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Volume 82 · 252

Public Law 90–364

To increase revenues, to limit expenditures and new obligational authority, and for other purposes.

Approved June 28, 1968

Statutory text

AN ACT

To increase revenues, to limit expenditures and new obligational authority, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a)

Short Title.—

This Act may be cited as the “Revenue and Expenditure Control Act of 1968”.

(b)

Table of Contents.—

TITLE I— INTERNAL REVENUE CODE AMENDMENTS

SEC. 101. AMENDMENT OF EXISTING LAW.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954.

SEC. 102. IMPOSITION OF TAX SURCHARGE.

(a)

Imposition of Tax.—

Subchapter A of chapter 1 (relating

68A Stat. 4.

26 USC 1–48.

to determination of tax liability) is amended by inserting at the end thereof the following new part:

“PART V— TAX SURCHARGE

“SEC. 51. TAX SURCHARGE.

“(a)

Imposition of Tax.—

“(1)

Calendar teaks.—

“(A)

Individuals (other than estates and trusts),—In addition to the other taxes imposed by this chapter, there is hereby imposed on the income of every individual (other than an estate or trust) whose taxable year is the calendar year a tax as follows:

If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—
At leastBut less thanAt leastBut less thanAt leastBut less than
0    $143    0    $275    $282    $20    $527    $540    $40    
$148    155    $1    282    288    21    540    553    41    
155    162    2    288    298    22    553    567    42    
162    168    3    298    313    23    567    580    43    
168    176    4    313    327    24    580    593    44    
175    182    5    327    340    26    593    607    45    
182    188    6    340    353    26    607    620    46    
188    195    7    353    367    27    620    633    47    
195    202    8    367    380    28    633    647    48    
202    208    9    380    303    29    647    660    49    
208    215    10    393    407    30    660    673    50    
215    222    11    407    420    31    673    687    51    
222    228    12    420    433    32    687    700    52    
228    235    13    433    447    33    700    713    53    
235    242    14    447    460    34    713    727    54    
242    248    15    460    473    35    727    734    55    
248    255    16    473    487    36    734 and over, 7.5% of the adjusted tax
255    262    17    487    500    37    
262    268    18    500    513    38       
268    275    19    513    527    39       
If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—
At leastBut less thanAt leastBut less thanAt leastBut less than
0    $223    0    $350    $357    $20    $527    $540    $40    
$223    230    $1    357    363    21    540    553    41    
230    237    2    363    370    22    553    567    42    
237    243    3    370    377    23    567    580    43    
243    250    4    377    383    24    580    593    44    
250    267    6    383    390    26    593    607    45    
257    283    6    390    397    26    607    620    46    
263    270    7    397    4M    27    620    633    47    
270    277    8    403    410    28    633    647    48    
277    283    9    410    417    29    647    660    49    
283    290    10    417    423    30    660    673    50    
290    297    11    423    430    31    673    687    51    
297    303    12    430    437    32    687    700    52    
303    310    13    437    447    33    700    713    53    
310    317    14    447    460    34    713    727    54    
317    323    15    460    473    35    727    734    55    
323    330    16    473    487    36    734 and over, 7.5% of the adjusted tax    
330    337    17    487    500    37    
337    343    18    500    513    38       
343    350    19    513    527    39       
If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—
At leastBut less thanAt leastBut less thanAt leastBut less than
0    $293    0    $420    $427    $20    $553    $560    $40    
$293    300    $1    427    433    21    560    567    41    
300    307    2    433    440    22    567    573    42    
307    313    3    440    447    23    573    580    43    
313    320    4    447    453    24    580    593    44    
320    327    5    453    460    26    593    607    45    
327    333    6    460    467    26    607    620    46    
333    340    7    467    473    27    620    633    47    
340    347    8    473    480    28    633    647    48    
347    363    9    480    487    29    647    660    49    
353    360    10    487    493    30    660    673    50    
360    367    11    493    500    31    673    687    51    
367    373    12    500    507    32    087    700    52    
373    380    13    507    613    33    700    713    53    
380    387    14    513    520    34    713    727    54    
387    303    15    520    527    35    727    734    65    
393    400    16    527    533    36    734 and over, 7.5% of the adjusted tax    
400    407    17    533    540    37    
407    413    18    540    547    38       
413    420    19    547    553    39       
If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—
At leastBut less thanAt leastBut less thanAt leastBut less than
0    $150    0    $270    $280    $13    $510    $530    $26    
$150    160    SI    280    290    14    630    550    27    
160    170    2    290    310    15    550    570    28    
170    180    3    310    330    16    570    590    29    
180    190    4    330    350    17    690    610    30    
190    200    5    350    370    18    610    630    31    
200    210    6    370    390    19    630    650    32    
210    220    7    390    410    20    650    670    33    
220    230    8    410    430    21    670    690    34    
230    240    9    430    450    22    690    710    35    
240    250    10    460    470    23    710    730    36    
250    260    11    470    490    24    730 and over, 5% of the adjusted tax    
260    270    12    490    510    25    
If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—
At leastBut less thanAt leastBut less thanAt leastBut less than
0    $225    0    $345    $385    $13    $510    $530    $26    
$225    235    $1    355    365    14    530    550    27    
235    245    2    365    375    15    550    570    28    
245    255    3    375    385    16    570    590    29    
255    265    4    385    395    17    590    610    30    
265    278    5    395    405    18    010    630    31    
275    285    6    405    415    19    630    660    32    
285    295    7    415    425    20    650    670    33    
295    305    8    425    435    21    670    690    34    
305    315    9    435    450    22    690    710    35    
315    325    10    450    470    23    710    730    36    
325    335    11    470    490    24    730 and over, 5% of the adjusted tax    
335    345    12    490    510    25    
If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—If the adjusted tax is:The tax is—
At leastBut less thanAt leastBut less thanAt leastBut less than
0    $295    0    $415    $425    $13    $545    $555    $26    
$295    305    $1    425    435    14    555    565    27    
305    315    2    435    445    15    565    575    28    
315    325    3    445    455    18    575    590    29    
325    335    4    455    465    17    590    610    30    
335    345    5    465    475    IS    610    630    31    
345    355    6    475    485    19    630    650    32    
355    365    7    485    495    20    650    670    33    
365    375    8    495    505    21    670    690    34    
375    385    9    505    515    22    690    710    35    
385    395    10    515    525    23    710    730    36    
395    405    11    525    535    24    730 and over, 5% of the adjusted tax    
405    415    12    535    545    25    
“(B)

Other persons.—

In addition to the other taxes imposed by this chapter, there is hereby imposed on the income of every corporation, and on the income of every estate and trust, whose taxable year is the calendar year, a tax equal to the percent of the adjusted tax (as defined in subsection (b)) for the taxable year specified in the following table:

Calendar yearPercent
Estates and trustsCorporations
19687.510.0
19695.0 5.0
“(2)

Fiscal and short taxable years.—

“(A)

In general.—

In addition to the other taxes imposed by this chapter and except as provided in subparagraph (B), in the case of taxable years ending on or after the effective date of the surcharge and beginning before July 1, 1969, there is hereby imposed on the income of every person whose taxable year is other than the calendar year, a tax equal to—

“(i)

10 percent of the adjusted tax for the taxable year, multiplied by

“(ii)

a fraction, the numerator of which is the number of days in the taxable year occurring on and after the effective date of the surcharge and before July 1, 1969, and the denominator of which is the number of days in the entire taxable year.

“(B)

Limitation.—

In the case of—

“(i)

a husband and wife (or surviving spouse) who file

68A Stat. 733.

26 USC 6013.

a joint return under section 6013 and whose adjusted tax for the taxable year is less than $580,

“(ii)

an individual who is a head of a household to whom section 1(b) applies and whose adjusted tax for the taxable year is less than $440, and

“(iii)

any other individual (other than an estate or trust) whose adjusted tax for the taxable year is less than $290,

the tax imposed by subparagraph (A) shall not be greater than an amount equal to twice the tax which would be imposed by subparagraph (A) if the tax were imposed on the amount by which the adjusted tax exceeds $290, $220, or $145, respectively.

“(C)

Effective date defined.—

For purposes of subparagraph

“Effective date of the surcharge.”

(A), the term ‘effective date of the surcharge’ means—

“(i)

January 1, 1968, in the case of a corporation, and

“(ii)

April 1, 1968, in the case of any other taxpayer.

“(b)

Adjusted Tax Defined.—

For purposes of this section, the

“Adjusted tax.”

term ‘adjusted tax’ means, with respect to any taxable year, the tax imposed by this chapter for such taxable year, determined without regard to—

“(1)

the taxes imposed by this section, section 871(a), and section 881; and

80 Stat. 1547, 1555.

26 USC 871, 881.

76 Stat. 963.

72 Stat. 1637.

68A Stat. 211.

“(2)

any increases in tax under section 47(a) (relating to certain dispositions, etc., of section 38 property) or section 614(c)(4)(C) (relating to increase in tax for deductions under section 615(a) prior to aggregation),

and reduced by an amount equal to the amount of any credit which would be allowable under section 37 (relating to retirement income)

68A Stat. 15.

if no tax were imposed by this section for such taxable year.

“(c)

Estimated Tax.—

For purposes of applying the provisions of this title with respect to declarations, amended declarations, and payments of estimated tax the time prescribed for filing or payment of which is on or after—

“(1)

in the case of an individual, September 15, 1968, or

“(2)

in the case of a corporation, June 15, 1968,

sections 6654(d)(1) and 6655(d)(1) shall not apply with respect to

80 Stat. 62; 68A Stat. 825 Post, p. 264.

any taxable year for which a tax is imposed by this section.

“(d)

Western Hemisphere Trade (Corporations and Dividends on Certain Preferred Stock.—

In computing, for a taxable year of a corporation, the fraction described in—

“(1)

section 244(a)(2), relating to deduction with respect to

68A Stat. 73; 78 Stat. 55.

dividends received on the preferred stock of a public utility,

“(2)

section 247(a)(2), relating to deduction with respect to certain dividends paid by a public utility, or

“(3)

section 922(2), relating to special deduction for Western Hemisphere trade corporations,

the denominator shall, under regulations prescribed by the Secretary or his delegate, be increased to reflect the rate at which tax is imposed under subsection (a) for such taxable year.

“(e)

Shareholders of Regulated Investment Companies.—

In computing the amount of tax deemed paid under section 852(b)(3)(D)(ii) and the adjustment to basis described in section 852(b)(3)(D)(iii),

70 Stat. 530.

the percentages set forth therein shall be adjusted under regulations prescribed by the Secretary or his delegate to reflect the rate at which tax is imposed under subsection (a).

“(f)

Special Rule.—

For purposes of this title, to the extent the tax imposed by this section is attributable (under regulations prescribed by the Secretary or his delegate) to a tax imposed by another section of this chapter, such tax shall be deemed to be imposed by such other section.”

(b)

Technical Amendment.—

Section 963(b) (relating to receipt

78 Stat. 29.

of minimum distributions by domestic corporations) is amended—

(1)

by striking out the heading of paragraph (1) and inserting in lieu thereof the following:

“(1)

Taxable years beginning in 1963 and taxable years entirely within the surcharge period.—

”, and

(2)

by striking out the heading of paragraph (3) and inserting in lieu thereof the following:

“(3)

Taxable teaks beginning after 1964 (except taxable years which include any part of the surcharge period) .—

”, and

(3)

by adding after the table in paragraph (3) the following:

“In the case of a taxable year beginning before the surcharge period and ending within the surcharge period, or beginning within the surcharge period and ending after the surcharge period, the required minimum distribution shall be an amount equal to the sum of—

“(A)

that portion of the minimum distribution which would be required if the provisions of paragraph (1) were applicable to the taxable year, which the number of days in such taxable year which are within the surcharge period bears to the total number of days in such taxable year, plus

“(B)

that portion of the minimum distribution which would be required if the provisions of paragraph (3) were applicable to such taxable year, which the number of days in such taxable year which are not within the surcharge period bears to the total number of days in such taxable year.

“Surcharge period”

As used in this subsection, the term ‘surcharge period’ means the period beginning January 1, 1968, and ending June 30, 1969.”

(c)

Withholding on Wages.—

(1)

Percentage method of withholding.—

Subsection (a)

80 Stat. 38.

26 USC 3402.

of section 3402 (relating to requirement of withholding) is amended—

(A)

by inserting before table 1 therein the following:

“(1)

In the case of wages paid on or before the 15th day after the date of the enactment of the Revenue and Expenditure Control

Ante, p. 251.

Act of 1968 or after June 30, 1969:”; and

(B)

by adding at the end thereof the following:

“(2)

In the case of wages paid after the 15th day after the date of the enactment of the Revenue and Expenditure Control Act of 1968 and before July 1, 1969:

“Table 1—

If the payroll period with respect to an employee is WEEKLY

“(a)

Single Person—

Including Head of Household:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $4.0.
Over $4 but not over $13.14% of excess over $4.
Over $13 but not over $23.$1.26 plus 15% of excess over $13.
Over $23 but not over $85.$2.76 plus 19% of excess over $23.
Over $85 but not over $169$14.54 plus 22% of excess over $85.
Over $169 but not over $212.$33.02 plus 28% of excess over $169.
Over $212.$45.06 plus 33% of excess over $212.
“(b)

Married Person:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $4.0.
Over $4 but not over $23.14% of excess over $4.
Over $23 but not over $58.$2.66 plus 15% of excess over $23.
Over $58 but not over $169.$7.91 plus 19% of excess over $58.
Over $169 but not over $340.$29.00 plus 22% of excess over $169.
Over $340 but not over $423.$66.62 plus 28% of excess over $340.
Over $423.$58.86 plus 33% of excess over $423.

“Table 2—

If the payroll period with respect to an employee is BIWEEKLY

“(a)

Single Person—

Including Head of Household:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $8.0.
Over $8 but not over $27.14% of excess over $8.
Over $27 but not over $46.$2.66 plus 15% of excess over $27.
Over $46 but not over $169.$5.51 plus 19% of excess over $46.
Over $169 but not over $338$28.88 plus 22% of excess over $169.
Over $338 but not over $423.$66.06 plus 28% of excess over $338.
Over $423.$89.86 plus 33% of excess over $423.
“(b)

Married Person:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $8.0.
Over $8 but not over $46.14% of excess over $8.
Over $46 but not over $115.$5.32 plus 15% of excess over $46.
Over $115 but not over $338.$15.67 plus 19% of excess over $115.
Over $338 but not over $681.$58.04 plus 22% of excess over $338.
Over $681 but not over $846.$133.50 plus 28% of excess over $681.
Over $846.$179.70 plus 33% of excess over $846.

“Table 3—

If the payroll period with respect to an employee is SEMIMONTHLY

“(a)

Single Person—

Including Head of Household:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $80.
Over $8 but not over $29.14% of excess over $8.
Over $29 but not over $50.$2.94 plus 15% of excess over $29.
Over $50 but not over $183.$6.09 plus 19% of excess over $50.
Over $183 but not over $367.$31.36 plus 22% of excess over $183.
Over $367 but not over $458.$71.84 plus 28% of excess over $367.
Over $458.$97.32 plus 33% of excess over $458.
“(b)

Married Person:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $8.0.
Over $8 but not over $50.14% of excess over $8.
Over $50 but not over $125.$5.88 plus 15% of excess over $50.
Over $125 but not over $367.$17.13 plus 19% of excess over $125.
Over $367 but not over $738.$63.11 plus 22% of excess over $367.
Over $738 but not over $917.$144.73 plus 28% of excess over $738.
Over $917.$194.85 plus 33% of excess over $917.

“Table 4—

If the payroll period with respect to an employee is MONTHLY

“(a)

Single Person—

Including Head of Household:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $17.0.
Over $17 but not over $58.14% of excess over $17.
Over $58 but not over $100.$5.74 plus 15% of excess over $58.
Over $100 but not over $367.$12.04 plus 19% of excess over $100.
Over $367 but not over $733.$62.77 plus 22% of excess over $367.
Over $733 but not over $917.$143.29 plus 28% of excess over $733.
Over $917.$194.81 plus 33% of excess over $917.
“(b)

Married Person:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $17.0.
Over $17 but not over $100.14% of excess over $17.
Over $100 but not over $250.$11.62 plus 15% of excess over $100.
Over $250 but not over $733.$34.12 plus 19% of excess over $250.
Over $733 but not over $1475.$123.89 plus 22% of excess over $733.
Over $1475 but not over $1833.$289.13 plus 28% of excess over $1475.
Over $1833.$389.37 plus 33% of excess over $1833.

‘Table 5.—

If the payroll period with respect to an employee is QUARTERLY

“(a)

Single Person—

Including Head of Household:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $50.0.
Over $50 but not over $175.14% of excess over $50.
Over $175 but not over $300.$17.50 plus 15% of excess over $175.
Over $300 but not over $1100.$36.25 plus 19% of excess over $300.
Over $1100 but not over $2200.$188.25 plus 22% of excess over $1100.
Over $2200 but not over $2750.$430.25 plus 28% of excess over $2200.
Over $2750.$584.25 plus 33% of excess over $2750.
“(b)

Married Person:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $50.0.
Over $50 but not over $300.14% of excess over $50.
Over $300 but not over $750.$35.00 plus 15% of excess over $300.
Over $750 but not over $2200.$102.50 plus 19% of excess over $750.
Over $2200 but not over $4425.$378.00 plus 22% of excess over $2200.
Over $4425 but not over $5500.$867.50 plus 28% of excess over $4425.
Over $5500.$1168.50 plus 33% of excess over $5500.

“Table 6—

If the payroll period with respect to an employee is SEMIANNUAL

“(a)

Single Person—

Including Head of Household:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $100.0.
Over $100 but not over $350.14% of excess over $100.
Over $350 but not over $600.$35.00 plus 15% of excess over $350.
Over $600 but not over $2200.$72.50 plus 19% of excess over $600.
Over $2200 but not over $4400.$376.00 plus 22% of excess over $2200.
Over $4400 but not over $5500.$860.50 plus 28% of excess over $4400.
Over $5500.$1168.50 plus 33% of excess over $5500.
“(b)

Married Person:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $100.0.
Over $100 but not over $600.14% of excess over $100.
Over $600 but not over $1500.$70.00 plus 15% of excess over $600.
Over $1500 but not over $4400.$205.00 plus 19% of excess over $1500.
Over $4400 but not over $8850.$756.00 plus 22% of excess over $4400.
Over $8850 but not over $11,000.$1735.00 plus 28% of excess over $8850.
Over $11,000.$2337.00 plus 33% of excess over $11,000.

“Table 7—If the payroll period with respect to an employee is ANNUAL

“(a)

Single Person—

Including Head of Household:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $200.0.
Over $200 but not over $700.14% of excess over $200.
Over $700 but not over $1200.$70 plus 15% of excess over $700.
Over $1200 but not over $4400.$145 plus 19% of excess over $1200.
Over $4400 but not over $8800.$753 plus 22% of excess over $4400.
Over $8850 but not over $11,000.$1,721 plus 28% of excess over $8800.
Over $11,000.$2,337 plus 33% of excess over $11,000.
“(b)

Married Person:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $200.0.
Over $200 but not over $1200.14% of excess over $200.
Over $1200 but not over $3000.$140 plus 15% of excess over $1200.
Over $3000 but not over $8800.$410 plus 19% of excess over $3000.
Over $8800 but not over $17,700.$1,512 plus 22% of excess over $8800.
Over $17,700 but not over $22,000$3,407 plus 28% of excess over $17,700.
Over $22,000.$4,647 plus 33% of excess over $22,000.

“Table 8—It the payroll period with reaped to an employee is a DAILY payroll or a miscellaneous payroll period

“(a)

Single Person—

Including Head of Household:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $0.50.0.
Over 0.05 but not over $1.90.14% of excess over $0.50.
Over $1.90 but not over $3.30.$0.20 plus 15% of excess over $1.90.
Over $3.30 but not over $12.10.$0.41 plus 19% of excess over $3.30.
Over $12.10 but not over $24.10.$2.08 plus 22% of excess over $12.10.
Over $24.10 but not over $30.10.$4.72 plus 28% of excess over $24.10.
Over $30.10.$6.40 plus 33% of excess over $30.10.
“(b)

Married Person:

If the amount of wages is:The amount of income tax to be with-held shall be:
Not over $0.500.
Over 0.05 but not over $3.30.14% of excess over $0.50.
Over $3.30 but not over $8.20.$0.39 plus 15% of excess over $3.30.
Over $8.20 but not over $24.10.$1.13 plus 19% of excess over $8.20.
Over $24.10 but not over $48.50.$4.15 plus 22% of excess over $24.10.
Over $48.50 but not over $60.30.$9.52 plus 28% of excess over $48.50.
Over $60.30.$12.82 plus 33% of excess over $60.30.
(2)

Wage bracket withholding.—

Subsection (c) of section 3402

68A Stat. 458.

26 USC 3402.

(relating to wage bracket withholding) is amended by adding at the end thereof the following new paragraph:

“(6)

In the case of wages paid after the 15th day after the date of the enactment of the Revenue and Expenditure Control Act of 1968, and before July 1, 1969, the amount deducted and withheld

Ante, p. 251.

under paragraph (1) shall be determined in accordance with tables prescribed by the Secretary or his delegate in lieu of the tables contained in paragraph (1). The tables so prescribed shall

80 Stat. 41.

be the same as the tables contained in paragraph (1), except that amounts and rates set forth as amounts and rates of tax to be deducted and withheld shall be computed on the basis of table 7 contained in subsection (a)(2).”

Ante, p. 258.

(d)

Clerical Amendment.—

The table of parts of subchapter A of chapter 1 is amended by adding at the end thereof the following:

(e)

Effective Date.—

Except as provided by section 104, the amendments

Post, p. 264.

made by this section (other than subsection (c)) shall apply—

(1)

Insofar as they relate to taxpayers other than corporations, to taxable years ending after March 31, 1968, and beginning before July 1, 1969.

(2)

Insofar as they relate to corporations, to taxable years ending after December 31, 1967, and beginning before July 1, 1969.

SEC. 103. PAYMENT OF ESTIMATED TAX BY CORPORATIONS.

(a)

Repeal of Requirement of Declaration.—

Section 6016 (relating to declarations of estimated income tax by corporations) and section 6074 (relating to time for filing declarations of estimated income tax by corporations) are repealed.

(b)

Installment Payments of Estimated Income Tax by Corporations.—

Section 6154 (relating to installment payments of estimated income tax by corporations) is amended to read as follows:

“SEC. 6154. INSTALLMENT PAYMENTS OF ESTIMATED INCOME TAX BY CORPORATIONS.

“(a)

Corporations Required To Pay Estimated Income Tax.—

Every corporation subject to taxation under section 11 or 1201(a), or subchapter L of chapter 1 (relating to insurance companies), shall make payments of estimated tax (as defined in subsection (c)) during its taxable year as provided in subsection (b) if its estimated tax for such taxable year can reasonably be expected to be $40 or more.

“(b)

Payment in Installments.—

Any corporation required under subsection (a) to make payments of estimated tax (as defined in subsection (c)) shall make such payments in installments as follows:

“If the requirements of subsection (a) are first met—The following estimated tax the 15th day of percentage of the sha11 be paid on the—
 4th month6th month9th month12th month
Before the 1st day of the 4th month of the taxable year2525 25 25 
After the 2st day of the 3d month and before the 1st day of the 6th month of the taxable year_ _ _ _ _33⅓33⅓33⅓
After the 1st day of the 5th month and before the 1st day of the 9th month of the taxable year_ _ _ _ __ _ _ _ _50 50 
After the 1st day of the 8th month and before the 1st day of the 12th month of the taxable year_ _ _ _ __ _ _ _ __ _ _ _ _100 
“(c)

Estimated Tax Defined.—

“(1)

In general.—

For purposes of this title, in the case of a corporation the term ‘estimated tax’ means the excess of—

“(A)

the amount which the corporation estimates as the amount of the income tax imposed by section 11 or 1201(a), or subchapter L of chapter 1, whichever is applicable, over

“(B)

the sum of—

“(i)

the amount which the corporation estimates as the sum of the credits against tax provided by part IV

26 USC 31–48.

of subchapter A of chapter 1,

“(ii)

in the case of a taxable year beginning after December 31, 1967, and before January 1, 1977, the amount of the corporation’s temporary estimated tax exemption for such year, and

“(iii)

in the case of a taxable year beginning after December 31, 1967, and before January 1, 1972, the amount of the corporation’s transitional exemption for such year.

“(2)

Temporary estimated tax exemption.—

“(A)

In general.—

For purposes of clause (ii) of paragraph (1)(B), the amount of a corporation’s temporary estimated tax exemption for a taxable year equals the applicable percentage (determined under subparagraph (B)) multiplied by the lesser of—

“(i)

an amount equal to 22 percent of the amount which the corporation estimates as its surtax exemption (as defined in section 11(d)) for such year, or

78 Stat. 25.

26 USC 11

“(ii)

the excess determined under paragraph (1) without regard to clauses (ii) and (iii) of paragraph (1)(B).

“(B)

Applicable percentage.—

For purposes of subparagraph (A) and section 6655(e)(2), the applicable percentage

Post, p, 262.

is—

“In the case of a taxable year beginning in— 
1968, 1969, 1970, 1971, and 1972100 percent
197380 percent
197460 percent
197540 percent
197620 percent
“(3)

Transitional exemption.—

“(A)

In general.—

For purposes of clause (iii) of paragraph (1)(B), the amount of a corporation’s transitional exemption for a taxable year equals the exclusion percentage (determined under subparagraph (B)) multiplied by the lesser of—

“(i)

$100,000, reduced by the amount of the corporation’s temporary estimated tax exemption for such year, or

“(ii)

the excess determined under paragraph (1) without regard to clause (iii) of paragraph (1)(B).

“(B)

Exclusion percentage.—

For purposes of subparagraph (A) and section 6655(e)(3), the exclusion percentage

Post, p. 262.

is—

“In the case of a taxable year beginning in— 
196880 percent
196960 percent
197040 percent
197120 percent
“(d)

Recomputation of Estimated Tax.—

If, after paying any installment of estimated tax, the taxpayer makes a new estimate, the amount of each remaining installment (if any) shall be the amount which would have been payable if the new estimate had been made when the first estimate for the taxable year was made, increased or decreased (as the case may be) by the amount computed by dividing—

“(1)

the difference between—

“(A)

the amount of estimated tax required to be paid before the date on which the new estimate is made, and

“(B)

the amount of estimated tax which would have been required to be paid before such date if the new estimate had been made when the first estimate was made, by

“(2)

the number of installments remaining to be paid on or after the date on which the new estimate is made.

“(e)

Application to Short Taxable Year.—

The application of this section to taxable years of less than 12 months shall lie in accordance with regulations prescribed by the Secretary or his delegate.

“(f)

Installments Paid in Advance.—

At the election of the corporation, any installment of the estimated tax may be paid before the date prescribed for its payment.

“(g)

Certain Foreign Corporations.—

For purposes of this section and section 6655, in the case of a foreign corporation subject to taxation under section 11 or 1201(a), or under subchapter L of chapter

68A stat. 320.

26 USC 801—843.

80 Stat. 1555.

1, the tax imposed by section 881 shall be treated as a tax imposed by section 11.”

(c)

Failure by Corporation To Pay Estimated Tax.—

(1)

Raising to percent requirement to 80 percent.—

Subsections (b) and (d)(3) of section 6655 (relating to underpayments of estimated tax) are amended by striking out “70 percent” each place it appears therein and inserting in lieu thereof “80 percent”.

(2)

Definition of tax.—

Subsection (e) of section 6655 (relating to definition of tax) is amended to read as follows:

“(e)

Definition of Tax.—

“(1)

In general.—

For purposes of subsections (b) and (d), the term ‘tax’ means the excess of—

“(A)

the tax imposed by section 11 or 1201 (a), or subchapter L of chapter 1. whichever is applicable, over

“(B)

the sum of—

“(i)

the credits against tax provided by part IV of subchapter A of chapter 1,

“(ii)

in the case of a taxable year beginning after December 31, 1967, and before January 1, 1977, the amount of the corporation’s temporary estimated tax exemption for such year, and

“(iii)

in the case of a taxable year beginning after December 31, 1967, and before January 1, 1972, the amount of the corporation’s transitional exemption for such year.

“(2)

Temporary estimated tax exemption.—

For purposes of clause (ii) of paragraph (1)(B), the amount of a corporation’s temporary estimated tax exemption for a taxable year equals the

Ante, p. 261.

applicable percentage (determined under section 6154(c)(2)(B)) multiplied by the lesser of—

“(A)

an amount equal to 22 percent of the corporation’s surtax exemption (as defined in section 11(d)) for such year, or

“(B)

the excess determined under paragraph (1) without regard to clauses (ii) and (iii) of paragraph (1)(B).

“(3)

Transitional exemption.—

For purposes of clause (iii) of paragraph (1)(B), the amount of a corporation’s transitional exemption for a taxable year equals the exclusion percentage (determined under section 6154(c)(3)(B)) multiplied by the lesser of—

“(A)

$100,000, reduced by the amount of the corporation’s temporary estimated tax exemption for such year, or

“(B)

the excess determined under paragraph (1) without regard to clause (iii) of paragraph (1)(B).

“(4)

Special rule for subsection (d)(1) and (2).—

In applying this subsection for purposes of subsection (d)(1) and (2), the applicable percentage and the exclusion percentage shall be the percentage for the taxable year for which the underpayment is being determined.”

(d)

Adjustment of Overpayment.—

(1)

Allowance of adjustment.—

Subchapter B of chapter 65 (relating to rules of special application) is amended by adding at the end thereof the following new section:

“SEC. 6425. ADJUSTMENT OF OVERPAYMENT OF ESTIMATED INCOME TAX BY CORPORATION.

“(a)

Application for Adjustment.—

“(1)

Time for filing.—

A corporation may, after the close of the taxable year and on or before the 15th day of the third month thereafter, and before the day on which it files a return for such taxable year, file an application for an adjustment of an overpay-ment by it of estimated income tax for such taxable year. An application under this subsection shall not constitute a claim for credit or refund.

“(2)

Form of application, etc.—

An application under this subsection shall be verified in the manner prescribed by section 6065

68A Stat. 749.

26 USC 6065.

in the case of a return of the taxpayer, and shall be filed in the manner and form required by regulations prescribed by the Secretary or his delegate. The application shall set forth—

“(A)

the estimated income tax paid by the corporation during the taxable year,

“(B)

the amount which, at the time of filing the application, the corporation estimates as its income tax liability for the taxable year,

“(C)

the amount of the adjustment, and

“(D)

such other information for purposes of carrying out the provisions of this section as may be required by such regulations.

“(b)

Allowance of Adjustment.—

“(1)

Limited examination of application.—

Within a period of +5 days from the date on which an application for an adjustment is filed under subsection (a), the Secretary or his delegate shall make, to the extent he deems practicable in such period, a limited examination of the application to discover omissions and errors therein, and shall determine the amount of the adjustment upon the basis of the application and the examination; except that the Secretary or his delegate may disallow, without further action, any application which he finds contains material omissions or errors which he deems cannot be corrected within such 45 days.

“(2)

Adjustment credited or refunded.—

The Secretary or his delegate, within the 45-day period referred to tn paragraph (1), may credit the amount of the adjustment against any liability in respect of an internal revenue tax on the part of the corporation and shall refund the remainder to the corporation.

“(3)

Limitation.—

No application under this section shall be allowed unless the amount of the adjustment equals or exceeds (A) 10 percent of the amount estimated by the corporation on its application as its income tax liability for the taxable year, and (B) $500.

“(4)

Effect of adjustment.—

For purposes of this title (other than section 6655), any adjustment under this section shall be treated as a reduction, in the estimated income tax paid, made on the day the credit is allowed or the refund is paid.

“(c)

Definitions.—

For purposes of this section and section 6655(g) (relating to excessive adjustment)—

Post,p. 264.

“Income tax liability.”

78 Stat. 25.

68A Stat. 320.

26 USC 801–843.

26 USC 31–48.

“(1)

The term ‘income tax liability’ means the excess of—

“(A)

the tax imposed by section 11 or 1201(a), or subchapter L of chapter 1, whichever is applicable, over

“(B)

the credits against tax provided by part IV of subchapter A of chapter 1.

“(2)

The amount of an adjustment under this section is equal to the excess of—

“(A)

the estimated income tax paid by the corporation during the taxable year, over

“(B)

the amount which, at the time of filing the application, the corporation estimates as its income tax liability for the taxable year.

“(d)

Consolidated Returns.—

If the corporation seeking an adjustment under this section paid its estimated income tax on a consolidated basis or expects to make a consolidated return for the taxable year, this section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Secretary or his delegate may by regulations prescribe.”

(2)

Amendment of section 6655.—

Section 6655 is amended by adding at the end thereof the following new subsection:

“(g)

Excessive Adjustment Under Section 6425.—

“(1)

Addition to tax.—

If the amount of an adjustment under

Ante, p. 262.

section 6425 made before the 15th day of the third month following the close of the taxable year is excessive, there shall be added to the tax under chapter 1 for the taxable year an amount determined at the rate of 6 percent per annum upon the excessive amount from the date on which the credit is allowed or the refund is paid to such 15th day.

“(2)

Excessive amount.—

For purposes of paragraph (1), the excessive amount is equal to the amount of the adjustment or (if smaller) the amount by which—

“(A)

the income tax liability (as defined in section 6425

Ante, p. 263.

(c)) for the taxable year as shown on the return for the taxable year exceeds

“(B)

the estimated income tax paid during the taxable year, reduced by the amount of the adjustment.”

(e)

Conforming Amendments.—

(1)

Section 6655(d)(1) is amended by striking out “reduced by $100,000”.

(2)

Section 243(b)(3)(C)(v) is amended to read as follows:

“(v)

surtax exemption, and one amount under sections 6154

Ante, pp. 260, 262.

(c)(2) and (3) and sections 6655(e)(2) and (3), for purposes of estimated tax payment requirements under section 6154 and the addition to the tax under section 6655 for failure to pay estimated tax.”

(3)

Section 6020(b)(1) is amended by striking out “section 6015 or 6016)” and inserting in lieu thereof “section 6015)”.

(4)

Section 6651(c) is amended by striking out “or section 6016”.

(5)

Section 7203 is amended by striking out “section 6015 or section 6016),” and inserting in lieu thereof “section 6015),”.

(6)

Section 7701(a)(34)(B) is amended by striking out “section 6016(b)” and inserting in lieu thereof “section 6154(c)”,

(7)

The table of sections for subpart B of part II of subchapter A of chapter 61 is amended by striking out the item relating

Ante, p. 260.

to section 6016.

(8)

The table of sections for part V of subchapter A of chapter 61 is amended by striking out the item relating to section 6074.

(9)

The table of sections for subchapter B of chapter 65 is amended by adding at the end thereof the following:

(f)

Effective Date.—

Except as provided by section 104, the amendments made by this section shall apply with respect to taxable years beginning after December 31, 1967.

SEC. 104. SPECIAL RULES FOR APPLICATION OF SECTIONS 102 AND 103.

(a)

Payment of Estimated Tax for Taxable Years Beginning Before Date of Enactment.—

In determining whether any taxpayer is required to make a declaration or amended declaration of estimated tax, or to pay any amount or additional amount of estimated tax, by reason of the amendments made by sections 102 and 103—

(1)

such amendments shall apply (A) in the case of an individual, only if the taxable year ends on or after September 30, 1968, and (B) in the case of a corporation, only if the taxable year ends on or after June 30, 1968,

(2)

in applying sections 6015, 6073, and 6654 of the Internal Revenue Code of 1954, such amendments shall first be taken into

68A Stat. 737.

26 USC 6015, 6073, 6654.

account as of September 1, 1968, and

(3)

in applying sections 6016, 6074, 6154, and 6655 of such Code, such amendments shall first be taken into account as of

Ante, pp. 260, 262. 264.

May 31, 1968.

In the case of any amount or additional amount of estimated tax payable, by reason of such amendments, by a corporation on or after June 15, 1968, and before the 15th day after the date of the enactment of this Act, the time prescribed for payment of such amount or additional amount shall not expire before such date (not earlier than the 15th day after the date of the enactment of this Act) as the Secretary of the Treasury or his delegate shall prescribe.

(b)

Payment of Tax Surcharge for Taxable Years Ending Before Date of Enactment.—

In the case of a taxable year ending before the date of the enactment of this Act, the time prescribed for payment of the tax imposed by section 51 of the Internal Revenue Code of 1954 shall not expire before September 15, 1968.

Ante, p. 252.

SEC. 105. CONTINUATION OF EXCISE TAXES ON COMMUNICATION SERVICES AND ON AUTOMOBILES.

(a)

Passenger Automobiles.—

(1)

In general.—

Subparagraph (A) of section 4961(a)(2)

80 Stat. 65.

(relating to tax on passenger automobiles, etc.) is amended to read as follows:

“(A)

Articles enumerated in subparagraph (B) are taxable at

79 Stat. 137.

whichever of the following rates is applicable:

“If the article is sold—The tax rate is—
Before January 1, 19707 percent
During 19705 percent
During 19713 percent
During 19721 percent

The tax imposed by this subsection shall not apply with respect to articles enumerated in subparagraph (B) which are sold by the manufacturer, producer, or importer after December 31, 1972.”

(2)

Conforming amendment.—

Sect ion 6412(a)(1) (relating

80 Stat. 66; Ante, p. 92.

to floor stocks refunds on passenger automobiles, etc.) is amended by striking out “May 1, 1968, or January 1, 1969,” and inserting in lieu thereof “January 1, 1970, January 1, 1971, January 1, 1972, or January 1, 1973,”.

(b)

Communications Services.—

(1)

Continuation of tax.—

Paragraph (2) of section 4251(a) (relating to tax on certain communications services) is amended to read as follows:

“(2)

The rate of tax referred to in paragraph (1) is as follows:

79 Stat. 145.

“Amounts paid pursuant to bills first redered—Percent—
Before January 1, 197010 
During 19705 
During 19713 
During 1972 1.”
(2)

Conforming amendments.—

Subsection (b) of section4251 (relating to termination of tax) is amended by striking out “January 1, 1969” and inserting in lieu thereof “January 1, 1973”, and subsection (c) of section 4251 is amended to read as follows:

80 Stat. 66.

“(c)

Special Rule.—

For purposes of subsections (a) and (b), in the case of communications services rendered before November 1 of a calendar year for which a bill has not been rendered before the close of such year, a bill shall be treated as having been first rendered on December 31 of such year.”

(3)

Repeal of subchafter b of chapter 33.—

Effective with respect to amounts paid pursuant to bills first rendered on or after

79 Stat. 145.

26 USC 4251–4254.

January 1, 1973, subchapter B of chapter 33 (relating to the tax on communications) is repealed. For purposes of the preceding sentence, in the case of communications services rendered before November 1, 1972, for which a bill has not been rendered before January 1, 1973, a bill shall be treated as having been first rendered on December 31, 1972. Effective January 1, 1973, the table of subchapters for chapter 33 is amended by striking out the item relating to such subchapter B.

(c)

Effective Date.—

The amendments made by this section shall take effect as of April 30, 1968.

SEC. 106. TIMELY MAILING OF DEPOSITS.

(a)

Timely Mailing Treated as Timely Deposit.—

Section 7502 (relating to timely mailing treated as timely filing and paying) is amended by adding at the end thereof the following new subsection:

“(e)

Mailing of Deposits.—

“(1)

Date of deposit.—

If any deposit required to be made (pursuant to regulations prescribed by the Secretary or his delegate

68A Stat. 775.

under section 6302 (c)) on or before a prescribed date is, after such date, delivered by the United States mail to the bank or trust company authorized to receive such deposit, such deposit shall be deemed received by such bank or trust company on the date the deposit was mailed.

“(2)

Mailing requirements.—

Paragraph (1) shall apply only if the person required to make the deposit establishes that—

“(A)

the date of mailing falls on or before the second day before the prescribed date for making the deposit (including any extension of time granted for making such deposit), and

“(B)

the deposit was, on or before such second day, mailed in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the bank or trust company authorized to receive such deposit.

In applying subsection (c) for purposes of this subsection, the

“Payment”

term ‘payment’ includes ‘deposit, and the reference to the post-mark date refers to the date of mailing.”

(b)

Effective Date.—

The amendment made by subsection (a) shall apply only as to mailing occurring after the date of the enactment of this Act.

SEC. 107. INDUSTRIAL DEVELOPMENT BONDS.

(a)

Amendment of Section 103.—

Section 103 (relating to interest on certain governmental obligations) is amended by relettering subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection:

“(c)

Industrial Development Bonds.—

“(1)

Subsection (a)(1) not to apply.—

Except as otherwise provided in this subsection, any industrial development bond shall be treated as an obligation not described in subsection (a)(1).

“(2)

Industrial development bond.—

For purposes of this subsection, the term ‘industrial development bond’ means any obligation—

“(A)

which is issued as part of an issue all or a major portion of the proceeds of which are to be used directly or indirectly in any trade or business carried on by any person who is not mi exempt person (within the meaning of paragraph (3)), and

“(B)

the payment of the principal or interest on which (under the terms of such obligation or any underlying arrangement) is, in whole or in major part—

“(i)

secured by any interest in property used or to be used in a trade or business or in payments in respect of such property, or

“(ii)

to be derived from payments in respect of property, or borrowed money, used or to be used in a trade or business.

“(3)

Exempt person.—

For purposes of paragraph (2)(A), the term ‘exempt person’ means—

“(A)

a governmental unit, or

“(B)

an organization described in section 501(c)(3) and

68A stat 163.

26 USC 501.

exempt from tax under section 501(a)(but only with respect to a trade or business carried on by such organization which is not an unrelated trade or business, determined by applying sect ion 513(a) to such organization).

“(4)

Certain exempt activities.—

Paragraph (1) shall not apply 1° any obligation which is issued as part of an issue substantially all of the proceeds of which are to be used to provide—

“(A)

residential real property for family units,

“(B)

sports facilities,

“(C)

convention or trade show facilities,

“(D)

airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing,

“(E)

sewage or solid waste disposal facilities or facilities for the local furnishing of electric energy, gas, or water, or

“(F)

air or water pollution control facilities.

“(5)

Industrial parks.—

Paragraph (1) shall not apply to any obligation issued as part of an issue substantially all of the proceeds of which are to be used for the acquisition or development of land as the site for an industrial park. For purposes of the

“Development of land.”

preceding sentence, the term ‘development of land’ includes the provision of water, sewage, drainage, or similar facilities, or of transportation, power, or communication facilities, which are incidental to use of the site as an industrial park, but, except with respect to such facilities, does not include the provision of structures or buildings.

“(6)

Exemption for certain small issues.—

“(A)

In general.—

Paragraph (1) shall not apply to any obligation issued as part of an issue the aggregate authorized face amount of which is $1,000,000 or less and substantially all of the proceeds of which are to be used (i) for the acquisition, construction, reconstruction, or improvement, of land or property of a character subject to the allowance for depreciation, or (ii) to redeem part or all of a prior issue which was issued for purposes described in clause (i) or this clause.

“(B)

Certain prior issues taken into account.—

If—

“(i)

the proceeds of two or more issues of obligations (whether or not the issuer of each such issue is the same) are or will be used primarily with respect to facilities located in the same incorporated municipality or located in the same county (but not in any incorporated municipality),

“(ii)

the principal user of such facilities is or will be the same person or two or more related persons, and

“(iii)

but for this subparagraph, subparagraph (A) would apply to each such issue,

then, for purposes of subparagraph (A), in determining the aggregate face amount of any later issue there shall be taken into account the face amount, of obligations issued under all prior such issues and outstanding at the time of such later issue (not including as outstanding any obligation which is to be redeemed from the proceeds of the later issue).

“(C)

Related persons.—

For purposes of this paragraph and paragraph (7), a person is a related person to another person if—

“(i)

the relationship between such persons would result

68A Stat. 78.

26 USC 267.

in a disallowance of losses under section 267 or 707(b), or

“(ii)

such persons are members of the same controlled

78 Stat. 120.

group of corporations (as defined in section 1563(a), except that ‘more than 50 percent’ shall be substituted for ‘at least 80 percent’ each place it appears therein).

“(7)

Exception.—

Paragraphs (4), (5), and (6) shall not apply with respect to any obligation for any period during which it is held by a person who is a substantial user of the facilities or a related person.”

(b)

Effective Date.—

(1)

In general.—

Except as provided by paragraph (2), the amendment made by subsection (a) shall apply to taxable years ending after April 30, 1968, but only with respect to obligations issued after such date.

(2)

Transitional provisions.—

Section 103(c)(1) of the Internal Revenue Code of 1954, as amended by subsection (a), shall not. apply with respect to any obligation issued before January 1, 1969, if before May 1, 1968—

(A)

the issuance of the obligation (or the project in connection with which the proceeds of the obligations are to be used) was authorized or approved by the governing body of the governmental unit issuing the obligation or by the voters of such governmental unit;

(B)

in connection with the issuance of such obligation or with the use of the proceeds to be derived from the sale of such obligation or the property to be acquired or improved with such proceeds, a governmental unit has made a significant financial commitment;

(C)

any person (other than a governmental unit) who will use the proceeds to be derived from the sale of such obligation or the property to be acquired or improved with such proceeds has expended (or has entered into a binding contract to expend) for purposes which are related to the use of such proceeds or property, an amount equal to or in excess of 20 percent of such proceeds; or

(D)

in the case of an obligation issued in conjunction with a project where financial assistance will be provided by a governmental agency concerned with economic development, such agency has approved the project or an application for financial assistance is pending.

SEC. 108. ADVERTISING IN A POLITICAL CONVENTION PROGRAM.

(a)

Allowance of Deduction.—

Section 276 (relating to certain indirect contributions to political parties) is amended by redesignating subsection (c) as (d), and by inserting after subsection (b) the following new subsection:

“(c)

Advertising in a Convention Program of a National Political Convention.—

Subsection (a) shall not apply to any amount paid or incurred for advertising in a convention program of a political party distributed in connection with a convention held for the purpose of nominating candidates for the offices of President and Vice President of the United States, if the proceeds from such program are used solely to defray the costs of conducting such convention (or a subsequent convention of such party held for such purpose) and the amount paid or incurred for such advertising is reasonable in light of the business the taxpayer may expect to receive—

“(1)

directly as a result of such advertising, or

“(2)

as a result of the convention being held in an area in which the taxpayer has a principal place of business.”

(b)

Effective Date.—

The amendments made by subsection (a) shall apply with respect to amounts paid or incurred on or after January 1, 1968.

SEC. 109. TAX-EXEMPT STATUS OF CERTAIN HOSPITAL SERVICE ORGANIZATIONS.

(a)

Exemption From Tax.—

Section 501 (relating to exemption

68A Stat. 163.

26 USC 501.

from tax on corporations, etc.) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection:

“(e)

Cooperative Hospital Service Organizations.—

For purposes of this title, an organization shall be treated as an organization organized and operated exclusively for charitable purposes, if—

“(1)

such organzation is organized and operated solely—

“(A)

to perform, on a centralized basis, one or more of the following services which, if performed on its own behalf by a hospital which is an organization described in subsection (c)(3) and exempt from taxation under subsection (a), would constitute activities in exercising or performing the purpose or function constituting the basis for its exemption: data processing, purchasing, warehousing, billing and collection, food, industrial engineering, laboratory, printing, communications, record center, and personnel (including selection, testing, training, and education of personnel) services; and

“(B)

to perform such services solely for two or more hospitals each of which is—

“(i)

an organization described in subsection (c)(3) which is exempt from taxation under subsection (a),

“(ii)

a constituent part of an organization described in subsection (c)(3) which is exempt from taxation under subsection (a) and which, if organized and operated as a separate entity, would constitute an organization described in subsection (c)(3), or

“(iii)

owned and operated by the United States, a State, the District of Columbia, or a possession of the United States, or a political subdivision or an agency or instrumentality of any of the foregoing;

“(2)

such organization is organized and operated on a cooperative basis and allocates or pays, within 8½ months after the close of its taxable year, all net earnings to patrons on the basis of services performed for them; and

“(3)

if such organization has capital stock, all of such stock outstanding is owned by its patrons.

For purposes of this title, any organization which, by reason of the preceding sentence, is an organization described in subsection (c)(3) and exempt from taxation under subsection (a), shall be treated as a

68A Stat. 166.

26 USC 503.

hospital mid as an organization referred to in section 503(b)(5).”

(b)

Effective Date.—

The amendments made by subsection (a) shall apply to taxable years ending after the date of the enactment of this Act.

SEC. 110. SUBMISSION OF PROPOSALS FOR TAX REFORM.

Not later than December 31, 1968, the President shall submit to the Congress proposals for a comprehensive reform of the Internal Revenue Code of 1951.

TITLE II— EXPENDITURE AND RELATED CONTROLS

SEC. 201. LIMITATION ON THE NUMBER OF CIVILIAN OFFICERS AND EMPLOYEES IN THE EXECUTIVE BRANCH.

(a)

Except as otherwise provided in this section.—

(1)

No person shall be appointed as a full-time civilian employee to a permanent position in the executive branch during any month when the number of such employees is greater than the number of such employees on June 30, 1966.

(2)

The number of temporary and part-time employees in any department or agency in the executive branch during any month shall not be greater than the number of such employees during the corresponding month of 1967.

(b)
(1)

During any period when appointments are otherwise prohibited under subsection (a)(1), the head of any department or agency may, except as otherwise provided in this subsection, appoint a number of persons as full-time civilian employees in permanent positions in such department or agency equal to 75 percent of the number of vacancies in such positions which have occurred during such period by reason of resignation, retirement, removal, or death.

(2)

For purposes of paragraph (1), all agencies which, on the first day of any period when appointments are otherwise prohibited under subsection (a)(1), have 50 or fewer full-time civilian employees in permanent positions shall be treated as one agency, and the Director of the Bureau of the Budget (hereinafter in this section referred to as the “Director”) shall determine the vacancies in each such agency which may be filled by reason of paragraph (1).

(3)

For purposes of paragraph (1), the Director may reassign vacancies from one department or agency to another department or agency when such reassignment Is, in the opinion of the Director, necessary or appropriate because of the creation of a new department or agency, because of a change in functions, or for the more efficient operation of the Government.

(4)

If a full-time civilian employee in a permanent position is transferred from one department or agency to another department or agency—

(A)

such transfer shall be taken into account under paragraph (1) as an appointment by the head of the department or agency to which he transfers, and

(B)

subsection (h)(1) shall not apply to an appointment to the vacancy in the department or agency from which he transferred and such vacancy shall not be taken into account under paragraph (1).

(c)

For purposes of subsection (a)(2), the Director may reassign authorized temporary and part-time employment from one department or agency to another department or agency when such reassignment is, in the opinion of the Director, necessary or appropriate because of the creation of a new department or agency, because of a change in functions, or for the more efficient operation of the Government.

(d)

For purposes of this section, there shall not be taken into

Exceptions.

account—

(1)

any position tilled by appointment by the President by and with the advice and consent of the Senate, other than for purposes of determining under subsection (a)(1) the number of full-time civilian employees in permanent positions in the executive branch at any time,

(2)

casual employees or employees serving without compensation, and

(3)

those employees (not exceeding 70,000 during any month) appointed under the President’s program to provide summer employment for economically or educationally disadvantaged persons between the ages of 16 and 22.

(e)

The Director shall maintain a continuous study of all appropriations and contract authorizations in relation to personnel employed and shall reserve from expenditure the savings in salaries and wages resulting from the operation of this section, and any savings in other categories of expense which he determines will result from such operation.

(f)

The departments and agencies in the executive branch shall submit to the Director such information as may be necessary to enable him to carry out his functions under this section.

(g)

The Director shall submit to the Senate and the House of Representatives

Report to Congress.

at the end of each calendar quarter, beginning with the quarter ending September 30, 1968, a, report on the operation of this section.

(h)

Nothing in this section shall supersede or modify the reemployment

Armed Forces.

Reemployment rights.

62 Stat. 614.

50 USC app. 459.

rights of any person under section 6 of the Military Selective Service Act of 1967 or any other provision of law conferring reemployment rights upon persons who have performed active duty in the Armed Forces.

(i)

The Director shall prescribe such regulations as he deems necessary or appropriate to carry out the provisions of this section.

(j)

This section (other than subsection (i)) shall take effect on the

Effective date.

first day of the first month which begins after the date of the enactment of this Act.

SEC. 202. REDUCTION OF $6 BILLION IN EXPENDITURES DURING FISCAL YEAR 1969.

(a)

Expenditures and net lending during the fiscal year ending June 30, 1969, under the Budget, of the United States Government (estimated on page 55 of House Document No. 225, Part 1,90th Congress, as totaling $186,062,000,000), shall not exceed $180,062,000,000, except

Exceptions.

by expenditures and net lending—

(1)

which the President may determine are necessary for special

Vietnam operations.

support of Vietnam operations in excess of the amounts estimated therefor in the Budget,

(2)

for interest in excess of the amounts estimated therefor in

Interest.

the Budget,

(3)

for veterans’ benefits and services in excess of the amounts estimated therefor in the Budget, and

(4)

for payments from trust funds established by the Social Security Act, as amended, in excess of the amounts estimated therefor in the Budget.

(b)

The President shall reserve from expenditure and net lending, from appropriations or other obligational authority heretofore or hereafter made available, such amounts as may be necessary to effectuate the provisions of subsection (a).

SEC. 203. REDUCTION OF 110 BILLION IN NEW OBLIGATIONAL AUTHORITY.

(a)

The total new obligational authority and loan authority for the fiscal year ending June 30, 1969, provided by law heretofore or hereafter enacted (estimated on page 55 of House Document No. 225, Part 1,90th Congress, as $201,723,000,000) shall not exceed $191,723,000,000,

Exceptions.

Vietnam operations.

except for new obligational authority and loan authority—

(1)

which the President may determine are necessary for special support of Vietnam operations in excess of the amounts estimated therefor in the Budget,

(2)

for interest in excess of the amounts estimated therefor in the Budget,

(3)

for veterans’ benefits and services in excess of the amounts estimated therefor in the Budget, and

(4)

for payments from trust funds established by the Social Security Act, as amended, in excess of the amounts estimated therefor in the Budget.

(b)

In the event that the total amount of new obligational authority and loan authority for the fiscal year ending June 30, 1969, exceeds the limitation prescribed by subsection (a), the President shall reserve from such obligational and loan authority such amounts as may be necessary to effectuate the provisions of subsection (a). The amounts so reserved (other than any amounts reserved from trust funds) are

Report to Congress.

hereby rescinded as of the close of June 30, 1969. The President, at the time of the submission of the Budget for the fiscal year ending June 30, 1970, shall make a report to the Congress identifying the amounts reserved pursuant to this paragraph.

SEC. 204. SPECIFIC RECOMMENDATIONS FOR S3 BILLION RESCISSION IN OLD OBLIGATIONAL AUTHORITY.

The President shall cause a special study and analysis to be made of unobligated balances of appropriations and other obligational and loan authority available for obligation or commitment during the fiscal year ending June 30, 1969, which will remain available for obligation

Report to Congress.

or commitment after June 30, 1969, and make a report thereon to the Congress. Such report shall be made at the time or the submission of the Budget for the fiscal year ending June 30, 1970, and shall include specific recommendations for legislation to rescind not less than $800,000,000 of such unobligated balances.

SEC. 205. APPLICATION OF CERTAIN FORMULAS.

In the administration of any program as to which—

(1)

the amount of expenditures or obligations is limited pursuant to section 202 or 203, and

(2)

the allocation, grant, apportionment, or other distribution of funds among recipients is required to be determined by application of a formula involving the amount appropriated or otherwise made available for distribution,

the amount available for expenditure or obligation (as determined by the President) shall be substituted for the amount appropriated or otherwise made available in the application of the formula.

TITLE III— SOCIAL SECURITY ACT AMENDMENTS

SEC. 301. LIMITATION ON NUMBER OF CHILDREN WITH RESPECT TO WHOM FEDERAL PAYMENTS MAY BE MADE UNDER PROGRAM OF AID TO FAMILIES WITH DEPENDENT CHILDREN.

Subsection (d) of section 403 of the Social Security Act is amended

81 Stat. 894.

42 USC 603.

(1) by inserting “(1)” immediately after “(d)”, (2) by inserting “(except the succeeding paragraphs of this subsection)” immediately after “Act”, (3) by striking out “June 30, 1968” and inserting in lieu thereof “June 30, 1969”, and (4) by adding at the end of such subsection the following new paragraphs:

“(2)

In the case of any State which is determined by the Secretary to have effectuated, in compliance with or in reliance upon or in consideration of a judicial decision (as defined in paragraph (3)), a policy of providing aid to families with dependent children under its State plan approved under this part to or on lie ha If of individuals who, except for such policy, would not be eligible for such aid, the average monthly number of dependent children under the age of 18 who have been deprived of parental support or care by reason of the continued absence from the home of a parent with respect to whom payments under this section were made to the State for the calendar quarter beginning January 1, 1968, shall, for purposes of applying the provisions of paragraph (1), be increased by the average monthly number, in the calendar quarter beginning April 1, 1969, of children under the age of 18 who are deprived of parental support or care by reason of the continued absence from the home of a parent and who by reason of such policy began to receive such aid after March 1968 and received such aid during the calendar quarter beginning April 1, 1969.

“(3)

As used in paragraph (2), the term ‘judicial decision’ means

“Judicial decision.”

any decision by a court of the United States of competent jurisdiction in any case or controversy in which there is decided the issue of the validity, under the United States Constitution, of any law, rule, regulation, or policy of a State under which aid to families with dependent children is denied to individuals otherwise eligible therefor because of failure to meet duration of residence requirements or because of the relationship between a male individual and the mother of the child or children with respect to whom such aid is sought.”

SEC. 302. AID TO FAMILIES WITH DEPENDENT CHILDREN IN CASE OF UNEMPLOYED FATHERS RECEIVING UNEMPLOYMENT COMPENSATION.

Section 407 (b)(2)(C) of the Social Security Act is amended to read

81 Stat. 883.

42 USC 607.

as follows:

“(C)

for the denial of aid to families with dependent children to any child or relative specified in subsection (a)—

“(i)

if, and for so long as, such child’s father is not currently registered with the public employment offices in the State, and

“(ii)

with respect to any week for which such child’s father receives unemployment compensation under an unemployment compensation law of a State or of the United States.”

SEC. 303. FEDERAL PAYMENTS UNDER MEDICAL ASSISTANCE PROGRAM FOR CERTAIN SERVICES INCLUDIBLE UNDER SUPPLEMENTARY MEDICAL INSURANCE PROGRAM.

(a)
(1)

Section 1903(b)(2) of the Social Security Act. is amended by striking out “1967” and inserting in lieu thereof “1969”.

(2)

Section 222(d) of the Social Security Amendments of 1967 is amended by striking out “1967” and inserting in lieu thereof “1969”.

(b)

The amendments made by subsection (a) shall be effective with respect, to calendar quarters beginning after December 31, 1967.

Approved June 28, 1968, 4:02 p.m.

Parsed from the official Statutes at Large USLM XML in 82.xml