text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/982

 946

Official s e a l.

Services for dependents at remote l o c a l i t i e s.

Gifts and bequests.

Investment in U.S. securities.

Statistical studies.

PUBLIC LAW 89-670-OCT. 15, 1966

[80

STAT.

stocks of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. Such funds shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates which will approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts from sale or exchange of property and receipts in payment for loss or damage to property owned by the fund. There shall be covered into the United States Treasury as miscellaneous receipts any surplus found in the fund (all assets, liabilities, and prior losses considered) above the amounts transferred or appropriated to establish and maintain said fund. (k) The Secretary shall cause a seal of office to be made for the Department of such device as he shall approve, and judicial notice shall be taken of such seal. (1) I n addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or other officer in the Department, as necessary, and when not otherwise available, the Secretary is authorized to provide for, construct, or maintain the following for employees and their dependents stationed at remote localities: (1) Emergency medical services and supplies; (2) Food and other subsistence supplies; (3) Messing facilities; (4) Motion picture equipment and film for recreation and training; (5) Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons; and (6) Living and working quarters and facilities. The furnishing of medical treatment under paragraph (1) and the furnishing of services and supplies under paragraphs (2) and (3) of this subsection shall be at prices reflecting reasonable value as determined by the Secretary, and the proceeds therefrom shall be credited to the appropriation from which the expenditure was made. (m)(1) The Secretary is authorized to accept, hold, administer, and utilize gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Department. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed upon order of the Secretary. Property accepted pursuant to this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest. (2) For the purpose of Federal income, estate, and gift taxes, property accepted under paragraph (1) shall be considered as a gift or bequest to or for use of the United States. (3) Upon the request of the Secretary, the Secretary of the Treasury may invest and reinvest in securities of the United States or in seculities guaranteed as to principal and interest by the United States any moneys contained in the fund provided for in paragraph (1). Income accruing from such securities, and from any other property held by the Secretary pursuant to paragraph (1) shall be deposited to the credit of the fund, and shall be disbursed upon order of the Secretary. (n)(1) The Secretary is authorized, upon the written request of any person, or any State, territory, possession, or political subdivision

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/983

 80 STAT. ]

PUBLIC LAW 89-670-OCT. 15, 1966

947

thereof, to make special statistical studies relating to foreign and domestic transportation, and special studies relating to other matters falling within the province of the Department, to prepare from its records special statistical compilations, and to furnish transcripts of its studies, tables, and other records upon the payment of the actual cost of such work by the person or body requesting it. (2) All moneys received by the Department in payment of the cost Moneys for speof work under paragraph (1) shall be deposited in a separate account "^^^ services. to be administered under the direction of the Secretary. These moneys may be used, in the discretion of the Secretary, for the ordinary expenses incidental to the work and/or to secure in connection therewith the special services of persons who are neither officers nor employees of the United States. (o) The Secretary is authorized to appoint, without regard to the Appointment of civil service laws, such advisory committees as shall be appropriate for mitte^rsf '^""' the purpose of consultation with and advice to the Department in performance of its functions. Members of such committees, other than those regularly employed by the Federal Government, while attending meetings of such committees or otherwise serving at the request of the Secretary, may be paid compensation at rates not exceeding those authorized for individuals under subsection (b) of this section, and while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for ^"^e, p. 499. persons in the Government service employed intermittently. (p)(1) Notwithstanding any provision of this Act or other law, a ^j;ff,^*„*^fif' member of the Coast Guard on active duty may be appointed, detailed, detail to Department. or assi^ied to any position in the Department other than Secretary, Under Secretary, and Assistant Secretary for Administration. (2) Subject to the provisions of title 5, United States Code, a retired Ante, p. 378, member of the Coast Guard may be appointed to any position in the Department. (q)(1) The Secretary is authorized to enter into contracts with edu- Research concational institutions, public or private agencies or organizations, or tracts. persons for the conduct of scientific or technological research into any aspect of the problems related to the programs of the Department which are authorized by statute. (2) The Secretary shall require a showing that the institutions, agencies, organizations, or persons with which he expects to enter into contracts pursuant to this subsection have the capability of doing effective work. He shall furnish such advice and assistance as he believes will best carry out the mission of the Department, participate in coordinating all research initiated under this subsection, indicate the lines of inquiry which seem to him most important, and encourage and assist in the establishment and maintenance of cooperation by and between the institutions, agencies, organizations, or persons and between them and other research organizations, the Department, and other Federal agencies. (3) The Secretary may from time to time disseminate in the form of reports or publications to public or private agencies or organizations, or individuals such information as he deems pertinent on the research carried out pursuant to this section. (4) Nothing contained in this subsection is intended to amend, modify, or repeal any provisions of law administered by the Department which authorize the making of contracts for research.

�

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


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/984

 948

PUBLIC LAW 89-670-OCT. 15, 1966

[80 STAT.

C O X FOR M I N G AMENDMENTS TO OTHER L A W S

62 Stat. 677; 79 Stat. 669. Ante. p. 378.

Ante, p. 460.

Repeals. 68 Stat. 76.

70A Stat. 36.

SEC. 10. (a) Section 19(d)(1) of title 3, United States Code, as amended, is hereby amended by striking out the period at the end thereof and inserting a comma and the following: "Secretary of Transportation." (b) Section 101 of title 5 of the United States Code is amended by inserting at the end thereof the following: "The Department of Housing and Urban Development. "The Department of Transportation", (c) The amendment made by subsection (b) of this section shall not be construed to make applicable to the Department any provision of law inconsistent with this Act. (d) Subchapter II (relating to executive schedule pay rates) of chapter 53 of title V of the United States Code i's amended as follows: (1) Section 5312 is amended b}^ adding at the end thereof the following: "(11^ Secretary of Housing and Urban Development. "(12) Secretary of Transportation." (2) Section 5313 is amended by striking out "(7) Administrator of the Federal Aviation Agency" and inserting in lieu thereof " (7) Under Secretary of Transportation", and by adding at the end thereof the following: "(19) Administrator, Federal Aviation Administration." (3) Section 5314 is amended by adding at the end thereof the following: "(46) Administrator, Federal Highway Administration. " (47) Administrator, Federal Railroad Administration. " (48) Chairman, National Transportation Safety Board," (4) Section 5315 is amended by adding at the end thereof the following: " (78) Members, National Transportation Safety Board. "(79) General Counsel, Department of Transportation. "(80) Deputy Administrator, Federal Aviation Administration. "(81) Assistant Secretaries of Transpoitation (4). "(82) Director of Public Roads. " (83) Administrator of the St. Lawrence Seaway Development Corporation." (5) Section 5316 is amended by adding at the end thereof the following: "(117) Assistant Secretary for Administration, Department of Transportation." (6) Section 5317 is amended by striking out "thirty" and inserting in lieu thereof "thirty-four". ^^^ Subsectlous 5314(6), 5315(2), and 5316 (10), (12), (13), (14), (76), and (82) of title 5 of the United States Code are repealed, subject to the provisions of section 9 of this Act. ' (f) Title 18, Uultcd States Code, section 1020, as amended, is amended by striking the words "Secretary of Commerce" where they appear therein and inserting in lieu thereof "Secretary of Transportation". (g) Subsection (1) of section 801, title 10, United States Code, as amended, is amended by striking out "the General Counsel of the Department of the Treasury" and inserting in lieu thereof "the General Counsel of the Department of Transportation".

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/985

 80 STAT. ]

PUBLIC LAW 89-670-OCT. 15, 1966 ANNUAL

REPORT

SEC. 11. The Secretary shall, as soon as practicable after the end of each fiscal year, make a report in writing to the President for submission to the Congress on the activities of the Department during the preceding fiscal year. SAVINGS PROVISIONS

SEC. 12. (a) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective— (A) under any provision of law amended by this Act, or (B) in the exercise of duties, powers, or functions which are transferred under this Act, by (i) any department or agency, any functions of which are transferred by this Act, or (ii) any court of competent jurisdiction, and (2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Secretary, Administrators, Board, or General Counsel (in the exercise of any authority respectively vested in them by this Act), by any court of competent jurisdiction, or by operation of law, (b) The provisions of this Act shall not affect any proceedings pending at the time this section takes effect before any department or agency (or component thereof), functions of which are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall be continued before the Department. Such proceedings, to the extent they do not relate to functions so transferred, shall be continued before the department or agency before which they were pending at the time of such transfer. In either case orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Secretary, Administrators, Board, or General Counsel (in the exercise of any authority respectively vested in them by this Act), by a court of competent jurisdiction, or by operation of law. (c)(1) Except as provided in paragraph (2) — (A) the provisions of this Act shall not affect suits commenced prior to the date this section takes effect, and (B) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this Act had not been enacted. No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or such official of the Department as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter an order which will give effect to the provisions of this subsection.

949

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/986

 950

PUBLIC LAW 89-671-OCT. 15, 1966

[80 STAT.

(2) I f before the date on which this Act takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act— (A) such department or agency is transferred to the Secretary, or (B) any function of such department, agency, or officer is transferred to the Secretary, then such suit shall be continued by the Secretary (except in the case of a suit not involving functions transferred to the Secretary, in which case the suit shall be continued by the department, agency, or officer which was a party to the suit prior to the effective date of this Act). (d) With respect to any function, power, or duty transferred by this Act and exercised after the effective date of this Act, reference in any other Federal law to any department or agency, officer or office so transferred or functions of which are so transferred shall be deemed to mean the officer or agency in which this Act vests such function after such transfer. SEPARABILITY

SEC. 13. If any proyision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected thereby. CODIFICATION

SEC. 14. The Secretary is directed to submit to the Congress within two years from the effective date of this Act, a proposed codification of all laws that contain the powers, duties, and functions transferred to or vested in the Secretary or the Department by this Act. EFFECTIVE D A T E; I N I T I A L APPOINTMENT OF OFFICERS Publication in Federal Register.

SEC. 15. (a) This Act shall take effect ninety days after the Secretary first takes office, or on such prior date after enactment of this Act as the President shall prescribe and publish in the Federal Register. (D) Any of the officers provided for in this Act may (notwithstanding subsection (a)) be appointed in the manner provided for in this Act, at any time after the date of enactment of this Act. Such officers shall be compensated from the date they first take office, at the rates provided for in this Act. Such compensation and related expenses of their offices shall be paid from funds available for the functions to be transferred to the Department pursuant to this Act. Approved October 15, 1966, 1:25 p.m. Public Law 89-671

October 15, 1966 [S. 34 23]

Wolf Trap Farm Park, Va. Establishment.

AN ACT To provide for the establishment of the Wolf Trap Farm Park in Fairfax Connty, Virginia, and for other purposes.

Be It enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That for the purpose of establishing in the National Capital area a park for the performing arts and related educational programs, and for recreation use in connection therewith, the Secretary of the Interior is authorized to establish, develop, improve, operate, and maintain the Wolf Trap

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/987

 80 STAT. ]

PUBLIC LAW 89-672-OCT. 15, 1966

951

F a r m P a r k in Fairfax County, Virginia. The park shall encompass the portions of the property formerly knowii as Wolf T r a p Farm and Symphony Hill in Fairfax County, Virginia, to be donated for park purposes to the United States, and such additional lands or interests therein as the Secretary may acquire for purposes of the park by donation or purchase with donated or appropriated funds, the aggregate of which shall not exceed one hundred and forty-five acres. SEC. 2. The Secretary of the Interior shall administer the park in accordance with the provisions of section 1 of this Act and the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4), as amended and supplemented. SEC. 3. There are authorized to be appropriated such sums as may Appropriation. be necessary, but not in excess of $600,000, to carry out the purposes of this Act. Approved October 15, 1966. Public Law 89-672 AN ACT

To authorize the Secretary of the Interior to enter into contracts for scientific and technological research, and for other purposes.

October 15, 1966

[S. 3460]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secre- ^nt^fio'' ceparttary of the Interior is authorized to enter into contracts with educa- ""Re'search contional institutions, public or private agencies or organizations, or tracts, authorizapersons for the conduct of scientific or technological research into any aspect of the problems related to the programs of the Department of the Interior which are authorized by statute. (b) The Secretary shall require a showing that the institutions, agencies, organizations, or persons with which he expects to enter into contracts pursuant to tnis section have the capability of doing effective work. H e shall furnish such advice and assistance as he believes will best carry out the mission of the Department of the Interior, participate in coordinating all research initiated under this section, indicate the lines of inquiry which seem to him most important, and encourage and assist in the establishment and maintenance of cooperation by and between the institutions, agencies, organizations, or persons and between them and other research organizations, the United States Department of the Interior, and other Federal agencies. (c) The Secretary may from time to time disseminate in the form of reports or publications to public or private agencies or organizations, or individuals such information as he deems desirable on the research carried out pursuant to this section. (d) No contract involving more than $25,000 shall be executed under su^^^f^ikT" subsection (a) of this section prior to thirty calendar days from the congress. °" date the same is submitted to the President of the Senate and the Speaker of the House of Representatives and said thirty calendar days shall not include days on which either the Senate or the House of Representatives is not in session because of an adjournment of more than three calendar days to a day certain or an adjournment sine die. SEC. 2. The Secretary shall prescribe such rules and regulations as he deems necessary to carry out the provisions of this Act. SEC. 3. Nothing contained in this Act is intended to amend, modify, or repeal any provisions of law administered by the Secretary of the Interior which authorize the making of contracts for research. Approved October 15, 1966.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/988

 952

PUBLIC LAW 89-673-OCT. 15, 1966

[80

STAT.

Public Law 89-673 October 15, 1966 [S. 2463]

Foreign Gifts and Decorations Act of 1966. Definitions.

Gifts of minimal value.

Decorations.

Gifts or decorations on deposit with State Department.

R u l e s and regulations. Repeals.

AN ACT To grant the consent of the Congress to the acceptance of certain gifts and decorations from foreign governments, and for other purposes.

Be it enacted by the Senate cmd House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Gifts and Decorations Act of 1966". SEC. 2. I n this Act— (1) The term "person" includes every person who occupies an office or a position in the Government oi the United States, its territories and possessions, the Canal Zone government, and the government of the District of Columbia, or is a member of the Armed Forces of the United States, or a member of the family and household of any such person. (2) The term "foreign government" includes every foreign government and every official, agent, or representative thereof. (3) The term "gift" includes any present or thing, other than a decoration, tendered by or received from a foreign government. (4) The term "decoration" includes any order, device, medal, badge, insignia, or emblem tendered by or received from a foreign government. SEC. 3. No person shall request or otherwise encourage the tender of a gift or decoration. SEC. 4. Congress hereby gives its consent to a person to accept and retain a gift of minimal value tendered or received as a souvenir or mark of courtesy. A gift of more than minimal value may also be accepted by a person when it appears that to refuse the gift would be likely to cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States; however, gifts of more than minimal value shall be deemed to have been accepted on behalf of the United States and shall be deposited by the donee for use and disposal as the property of the United States in accordance with the rules and regulations issued pursuant to this Act. SEC. 5. Congress hereby gives its consent to a person to accept, retain, and wear a decoration which has been tendered in recognition of active field service in time of combat operations or which has been awarded for other outstanding or unusually meritorious performance, subject to the approval of the department, agency, office, or other entity in which such person is employed and the concurrence of the Secretary of State. In the absence of such approval and concurrence, the decoration shall be deposited by the donee for use and disposal as the property of the United States in accordance with the rules and regulations issued pursuant to this Act. SEC. 6. Any gift or decoration on deposit with the Department of State on the date of enactment of this Act shall, when approved by the Secretary of State and the appropriate department, agency, office, or other entity, be released to the donee or his legal representative. Such donee may, if authorized, be entitled to wear any decoration so approved. A gift or decoration not approved for release, because of any special or unusual circumstances involved, shall be deemed a gift to the United States and shall be deposited by the donee in accordance with the rules and regulations issued pursuant to this Act. SEC. 7. Rules and regulations to carry out the purposes of this Act may be prescribed by or under the authority of the President. SEC. 8. (1) Sections 2 and 3 of the Act of January 31, 1881 (21 Stat. 604; 5 U.S.C. 114, 115), are repealed.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/989

 80 STAT.]

PUBLIC LAW 89-674-OCT. 15, 1966

953

(2) Section 2 of the Act of June 27, 1934 (48 Stat. 1267; 5 U.S.C. 115a), is repealed. (3) Section 1002 of the Foreign SeiTice Act of 1946, as amended (60 Stat. 1030; 22 U.S.C. 804), is further amended by deleting the first sentence and by striking out "however," in the second sentence. Approved October 15, 1966. Public Law 89-674 AN ACT

October 15, 1966

Relating to the National Museum of the Smithsonian Institution.

f - i3io] ^

Whereas the museums of the Nation constitute cultural and educational institutions of great importance to the Nation's progress; and Whereas national recognition is necessary to insure that museum resources for preserving and interpreting the Nation's heritage may be more fully utilized in the enrichment of public life in the individual community: Now, therefore, Be it enacted by the Senate and House of Reiwesentatlves of the National United States of America in Congress assembled, That this Act may be seum Act ofMu1966. cited as the "National Museum Act of 1966". ""nutieVof direc SEC. 2. (a) The Director of the National Museum under the direction t""-of the Secretary of the Smithsonian Institution shall— (1) cooperate with museums and their professional organizations in a continuing study of museum problems and opportunities, both in the United States and abroad; (2) prepare and carry out programs for training career employees in museum practices in cooperation with museums and their professional organizations, wheresoever these may best be conducted; (3) prepare and distribute significant museum publications; (4) perform research on, and otherwise contribute to, the development of museum techniques; (5) cooperate with departments and agencies of the Government of the United States operating, assisting, or otherwise concerned with museums; and (6) report annually to the Congress on progress in these activi- congre°ss.*° ties. (b) There is authorized to be appropriated to carry out this Act, not Appropriation to exceed,,$200,000 for the fiscal year ending June 30, 1968, $250,000 for the fiscal year ending June 30, 1969, $250,000 for the fiscal year ending June 30, 1970, and $300,000 for the fiscal year ending June 30, 1971, and in each subsequent fiscal year, only such sums may be appropriated as the Congress may hereafter authorize by law. SEC. 3. The first paragraph under the heading "National Museum" contained in the Act of July 7, 1884 (23 Stat. 214; 20 U.S.C. 65), is amended by deleting the following sentence: "And the Director of the National Museum is hereby directed to report annually to the Congress the progress of the museum during the year and its present condition," Approved October 15, 1966.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/990

 954

PUBLIC LAW 89-675-OCT. 15, 1966

[80 STAT.

Public Law 89-675 October 15, 1966 l^^-3^^^]

Clean Air Act Amendments of

"gee""""'"''' "'

^^ ACT To amend the Clean Air Act so a s to authorize g r a n t s to air pollution control agencies for maintenance of a i r pollution control programs in addition to present authority for g r a n t s to develop, establish, or improve such program s; make the use of appropriations under the Act more flexible by consolidating the appropriation authorizations under the Act and deleting the provision limiting the total of g r a n t s for support of air pollution control programs to 20 per centum of the total appropriation for any year; extend the duration of the programs authorized by the Act; and for other purposes.

Be it enacted by the Senate and House of Representatives of the ^^'^'^^^^ States of America in Congress assembled, That this Act may be cited as the "Clean Air Act Amendments of 1966". CONSOLIDATION OF APPROPRIATION CEILINGS

yJl^aTggi!''

^^^- ^- (^) Section 306 of the Clean Air Act is amended to read

42 USC 18 57^

a s f oUoWS I

^9%^a' 99

"SEC. 306. There are hereby authorized to be appropriated to carry out this Act, $46,000,000 for the fiscal year ending June 30, 1967, $66,000,000 for the fiscal year ending June 30, 1968, and $74,000,000 for the fiscal year ending June 30, 1969." ^^^ Section 209 of such Act is hereby repealed.

42 USC 1857f-8.

7Jltll%T''

42 USC 1857h.

AUTHORIZATION OF MAINTENANCE GRANTS FOR AIR POLLUTION CONTROL PROGRAMS AND REMOVAL OF 20 PER CENTUM CEILING

SEC. 3. (a)(1) Subsection (a) of section 104 of the Clean Air Act (42 U.S.C. 1857c(a)) is amended to read as follows: "SEC. 104. (a) The Secretary is authorized to make grants to air pollution control agencies in an amount up to two-thirds of the cost of developing, establishing, or improving, and grants to such agencies in an amount up to one-half of the cost of maintaining, programs for the prevention and control of air pollution: Provided, That the Secretary is authorized to make grants to intermunicipal or interstate air pollution control agencies (described in section 302(b)(2) and (4)) in an amount up to three-fourths of the cost of developing, establishing, or improving, and up to three-fifths of the cost of maintaining, regional air pollution control programs. As used in this subsection, the term 'regional air pollution control program' means a program for the prevention and control of air pollution in an area that includes the areas of two or more municipalities, whether in the same or different States." (2) Subsection (b) of such section 104 is amended by striking out "under" in the first sentence and inserting in lieu thereof "for the purposes of", and in the next to the last sentence by inserting a comma after the word "funds" and adding "for other than non-recurrent expenditures," and in the same sentence after the word "pollution", the word "control". Such next to the last sentence is further amended by inserting immediately before the period at the end thereof the following: "; and no agency shall receive any grant under this section with respect to the maintenance of a program for the prevention and control of air pollution unless the Secretary is satisfied that such grant will be so used as to supplement and, to the extent practicable, increase the level of State, local, and other non-Federal funds that would in the absence of such grant be made available for the maintenance of such program, and will in no event supplant such State, local, and other non-Federal funds". (b) Subsection (c) of such section 104 is amended to read as follows: "(c) Not more than I21/2 per centum of the total of funds appropri-

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/991

 80,STAT.]

P U B L I C LAW 8 9 - 6 7 7 - O C T. 15, 1966

955

ated or allocated for the purposes of subsection (a) of this section shall be granted for air pollution control programs in any one State. I n the case of a grant for a program in an area crossing State boundaries, the Secretary shall determine the portion of such grant that is chargeable to the percentage limitation under this subsection for each State into which such area extends." Approved October 1.5, 1966. Public Law 89-676 AN ACT

October 15, 1966

To provide for the striking of a medal in commemoration of the designation of Ellis Island as a part of the Statue of Liberty National Monument in New York City, New York.

[S. 3704]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in commemo- j^ y"^^ island, ration of the designation by the President of the United States of commemorative Ellis Island as a part of the Statue of Liberty National Monument medai. in New York City, New York, the Secretary of the Treasury is authorized and directed to strike and furnish to the New York City National Shrines Advisory Board a fourth medallion in the liberty series of no more than two hundred and fifty-five thousand medals with suitable emblems, devices, and inscriptions to be determined by the New York City National Shrines Advisory Board and subject to the approval of the Secretary of the Treasury. The medals shall be made and delivered at such times as may be required by the advisory board in quantities of not less than two thousand. The medals shall be considered to be national medals within the meaning of section 3551 of the Revised Statutes. 3i use 368. SEC. 2. The Secretary of the Treasury shall cause such medals to be struck and furnished at not less than the estimated cost of manufacture, including labor, materials, dies, use of machinery, and overhead expenses; and security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for full payment of such cost. SEC. 3. The medals authorized to be issued pursuant to this bill shall be of such size or sizes and of such metals as shall be determined by the Secretary of the Treasury in consultation with such advisory board. SEC. 4. After December 31, 1968, no further medals shall be struck under the authority of this Act. Approved October 15, 1966. Public Law 89-677 AN ACT

October 15, 1966

To improve the balance-of-payments position of the United States by permitting the use of reserved foreign currencies in lieu of dollars for current expenditures.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That any foreign 1

TT 1

ji

T-r

'

1

c^

1

-

1

1

1

T

[s. 801]

Reserved foreign currencies.

currencies held by the United States which have been or may be use by Federal reserved or set aside for specified programs or activities of any agency agencies. of the Government may be used by Federal agencies for any authorized purpose, except (1) that reimbursement shall be made to the Treasury from applicable appropriations of the agency concerned, and (2) that any foreign currencies so used shall be replaced when needed for the purpose for which originally reserved or set aside. Approved October 15, 1966.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/992

 956

PUBLIC LAW 89-678-OCT. 15, 1966

[80

STAT.

Public Law 89-678 October 15, 1966 [S.3809]

GSA. Additional c o p i e s of certain publications.

AN ACT To rtuthorize the Public Printer to print for and deliver to the General Services Administration an additional copy of certain publications.

Be it enacted by the Senate and House of Repreaentatlve.'i of the United States of America in Congress a^embled. That the Printing Act of January 12, 1895 (28 Stat. 601), as amended by the Act of June 17, 1935 (ch. 267, 49 Stat. 386; 44 TT.S.C. 215a), is hereby amended by striking that portion of the first sentence preceding the colon and by inserting the following in lieu thereof: "There shall be printed and delivered by the Public Printer to the General Services Administration for official use, including use by the Presidential Library established for the President during whose term or terms the documents were issued, three copies each of the following publications which shall be chargeable to the Congress:". The Act is further amended by striking the word "two" where it appears in the last phrase of that portion of the first sentence following the colon and inserting in lieu thereof the word "three". Approved October 15, 1966.

Public Law 89-679 October 15, 1966 [ S. J. R e s. 153]

Federal land bank system. 50th anniversary m e d a l s.

31 USC 368.

JOINT RESOLUTION To provide for the striking of medals in commemoration of the fiftieth anniversary of the Federal land bank system in the United States.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in commemoration of the fiftieth anniversary of the establishment of the Federal land bank system (which anniversary will be celebrated in 1967), the Secretary of the Treasury is authorized and directed to strike and furnish to the Federal land bank system not more than two thousand commemorative medals with suitable emblems, devices, and inscriptions to be determined by the Federal land bank system subject to the approval of the Secretary of the Treasury. The medals shall be made and delivered at such times as may be required by the Federal land bank system in quantities of not less than two thousand, but no medal shall be made after December 31, 1967. The medals shall be considered to be national medals within the meaning of section 3551 of the Revised Statutes. SEC. 2. The Secretary of the Treasury shall cause such medals to be struck and furnished at not less than the estimated cost of manufacture, including labor, materials, dies, use of machinery, and overhead expenses; and security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for the full payment of such costs. SEC. 3. The medals authorized to be issued pursuant to this Act shall be of such size or sizes and of such metals as shall be determined by the Secretary of the Treasury in consultation with the Federal land bank system. Approved October 15, 1966.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/993

 80 STAT.]

PUBLIC LAW 8 9 - 6 8 0 - O C T. 15, 1966

957

Public Law 89-680 AN ACT

October 15, 1966

To amend sections 404 and 406 of title 37, United States Code, relating to travel and transportation allowances of certain members of the uniformed services who are retired, discharged, or released from active duty.

[H. R. 266]

Be it enacted by the Senate and House of Representatives of the Uniformed servUnited States of America in Congress assembled, That chapter 7 of title i c e s. 37, United States Code, is amended as follows: Travel and (1) The first sentence of section 404(c) is amended by striking out l'"n"tf°''*^"°" 1

1

(•

1

T

• !

-I •

•

i

i

?

n

'

'

allowances.

the words after the second semicolon and inserting the following in 76 Stat. 472 place thereof: "may, not later than one year from the date he is so ^^ ^^^ ^^'^^ retired, placed on that list, discharged, or released, except as prescribed in regulations by the Secretaries concerned, select his home for the purposes of the travel and transportation allowances authorized by subsection (a) of this section." 37 USC 406. (2) Section 406(d) is amended by striking out the third sentence and inserting the following in place thereof: "The nontemporary storage of baggage and household effects may not be authorized for a period longer than one year from the date the member concerned is separated from the service, retired, placed on the temporary disability retired list, discharged, or released from active duty, except as prescribed in regulations by the Secretaries concerned for a member who, on that date, or at any time during the one-year period following that date, is confined in a hospital, or is in its vicinity, undergoing medical treatment; or in the case of a member who— " (1) is retired, or is placed on the temporary disability retired list, under chapter 61 of title 10; or iru?c\'2oV. "(2) is retired with pay under any other law, or, immediately 1221. following at least eight years of continuous active duty with no single break therein of more than ninety days, is discharged with severance pay or is involuntarily released from active duty with readjustment pay. Except in the case of a member who, on the date of his separation, discharge, or release, or at any time during the one-year period following that date, is confined in a hospital, or is in its vicinity, undergoing medical treatment, the cost of the storage, for the period that exceeds one year, shall be paid by the member." (3) The first sentence of section 406(g) is amended by striking out ^'^ "sc 406. the words after the second semicolon and inserting the following in place thereof: "is, not later than one year from the date he is so retired, placed on that list, discharged, or released, except as prescribed in regulations by the Secretaries concerned, entitled to transportation for his dependents, baggage, and household effects to the home selected under section 404(c) of this title." Approved October 15, 1966.

65-300 0-67—63

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/994

 958

PUBLIC LAW 89-681-OCT. 15, 1966

[80 STAT.

Public Law 89-681 October 15, 1966 [H. R. 1665]

U.S. Court of Claims.

Commissioners a s reviewing body.

F i n d i n g s submitted to Cong r e s s and review p a n e l.

Report to Congress.

AN ACT To amend title 28, entitled "Judiciary and Judicial Procedure", of the United States Code to provide for the reporting of congressional reference cases by commissioners of the United States Court of Claims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1492 of title 28, United States Code, is amended to read as follows: "Any bill, except a bill for a pension, may be referred by either House of Congress to the chief commissioner of the Court of Claims for a report in conformity with section 2509 of this title." SEC. 2. Section 2509 of title 28, United States Code, is amended to read as follows: "§ 2509. Congressional reference cases " (a) Whenever a bill, except a bill for a pension, is referred by either House of Congress to the chief commissioner of the Court of Claims pursuant to section 1492 of this title, the chief commissioner shall designate a trial commissioner for the case and a panel of three commissioners of the court to serve as a reviewing body. One member of the review panel shall be designated as presiding commissioner of the panel. "(b) Proceedings in a congressional reference case shall be under rules and regulations prescribed for the purpose by the chief commissioner who is hereby authorized and directed to require the application of the pertinent rules of practice of the Court of Claims insofar as feasible. Each trial commissioner and each review panel shall have authority to do and perform any acts which may be necessary or proper for the efficient performance of their duties, including the power of subpena and the power to administer oaths and affirmations. None of the rules, rulings, findings, or conclusions authorized by this section shall be subject to judicial review. "(c) The trial commissioner to whom a congressional reference case is assigned by the chief commissioner shall proceed in accordance with the applicable rules to determine the facts, including facts relating to delay or laches, facts bearing upon the question whether the bar of any statute of limitation should be removed, or facts claimed to excuse the claimant for not having resorted to any established legal remedy. He shall append to his findings of fact conclusions sufficient to inform Congress whether the demand is a legal or equitable claim or a gratuity, and the amount, if any, legally or equitably due from the United States to the claimant. " (d) The findings and conclusions of the trial commissioner shall be submitted by him, together with the record in the case, to the review panel of commissioners for review by it pursuant to such rules as may be provided for the purpose, which shall include provision for submitting the report of the trial commissioner to the parties for consideration, exception, and argument before the panel. The panel, by majority vote, shall adopt or modify the findings or the conclusions of the trial commissioner. "(e) The panel shall submit its report to the chief commissioner for transmission to the appropriate House of Congress. " (f) Any act or failure to act or other conduct by a party, a witness, or an attorney which would call for the imposition of sanctions under the rules of practice of the Court of Claims shall be noted by the panel or the trial commissioner at the time of occurrence thereof and upon failure of the delinquent or offending party, witness, ^or
 * § 1492. Congressional reference cases

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/995

 80

STAT. ]

959

PUBLIC LAW 89-682-OCT. 15, 1966

attorney to make prompt compliance with the order of the panel or the trial commissioner a full statement of the circumstances shall be incorporated in the report of the panel. " (g) The Court of Claims is hereby authorized and directed, under such regulations as it may prescribe, to provide the facilities and services of the office of the clerk of the court for the filing, processing, hearing, and dispatch of congressional reference cases and to include within its annual appropriations the costs thereof and other costs of administration, including (but without limitation to the items herein listed) the salaries and traveling expenses of the commissioners serving as trial commissioners and panel members, mailing and service of process, necessary physical facilities, equipment, and supplies, and personnel (including secretaries and law clerks)." SEC. 3. Section 792(a) of title 28, United States Code, is amended by adding at the end thereof the following new sentence: "The Court shall designate one of the commissioners to serve at the will of the court as chief commissioner." Approved October 15, 1966.

Provision of f a c i l i t i e s and services.

Commissioners. 67 Stat. 226.

Public Law 89-682 AN ACT

October 15, 1966

To require premarital examinations in the District of Columbia, and for other purposes.

[H. R. 3314]

Be it enacted by the Senate and House of Reprei^entatives of the United States of America in Congress assembled, That all applications ^.c. ^ ^^^ for marriage licenses shall be open to inspection as public records. All aminaTfons^, re-" such applications upon which licenses have not yet been issued shall be quirement. kept together in a separate file readily accessible to public examination. SEC. 2. No application for a marriage license shall be received unless there shall be filed therewith a statement or statements, upon a form prescribed by the Board of Commissioners of the District of Columbia, signed by (1) a person in the District of Columbia certified by the Department of Public Health as duly qualified to administer and interpret a standard laboratory blood test, (2) a physician licensed to practice medicine or osteopathy in the District of Columbia, a State, or a territory or possession of the United States, or (3) a commissioned medical officer in the military service or in Public Health Service of the United States, that the applicant has submitted to a standard laboratory blood test within thirty days prior to the filing of such application, and that, in the opinion of such certified person, physician, or medical officer, based upon the result of that test, the applicant is not infected with syphilis in a stage of that disease in which it can be transmitted to another person. Such statement shall not disclose the technical data upon which it is based. Any such statement shall include the name of the person or laboratory administering the test, the name of the test administered, the exact name of the applicant, and the date of the test. SEC. 3. If a judge of the United States District Court for the District Waiver. of Columbia determines that public policy or the physical condition of either of the persons applying for a marriage license requires the intended marriage to be celebrated without delay, he may waive the provisions of section 2 of this Act and section 2 of the Act of August 12, 1937 (D.C. Code, sec. 30-109), and a license may be issued without 50 Stat. 626. regard to such sections. Fin ncial SEC. 4. I n any case in which a person is unable for financial reasons bility aprovi- d i s a to obtain the services of— sion. (1) a private physician, or

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/996

 960

Confidential information.

Penalty.

Effective date.

PUBLIC LAW 89-683-OCT. 15, 1966

[80

STAT.

(2) any other person in the District of Columbia, certified by the Department of Public Health as duly qualified to administer and interpret a standard laboratory blood test, to conduct such test or sign the statement required by section 2 of this Act, any medical officer of the Department of Public Health of the District of Columbia is authorized to conduct such test and provide such statement at no cost to such person. SEC. 5. Any information obtained from any laboratory blood test required under section 2 of this Act shall be regarded as confidential by each person, agency, or committee who obtains, transmits, or receives such information. SEC. 6. Whoever— (1) knowingly divulges, other than in accordance with the provisions of this Act, any information, derived from the laboratory blood test required by section 2 of this Act, relating to any person suffering, or suspected to be suffering from, syphilis, (2) knowingly misrepresents any fact called for by the statement required by such section, or knowingly falsifies any material fact in connection with the laboratory blood test required by such section, (3) knowingly issues a marriage license without having received the statement required under such section or an order of the United States District Court for the District of Columbia issued under section 3 of this Act, or (4) otherwise fails to comply with any other provision of this Act, shall be imprisoned for not more than six months, or fined not more than $250, or both. Prosecutions for violations of this section shall be conducted by the Corporation Counsel for the District of Columbia. SEC. 7. This Act shall take effect upon the expiration of ninety days after the date of its enactment. Approved October 15, 1966.

Public Law 89-683 October 15, 1966 [H. R. 17119]

Armed Forces. Assignment of members to Commerce Department. 70A Stat. 32. 10 USC 711-718.

AN ACT To amend title 10, United States Code, to permit members of the armed forcein to be assigned or detailed to the Environmental Science Services Administration, Department of Commerce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 41 of title 10, United States Code, is amended— (1) by adding the following new section: "§ 719. Department of Commerce: assignment or detail to Environmental Science Services Administration "Upon the request of the Secretary of Commerce, the Secretary of a military department may assign or detail members of the armed forces under his jurisdiction for duty in the Environmental Science Services Administration, Department of Commerce, with reimbursement from the Department of Commerce. Notwithstanding any other provision of law, a member so assigned or detailed may exercise the functions, and assume the title, of any position in that Administration without aft'ecting his status as a member of an armed force, but he is not entitled to the compensation fixed for that position."; and (2) by adding the following new item at the end of the analysis: "719. Department of Commerce: assignment or detail to Environmental Science Services Administration."

Approved October 15, 1966.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/997

 80 STAT. ]

PUBLIC LAW 89-684-OCT. 15, 1966

961

Public Law 89-684 AN ACT

October 15, 1966

To amend the District of Columbia minimum wage law to provide broader coverage, improved standards of minimum wage and overtime compensation protection, and improved means of enforcement.

[H. R. 8126]

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

of the

AMENDMENT TO DISTRICT OF COLUMBIA MINIMUM WAGE LAW

1. Title I of the Act of September 19, 1918 (D.C. Code, secs. 36-401—36-422), is amended to read as follows: SECTION

" TITLE I—MINIMUM W A G E S "FINDING

AND

DECLARATION

OF

POLICY

1. (a) The Congress hereby finds that there are persons employed in some occupations in the District of Columbia at wages insufficient to provide adequate maintenance and to protect health. Such employment impairs the health, efficiency, and well-being of the persons so employed, constitutes unfair competition against other employers and their employees, threatens the stability of industry, reduces the purchasing power of employees, and requires, in many instances, that their wages be supplemented by the payment of public moneys for relief or other public and private assistance. Employment of persons at these insufficient rates of pay threatens the health and well-being of the people of the District of Columbia and injures the overall economy. "(b) I t is hereby declared to be the policy of this Act to correct and as rapidly as practicable to eliminate the conditions referred to above. "SECTION

"DEFINITIONS

"SEC. 2. As used in this Act— "(1) The term 'Commissioners' means the Board of Commissioners of the District of Columbia or their designated agent or representative. "(2) The term 'wage' means compensation due to an employee by reason of his employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, including such allowances as may be permitted by any order or regulation issued under section 3, 6, 7, or 8. "(3) The term 'employ' includes to suffer or permit to work. "(4) The term 'employer' includes any individual, partnership, association, corporation, business trust, or any person or group of persons, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States or the District of Columbia. "(5) The term 'employee' includes any individual employed by an employer, except that such term shall not include—" (A) any individual who, without payment.and without expectation of any gain, directly or indirectly, volunteers to engage in the activities of an educational, charitable, religious, or nonprofit organization; " (B) any lay member elected or appointed to office within the discipline of any religious organization and engaged in religious functions; or " (C) any individual employed in domestic service or otherwise employed, in or about the residence of the employer.

lumbiaMinimum' Wage Amendments ^"^^ °^ ^^^''• 40 Stat. 960; 55 Stat. 738.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/998

 962

PUBLIC LAW 89.684-OCT. 15, 1966

[80 STAT.

"(6) The term 'occupation' means any occupation, service, trade, business, industry, or branch or group of occupations or industries, or employment or class of employment, in which employees are gainfully employed. " (7) The term 'gratuities' means voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered. "MINIMUM WAGE AND OVERTIME COMPENSATION

"SEC. 3. (a)(1) Except as otherwise provided in paragraph (2), every employer shall pay to each of his employees (A) the wage established for each such employee in a wage order issued under this Act, or (B) wages at the following rates: "(i) not less than $1.25 an hour during the year beginning February 1, 1967, "(ii) not less than $1.40 an hour during the year beginning February 1, 1968, and "(iii) not less than $1.60 an hour thereafter, whichever is higher. " (2) Every employer shall pay to each of his employees whose wage rates are governed by Minimum Wage Order Numbered 10 (effective August 15, 1964), as revised under subsection (c)(2) of this section, wages at the following rates: " (A) not less than $1.25 an hour during the year beginning August 1, 1967, " (B) not less than $1.40 an hour during the year beginning August 1, 1968, and " (C) not less than $1.60 an hour thereafter. " (b)(1) Except as otherwise provided in paragraph (2), no employer shall employ any of his employees— " (A) for a workweek longer than forty-two hours during the six month period beginning six months after the date of enactment of this subsection, or " (B) for a workweek longer than forty hours thereafter, unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and onehalf times the regular rate at which he is employed. "(2) I n the case of an employer whose employees' wage rates are governed by Minimum Wage Order Numbered 10 (effective August 15, 1964), as revised under subsection (c)(2) of this section, during the period beginning on the date of enactment of this paragraph and ending August 14, 1968, such employer shall compensate each svich employee for employment in excess of forty hours in any workweek at the rate specified in such Wage Order. Beginning August 15, 1968, such employer shall compensate such employees for employment in excess of forty hours in any workweek at the rate established by the Commissioners after public hearinjr, which rate may be established without regard to the rate specified in paragraph (1). "(3) No employer shall be deemed to have violated subsection (b)(1) by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (A) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 3(a)(1), and (B) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commis-

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/999

 80 STAT. ]

PUBLIC LAW 89-684-OCT. 15, 1966

sions on goods or services without regard to whether the computed commissions exceed the draw or guarantee. " (c)(1) Each minimum wage order issued prior to February 1, 1967, shall remain in full force and effect. Except as provided in paragraph (2), the Commissioners shall by order revise each such Avage order as follows: " (A) Effective February 1, 1967, each such wage order shall be revised to make it applicable to men as well as women employees. " (B) Effective February 1, 1967, each such wage order which provides for the payment of minimum wages below those prescribed in subsection (a)(1) of this section shall be revised to provide for the payment of minimum wages in accordance with such subsection. " (C) Effective six months from the date of enactment of the District of Columbia Minimum Wage Amendments Act of 1966, each such wage order which does not provide for the payment of overtime compensation, or which does not require the payment to an employee of at least one and one-half his regular rate for his employment in excess of forty-two hours in a workweek, shall be revised to provide for the payment of overtime compensation in accordance with subsection (b)(1) of this section. " (2) The Commissioners shall modify Minimum Wage Order Numbered 10 (effective August 15, 1964), effective February 1, 1967, to apply to men as well as women employees. The Commissioners shall further modify such Wage Order to provide for the payment of minimum wages and overtime compensation in accordance with paragraph (2) of subsection (a) of this section and paragraph (2) of subsection (b) of this section. " (d)(1) For those occupations with respect to which, on the date of enactment of the District of Columbia Minimum Wage Amendments Act of 1966, there is no existing minimum wage order, the Commissioners shall issue an order, effective February 1, 1967, providing for the payment of minimum wages as prescribed by subsection (a)(1) of this section and for the payment of overtime compensation as prescribed in subsection (b)(1) of this section. " (2) For those occupations with respect to which on the date of the enactment of the District of Columbia Minimum Wage Amendments Act of 1966 there is no existing minimum wage order, the Commissioners shall, with or without reference to an ad hoc advisory committee, make one or more wage orders which may include unrelated occupations. Such a wage order shall include (A) the minimum wage and overtime provisions prescribed in subsections (a)(1) and (b)(1) of this section, and (B) such definitions and regulations as the Commissioners may prescribe, in accordance with section 8, to prevent the circumvention or evasion of such order and to safeguard the minimum wage rates and overtime provisions established in this Act. The Commissioners shall publish a notice once a week, for four successive weeks, in a newspaper of general circulation printed in the District of Columbia, stating that they will, on a date and at a place named in the notice, hold a public hearing on such order at which all interested persons wall be given a reasonable opportunity to be heard. Such notice shall contain a summary of the major provisions of such order. Within thirty days after such hearing, the Commissioners may issue such wage order as may be proper or necessary to effectuate the purposes of this Act. Notice of such order shall be published in a newspaper of general circulation printed in the District of Columbia and such order shall take effect upon the expiration of sixty days after the date on w4iich such order was issued by the Commissioners, but not before February 1, 1967. ^

963

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1000

 964

PUBLIC LAW 89-684-OCT. 15, 1966

[80 STAT.

"(e) The minimum wage orders issued by the Commissioners prior to February 1, 1967, shall be modified by the Commissioners on or after such date in order to include such regulations as the Commissioners may prescribe in accordance with section 8. Such regulations shall take effect upon the expiration of thirty days after the date on which they were made by the Commissioners, but not before February 1, 1967. "EXEMPTIONS

52 Stat. 1060.

"SEC. 4. (a) The minimum wage and overtime provisions of section 3 shall not apply with respect to— "(1) any employee employed in a bona fide executive, administrative, or professional capacity, or in the capacity of outside salesman (as such terms are defined by the Secretary of I^abor under the Fair Labor Standards Act of 1938); or " (2) any employee engaged in the delivery of newspapers to the home of the consumer. "(b) The overtime provisions of section 3(b)(1) shall not apply with respect to— "(1) any employee employed as a seaman; "(2) any employee employed by a railroad; "(3) any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trailers, or trucks if employed by a nonmanufactunng establishment primarily engaged in the business of selling such vehicles to ultimate purchasers; " (4) any employee employed primarily to wash automobiles by an employer, more than 50 percent of whose annual dollar volume of sales IS derived from washing automobiles, if for such employee's employment in excess of one hundred and sixty hours in a period of four consecutive workweeks, such employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed; or "(5) any employee employed as an attendant at a parking lot or parking garage. "POWERS AND DUTIES OF THE COMMISSIONERS

"SEC. 5. The Commissioners or their authorized representative shall have authority— " (1) to investigate and ascertain the wages of persons employed in any occupation in the District of Columbia; "(2) to enter and inspect the place of business or employment of any employer in the District of Columbia for the purpose of (A) examining and inspecting any or all books, registers, payrolls, and other records of any such employer that in any way relate to or have a bearing upon the wages, hours, and other conditions of employment of any employees, (B) copying any or all of such books, registers, payrolls, and other records as the Commissioners or their authorized representative may deem necessary or appropriate, and (C) questioning such employee for the purpose of ascertaining whether the provisions of this Act and the orders and r e f l a t i o n s issued thereunder have been and are being complied with; and "(3) to require from any such employer full and correct statements in writing, including sworn statements, with respect to wages, hours, names, addresses, and such other information pertaining to the employment of his employees as the Commissioners or their authorized representative may deem necessary or appropriate to carry out the purposes of this Act.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1001

 80 STAT. ]

PUBLIC LAW 89-684-0CT. 15, 1966

965

REVISION OF WAGE ORDERS

"SEC. 6. (a) At any time after a wage order has been in effect for one year the Commissioners may on their own motion reconsider the wage rates set in such wage order. If, after investigation, the Commissioners are of the opinion that any substantial number of workers in the occupation covered by such wage order are receiving wages insufficient to provide adequate maintenance and to protect health they may convene an ad hoc advisory committee for the purpose of considering and inquiring into and reporting to the Commissioners on the subject investigated by the Commissioners and submitted by them to such committee. " (b) The committee shall be composed of not more than three persons representing the employers in such occupation, of an equal number representing the employees in such occupation, of not more than three persons representing the public, and one or more representatives of the agency designated by the Commissioners to administer this Act. Such agency shall name and appoint all the members of the committee and designate its chainnan. Two-thirds of the members of the committee shall constitute a quorum, and any decision, recommendation, or report of the committee on the subject submitted to it shall require an affinnative vote of not less than a majority of all its members. "(c) The Commissioners shall present to the committee such information as they might have relating to the subject they submitted to the committee, and may cause to be brought before the committee any witnesses whose testimony the Commissioners consider material. " (d) Within sixty days after the convening of the committee by the Commissioners, the committee shall make and transmit to the (Commissioners a report containing its findings and recommendations on the subject submitted to it by the Commissioners. "(e) The committee report shall include a recommendation for minimum wages for the employees in the occupation under consideration, but the minimum wage rates recommended shall not be less than those prescribed in subsection (a)(1) of section 3. In making such recommendation the committee shall take into consideration (1) the amount of wages sufficient to provide adequate maintenance and to protect health, (2) the fair and reasonable value of the work performed, and (3) the wages paid in the District of Columbia by fair employers for work of like or comparable character. The committee report shall also include recommendations for reasonable allowances for board, lodging, or other facilities or services, customarily furnished by the employer to the employees, or reasonable allowances for gratuities customarily received by employees in any occupation in which gratuities have customarily and usually constituted and have been recognized as a part of the remuneration for hiring purposes. The committee report may also recommend suitable minimum wages for learners and apprentices in the occupation under consideration, where it appears proper or necessary, and may recommend the maximum length of time any such employee may be kept at such wages as a learner or apprentice. The minimum wages recommended for learners and apprentices may be less than the mniimum wages recommended for other employees in such occupation. The committee may make a separate inquiry into and report on any branch of any occupation and may recommend different minimum wages for such branch of employment in the same occupation. "(f) If such committee fails to submit a report to the Commissioners within the period specified in subsection (d), the Commissioners may (1) discharge such committee from further consideration of the subject

Advisory committee.

Membership of committee.

Committee report.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1002

 966

PUBLIC LAW 89-684-OCT. 15, 1966

[80 STAT.

submitted to it and convene a new committee for the purpose of considering such subject, or (2) consider the subject without the recommendations of an ad hoc advisory committee and prepare and publish a revised wage order for the occupation in accordance with the procedure specified in section 7. "ISSUANCE OF REVISED WAGE ORDERS

"SEC. 7. (a) Upon receipt of the report from the ad hoc advisory committee, or upon the discharge of such committee, in.accordance with section 6(f), the Commissioners may prepare a proposed revised wage order for the occupation, giving due consideration to any recommendations contained in the report of such committee. I n such order the Commissioners shall provide, among other things, such allowances as xtre recommended in the report. The Commissioners shall publish a notice once a week, for four successive weeks, in a newspaper of general circulation printed in the District of Columbia, stating that they will, on a date and at a place named in the notice, hold a public hearing at which all interested persons will be given a reasonable opportunity to be heard. Such notice shall contain a summary of the major provisions of the proposed revised wage order. " (b) Within thirty days after such hearing, the Commissioners may make such an order as may be proper or necessary to effectuate the purposes of this Act. Notice of such order shall be published in a newspaper of general circulation printed in the District of Columbia and such order shall take effect upon the expiration of sixty days after the date on which such order was made by the Commissioners. "(c) A wage order issued under this section shall define the occupation and classifications to which it is to apply, and shall contain such terms and conditions as the Commissioners find necessary to (1) carry out the purposes of such order, (2) to prevent the circumvention or evasion of it, and (3) to safeguard the minimum wage rates and overtime compensation established in it. " (d) Nothing in this Act shall be construed so as to authorize the Commissioners to establish a minimum weekly wage which would require an employer to pay an employee in any week an amount greater than the amount such employer would have to pay such employee under section 3 for the hours worked in such week. "REGULATIONS

"SEC, 8. (a) The Commissioners shall make and revise such regulations, including definitions of terms, as they may deem appropriate to carry out the purposes of this Act or necessary to prevent its circumvention or evasion and to safeguard the m'nimum wage rates and the overtime provisions established in this Act. " (b) The Commissioners shall make regulations— "(1) providing reasonable allowances for board, lodging, or services customarily furnished by employers to employees, "(2) providing reasonable allowances for gratuities in any occupation in which gratuities have customarily and usually constituted and have been recognized as part of the remuneration for hiring purposes, and "(3) providing allowances for such other special conditions or circumstances which may be usual in a particular employeremployee relationship. "(c) The Commissioners may make regulations— "(1) defining and governing the employment of handicapped workers and workers under the age of 18 and providing minimum

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1003

 80 STAT. ]

PUBLIC LAW 89-684-OCT. 15, 1966

wages for such workers at a rate lower tlian that specified hi section 3(a)(1) of this Act, "(2) governing piece rates, bonuses, and commissions in relation to time rates, "(3) governing part-time rates, "(4) governing minimum daily wages, "(5) relating to wage provisions governing split shift and excessive spread of hours, and "(6) governing uniforms, tools, travel, and other items of expense mcurred by employees as a condition of employment. " (d) Kegulations or revisions thereof issued by the Commissioneis pursuant to this section shall be made only after a public hearing by the Commissioners, subsequent to publication of a notice of the hearing at which interested persons may be heard. Such regulations or revisions shall, except as may otherwise be provided by the Commissioners, take effect upon the expiration of thirty days after the date on whicii such regulations and revisions were made by the Commissioners. "JUDICIAL REVIEW

"SEC. 9. (a) Any person aggrieved by an order of the Commissioners issued under this Act may obtain a review of such order in the District of Columbia Court of Appeals by filing in such court, within sixty days after the issuance of such order, a wfitten petition praying that the order of the Commissioners be modified or set aside in whole or in part. A copy of such petition shall forthwith be transmitted by the clerk of the court to the Commissioners, and thereupon the Commissioners shall file in the court the record upon which the order complained of was entered. Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify, or set aside such order in whole or in part, so far as it is applicable to the petitioner. The review by the court shall be limited to questions of law, and findings of fact by the Commissioners when supported by substantial evidence shall be conclusive. No objection to the order of the Commissioners shall be considered by the court unless such objection was presented to the Commissioners, except where there were reasonable grounds for failure to present such objections to the Commissioners. If application is made to the court for leave to offer additional evidence, and it is shown to the satisfaction of the court that such additional evidence may materially affect the result of the proceeding and that there were reasonable grounds for failure to offer such evidence in the proceedings before the Commissioners, the court may order such additional evidence to be taken by the Commissioners in such manner and upon such terms and conditions as the court may prescribe. The Commissioners may modify the initial findings by reason of the additional evidence so taken, and shall file with the court such modified or new findings which, if supported by substantial evidence, shall be conclusive, and shall also file their recommendation, if any, for the modification or setting aside of the original order. "(b) The commencement of proceedings under subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Commissioners' order. The court shall not grant any stay of the order unless the person complaining of such order shall file in court an undertaking with a surety or sureties, satisfactory to the court, for the payment to the employees affected by the order, in the event such order is affirmed, of the amount by which the compensation such employees are entitled to receive under the order exceeas the compensation they actually receive while such stay is in effect.

967

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1004

 968

PUBLIC LAW 89-684-OCT. 15, 1966

[80 STAT.

"AUTHORITY TO TAKE TESTIMONY AND ISSUE SUBPENAS

"SEC. 10. The Commissioners shall have power to administer oaths and require by subpena the attendance and testimony of witnesses, the production of all books, registers, and other evidence relative to any matters under investigation, at any public hearing or at any meeting of any committee or for the use of the Commissioners in securing compliance with this Act. I n case of disobedience to a subpena the Commissioners may invoke the aid of the District of Columbia Court of General Sessions in requiring the attendance and testimony of witnesses and the production of documentary evidence. I n case of contumacy or refusal to obey a subpena the court may issue an order requiring appearance before the Commissioners, the production of documentary evidence, and the giving of evidence, and any failure to obey such order of the court may be punished by such court as a contempt thereof. a KEEPING OF RECORDS

"SEC. 11. (a) Every employer subject to any provision of this Act or of any regulation or order issued under this Act shall make, keep, and preserve for a period of not less than three years a record of (1) the name, address, and occupation of each of his employees, (2) a record of the date of birth of any employee under nineteen years of age, (3) the rate of pay and the amount paid each pay period to each of his employees, (4) the hours worked each day and each workweek by each of his employees, and (5) such other records or information as the Commissioners shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this Act or of the regulations or orders issued thereunder. Such records shall be open and made available for inspection or transcription by the Commissioners or their authorized representative at any reasonable time. Every such employer shall furnish to the Commissioners or to their authorized representative on demand a sworn statement of such records and information upon forms prescribed or approved by the Commissioners. "(b) Every employer shall furnish to each employee at the time of payment of wages an itemized statement showing the date of the wage payment, gross wages paid, deductions from and additions to wages, net wages paid, hours worked during the pay period, and any other information as the Commissioners may prescribe by regulation. " P O S T I N G o r LAW AND WAGE ORDERS

"SEC. 12. Every employer subject to any provision of this Act or of any regulation or order issued under this Act shall keep a copy or summary of this Act and of any applicable wage order and regulation issued thereunder, in a form prescribed or approved by the Commissioners, posted in a conspicuous and accessible place in or about the premises wherein any employee covered by such regulation or order is employed. Employers shall be furnished such copies or summaries by the Commissioners on request without charge. ((PROHIBITED

ACTS

"SEC. 13. I t shall be unlawful for any employer— "(1) to violate any of the provisions of section 3 or any of the provisions of any regulation or order issued under this Act; " (2) to violate any of the provisions of section 11 or 12 or any regulation made under the provisions of section 8, or to make any statement, report, or record filed or kept pursuant to the provisions

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1005

 80 STAT. ]

PUBLIC LAW 89-684-OCT. 15, 1966

of section 11 or any regulation or order issued under section 8, knowing such statement, report, or record to be false in a material respect; (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, has testified or is about to testify m any such proceeding, or has served or is about to serve on any ad hoc advisory committee; or "(4) to hinder or delay the Commissioners or their authorized representative in the performance of their duties in the enforcement of this Act, to refuse to admit the Commissioners or their authorized representative to any place of employment, to refuse to make available to the Commissioners or their authorized representative, upon demand, any record required to be made, kept, or preserved under this Act, or to fail to post a summary or copy of this Act or of any applicable regulation or order, as required under section 12. "PENALTIES

"SEC. 14. Any person who willfully violates any of the provisions of section 13 shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment of not more than six months, or both. No person shall be imprisoned under this section except for an offense committed after the conviction of such person for a prior offense under this section. Prosecutions for violations of this Act shall be in the District of Columbia Court of General Sessions and shall be conducted by the Corporation Counsel of the District of Columbia. "EMPLOYEE REMEDIES

"SEC. 15. (a) Any employer who pays any employee less than the wage to which such employee is entitled under this Act or any order or regulation issued thereunder, shall be liable to such employee in the amount of such unpaid wages, and in an additional equal amount as liquidated damages, except that if, in any action commenced to recover such unpaid wages or liquidated damages, the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a ^dolation of this,Act, the court may, in its sound discretion, award no liquidated damages, or award any amount thereof not to exceed the amount specified in this section. Action to recover such liability may be maintained in any court of competent jurisdiction in the District of Columbia by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. The court in such action shall allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. Any agreement between an employer and an employee to work for less than the wages to which such employee is entitled under this Act or any order or regulation issued thereunder shall be no defense to any action to recover such unpaid wages or liquidated damages. "(b) At the written request of any employee paid less than the wage to which such employee is entitled under this Act or any order or regulation issued thereunder, the Commissioners may take an assignment of such wage claim in trust for the assigning employee and may bring

969

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1006

 970

PUBLIC LAW 89-684-OCT. 15, 1966

[80 STAT.

any legal action necessary to collect such claim. I n such an action, the defendant shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. ' (c) The Commissioners are authorized to supervise the payment of the unpaid wages owing to any employee under this Act or.any order or regulation issued thereunder, and the agreement of any employee to accept such payment shall upon payment in full constitute a waiver by such employee of any right he may have under subsection (a) of this section to such unpaid wages and an additional equal amount as liquidated damages. ((STATUTE

OF LIMrTATIONS

"SEC. 16. Any action commenced on or after the effective date of the District of Columbia Minimum Wage Amendments Act of 1966 to enforce any cause of action for unpaid wages or liquidated damages under this Act or any order or regulation issued thereunder may be commenced within three years after the cause of action accrued, and every such action shall be forever barred unless commenced within three years after the cause of action accrued. ((RIGHT

OF COLLECTIVE BARGAINING

"SEC. 17. Nothing in this Act shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the standards applicable under the provisions of this Act. li

SEPARABILITY OF PROVISIONS

"SEC. 18, If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application thereof to other persons or circumstances shall not be affected thereby. "SHORT TITLE

"SEC. 19. This Act may be cited as the 'District of Columbia Minimum Wage Act'." AUTHORITY TO D E L E G A T E FUNCTIONS

D^-c- Code title

1 app

SEC. 2. No amendments made by this Act shall be construed so as to affect the authority vested in the Board of Commissioners of the District of Columbia by Reorganization Plan Numbered 5 of 1952 (66 Stat. 824). The performance of any function vested by this Act or by amendments made by this Act in the Board of Commissioners or in any office or agency under the jurisdiction and control of said Board of Commissioners may be delegated by said Board of Commissioners in accordance with section 3 of such plan, except the function of making and adopting regulations to carry out the purposes of this Act or of any amendment made by this Act. DISTRICT OF COLUMBIA HOURS LAW

38 Stat. 291.

SEC. 3. The Act entitled "An Act to regulate the hours of employment and safeguard the health of females employed in the District of ColumMa", approved Februar;^ 24, 1914 (D.C. Code, sec. 36-301), is amended by adding the following new section:

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1007

 80 STAT. ]

PUBLIC LAW 89-685-OCT. 15, 1966

971

10. The requirements of sections 1, 3, and 4, and so much of section 5 as relates to keeping records of hours worked, shall not be applicable in the case of a person employed in a bona fide executive, administrative, or professional capacity, or in the capacity of an outside salesperson, as such terms may from time to time be defined in regulations which the Commissioners of the District of Columbia are hereby authorized to adopt and promulgate, except that this sentence shall not be construed as relieving an employer from keeping records relating to the compensation paid any such person." ''SEC.

EFFECTIVE DATE

SEC. 4. (a) Except as provided in subsection (b), the amendments made by this Act shall take effect February 1, 1967. (b) Notwithstanding the provisions of subsection (a), the authority to promulgate necessary rules, regulations, and orders with regard to amendments made by this Act may be exercised by the Commissioners on and after the date of enactment of this Act. SHORT TITLE

SEC. 6. This Act may be cited as the "District of Columbia Minimum Wage Amendments Act of 1966". Approved October 1.5, 1966.

Public Law 89-685 AN ACT October 15, 1966 To amend Public Law 89-284 relating to participation of the United States in [H. R. 15098] the H e m i s F a i r 1968 Exposition to be held in San Antonio, Texas, in 1968, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of Public Law 89-284 (79 Stat. 1026) is hereby amended by adding a new subsection (c) to read as follows: "(c) The President is authorized to appoint, by and with the advice and consent of the Senate, a Commissioner for a Federal exhibit at HemisFair 1968 who shall be in the Department of Commerce and receive compensation at the rate prescribed for level V of the Federal Executive Salary Schedule. The Commissioner shall perform such duties in the execution of this Act as the Secretary of Commerce may assign." SEC. 2. Subsection 3(b) of said Act is amended by (a) striking the words: "assist the planning staff established under subsection (a). " from the end of the first sentence of clause (1) and substituting therefor the words: "carry out the provisions of this Act." and by striking the words "while engaged in the work of such planning staff" and "while so engaged" from the second sentence; (b) Striking the words: "the members of such planning staff and such secretarial, clerical, and other staff assistants as may be necessary to enable such planning staff to perform its functions," from the first sentence of clause (2) and substituting therefor the words: "persons, other than consultants and experts, referred to in (b)(1), wdio perform functions to carry out the provisions of this Act,";

ExpoTilionl'Tex. u.s. participa''°"' ^ ^oumien\°b'"^' President. 5^us*c*'22/f'

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1008

 972

Contracts.

Erection of buildings, etc.

73 Stat. 479.

E x p e n s e s authorized.

79 Stat. 1027.

Report to Congress.

Appropriation.

Surplus property, disposition. 63 Stat. 377. 40 USC 471 note.

PUBLIC LAW 89-685-OCT. 15, 1966

[80

STAT.

(c) Adding new clauses (3), (4), and (5) at the end of such subsection as follows: "(3) The Secretary of Commerce is authorized to enter into such contracts as may be necessary to provide for United States participation in the exposition. "(4) The Secretary of Commerce is authorized to erect such buildings and other structures as may be appropriate for the United States participation in the exposition on land (approximately four and five hundred and ninety-five thousandths acres or more and including land necessary for ingress and egress) conveyed to the United States, in consideration of the participation by the United States in the exposition, and without other consideration. The Secretary of Commerce is authorized to accept title to such land or any interest therein: Provided, however, That the land or interest may be accepted only if the Secretary determines that no term or condition therein will interfere with the use of the property for purposes of the United States or grevent the disposal of the property as hereinafter set out. Any uilding constructed by the United States Government as a part of its participation in HemisFair shall not be a 'public building' under the Public Buildings Act of 1959 (40 U.S.C. 601 et seq.). I n the design and construction of such buildings and other structures, consideration, including consultation with the General Services Administration, shall be given to their utility for governmental purposes, needs, or other benefits following the close of the exposition. "(5) The Secretary of Commerce is authorized to incur such other expenses as may be necessary to carry out the purposes of this Act, including but not limited to expenditures involved in the selection, purchase, rental, construction, and other acquisition, of exhibits and materials and equipment therefor and the actual display thereof, and including but not limited to related expenditures for costs of transportation, insurance, installation, safekeeping, maintenance, and operation, rental of space, and dismantling; and to purchase books of references, newspapers, and periodicals." SEC. 3. Section 4(1) of said Act is amended by striking the words: "determining the manner in which and the extent to which the United States shall be a participant in and an exhibitor at the exposition" and substituting therefor the words: "carrying out any of the provisions of this Act". SEC. 4. Section 5 of said Act is amended by designating the existing language in section 5 as subsection (a) and by adding a new subsection (b) as follows: " (b) The Secretary of Commerce shall report to the Congress within six months after the date of the official close of the exposition on the activities of the Federal Government pursuant to this Act, including a detailed statement of expenditures. Upon transmission of such report to the Congress, all appointments made under ihis Act shall terminate, except those which may be extended by the President for such additional period of time as he deems necessary to carry out the purposes of this Act." SEC. 5. Section 6 of said Act is renumbered as section 8 and amended by adding a new sentence at the end thereof as follows: "In addition there are authorized to be appropriated, to remain available until expended, not to exceed $7,500,000, to carry out United States participation in the international exposition HemisFair, 1968." SEC. 6. Said Act is further amended by inserting new sections 6 and 7 to read as follows: "SEC. 6. After the close of the exposition, all property purchased or erected with funds provided pursuant to this Act shall be disposed of in accordance with provisions of this Act and with the Federal Property and Administrative Services Act of 1949, and other applicable Federal laws relating to the disposition of excess and surplus property.

�


text:
Page:United States Statutes at Large Volume 80 Part 1.djvu/1009

 80

STAT.]

PUBLIC LAW 8 9 - 6 8 5 - O C T. 15, 1966

973

"SEC. 7. The functions authorized by this Act may be performed without regard to the prohibitions and limitations of the following laws: "(1) That part of section 15 of the Administrative Expenses Act of 1946 (ch. 744, August 2, 1946; 60 Stat. 810), as amended (5 U.S.C. o5a), which reads '(not in excess of one year)'. "(2) Section 16(a) of the Administrative Expenses Act of 1946 (ch. 744, August 2, 1946; 60 Stat. 810; 5 U.S.C. 78) to the extent that it pertains to hiring automobiles. "(3) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), (advance of public moneys). "(4) Sections 302-305 of the Federal Property and Administrative Services Act of 1949 (June 30, 1949, ch. 288, 63 Stat. 393 et seq.), as amended (41 U.S.C. 252-255), (competitive bids; negotiated contracts, advances). "(5) Section 322 of the Act of June 30, 1932 (ch. 314, 47 Stat. 412; 40 U.S.C. 278a) (lease of buildings to Government; maximum rental). "(6) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 6) (advertisement of proposals for competitive bids). "(7) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of bids). "(8) Section 2 of the Act of March 3, 1933 (ch. 212, 47 Stat. 1520; 41 U.S.C. 10a) (Buy American Act). "(9) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts limited to one year). "(10) The second proviso of section 11 of the Act of March 1, 1919 (ch. 86, 40 Stat. 1270), as amended (44 U.S.C. I l l), to the extent that it pertains to printing by the Government Printing Office. '•^(11) Section 1 of the Act of June 20, 1878 (ch. 359, 20 Stat. 216), as amended (44 U.S.C. 322) (rates of payment for advertisements). "(12) Section 3828 of the Revised Statutes (44 U.S.C. 324) (no advertisements without authority)." SEC. 7. Said Act is further amended by inserting at the end thereof the following new section: "SEC. 9. (a) No funds made available under this Act shall be funds, c o n d i t i o n s. f„f!ff^"f""';!„°^„ expended to provide for United States participation in the exposition, unless the Secretary of Commerce has received satisfactory assurances from the San Antonio Fair, Incorporated, a nonprofit corporation of the State of Texas, that— "(1) there is and at all times will be full participation by all segnients of the San Antonio community, as evidenced by the membership of the executive committee of such corporation, or any other body thereof which exercises general administrative control and direction with respect to the planning or operation of the exposition, and by such other criteria as the Secretary shall determine to be relevant, and " (2) the public shall be kept fully informed as to the activities of such corporation, and that the activities of such corporation shall at all times, to the maximum extent practicable, be conducted openly, including assurances that the meetings of the executive committee of such corporation, or any other body thereof which exercises general administrative control and direction with respect to the planning or operation of the exposition, will be held in open sessions at regularly scheduled times and places after public notice of the times and places for such meetings, and such other assurances as the Secretary of Commerce shall determine to be revelant, and

65-300 0-67—64

�