carry out the purpose specified in subparagraph (F) or (J), as the 
case may be." 
SEC. 2. Section 1(h) (1) of the Railroad Retirement Act of 1937 is 
amended by inserting after the second sentence the following new 
sentence: "Such term does not include remuneration for service which 
is performed by a nonresident alien individual for the period he is 
temporarily present in the United States as a nonimmigrant under 
subparagraph (F) or (J) of section 101(a) (15) of the Immigration 
and Nationality Act, as amended, and which is performed to carry out 
the purpose sfjecified in subparagraph (F) or (J), as the case may be." 
SEC. 8. Section 1 (i) of the Railroad Unemployment Insurance Act is 
amended by inserting after the first sentence the following new sen-
tence : "Such term does not include remuneration for service which is 
performed by a nonresident alien individual for the period he is tem-
porarily present in the United States as a nonimmigrant under sub-
paragraph (F) or (J) of section 101(a) (15) of the Immigration and 
Nationality Act, as amended, and which is performed to carry out the 
purpose specified in subparagraph (F) or (J), as the case may be." 
SEC. 4. (a) (1) The amendments made by the first two sections of 
this Act shall apply with respect to service performed after December 
81, 1961. 
(2) Notwithstanding the expiration before the date of the enactment 
of this Act or within 6 months after such date of the period for filing 
claim for credit or refund, claim for credit or refund of any overpay-
ment of any tax imposed by chapter 22 of the Internal Revenue Code 
of 1954 attributable to the amendment made by the first section of 
this Act may be filed at any time within one year after such date of 
enactment. 
(3) Any credit or refund of an overpayment of the tax imposed by 
section 8201 or 8211 of the Internal Revenue Code of 1954 which is 
attributable to the amendment made by the first section of this Act 
shall be appropriately adjusted for any lump-sum payment which 
has been made under section 5(f)(2) of the Railroad Retirement Act