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Page:United States Statutes at Large Volume 79.djvu/704

 664 40 USC 651

note.

PUBLIC LAW 89-173-SEPT. 8, 1965

[79 STAT.

facilities should now proceed as contemplated by the National Capital Transportation Act of 1960. (e) I n developing such improved transportation facilities, it is necessary that the operation of rail rapid transit and bus services be coordinated, and that the creation and operation of public rail rapid transit facilities be accomplished with the least possible adverse effect on the private companies transporting persons in the National Capital region, on their employees, and on persons, families and businesses displaced by the construction of such facilities. FACILITIES

AUTHORIZED

SEC. 3. (a) I n accordance with section 204(c) of the National Capital Transportation Act of 1960 (40 U.S.C. 664(c); 74 Stat. 540), the Agency is hereby authorized, subject to the availability of funds, to design, engineer, construct, equip, and take other action as authorized in this Act necessary to provide for the establishment of the system of rail rapid transit lines and related facilities described in the Agency's report entitled "Rail Rapid Transit for the Nation's Capital, January 1965", transmitted to the Congress by the President on February 10, 1965: Provided, That the cost of constructing and equipping such lines and facilities, excluding interest costs, shall not exceed $431,000,000. (b) The work authorized by this section shall be subject to the provisions of the National Capital Transportation Act of 1960, shall be carried out substantially in accordance with the plans and schedules contained in the aforesaid report, and shall be subject to the following: (1) No portion of any rail rapid transit line or related facility authorized hereunder shall be constructed within the United States Capitol Grounds except upon approval of the Commission for Extension of the United States Capitol. (2) All construction work performed in, on, under, or over public space in the District of Columbia under the authority of this Act shall, in the interest of public convenience and safety, be performed in accordance with schedules agreed upon, and set forth in one or more written agreements, between the Agency and the Board of Commissioners of the District of Columbia, to the end that such construction work will be coordinated with other construction work in such public space, and consistent with such agreement or agreements, the said Board of Commissioners shall so exercise its jurisdiction and control over such public space as to facilitate the Agency's use and occupation thereof for the purposes of this Act. (3) The rail rapid transit lines and related facilities authorized by this Act shall not be operated except under contract by private transit companies, private railroads, or other private persons. Such contracts shall be entered into only after formal advertisement and negotiations with all interested and qualified parties, including private mass transportation companies in the National Capital region, and only if the Secretary of Labor certifies that terms and conditions, as prescribed in section 10(c) of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1609 (c); 78 Stat. 302, 307), to protect the interests of employees affected by any such contract for the operation of the facilities authorized by this Act, are specified in such contract. (4) If the contractor selected to operate the facilities authorized by this Act contracts for the construction, alteration, and/or repair of such facilities, the agency which lets the contract to operate the rail rapid transit lines and related facilities shall take such action as may be necessary to insure that all laborers and

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Page:United States Statutes at Large Volume 79.djvu/705

 79 STAT. ]

PUBLIC LAW 89-173-SEPT. 8, 1965

665

mechanics employed in the performance of such construction, alteration, and/or repair shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, in accordance with the DavisBacon Act, as amended. The Secretary of Labor shall have with 78'*|tat^^238°^^' respect to the labor standards specified herein the authority and 40 USC:!76afunctions set forth in Reorganization Plan Numbered 14 of 1950 276a.5. (15 F.R. 3176; 64 Stat. 1267; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(C)). _ 63 Stat. 108. (c) Nothing in this Act shall be construed to affect any right to damages which any common carrier engaged in the private transportation of persons in the National Capital region may have by virtue of Public Law 757 of the Eighty-fourth Congress (70 Stat. 598) or 77 Stat. 421. Public Law 669 of the Eighty-sixth Congress (74 Stat. 537). (d) The protection accorded the private bus companies under the provisions of the National Capital Transportation Act of 1960 (74 Stat. 537), and particularly under section 205(a)(2) thereof, shall not 40 USC 665. be impaired by this Act. RELOCATION

ASSISTANCE

SEC. 4. The Act of October 6, 1964 (78 Stat. 1004) authorizing the Commissioners of the District of Columbia to provide relocation services to individuals, families, business concerns, and nonprofit organizations which may be or have been displaced from real property by actions of the United States or of the District of Columbia, and all regulations made under the authority of such Act are hereby made applicable to individuals, families, business concerns, and nonprofit organizations displaced from real property by actions of the Agency and the Agency shall pay the District of Columbia Relocation Assistance Office for the cost 01 such relocations: Provided, That in the case of any such displacements from real property located in the State of Maryland or the Commonwealth of Virginia the Agency is authorized to make relocation payments directly to the displaced individual, family, business concern, or nonprofit organization, as the case may be, in accordance with the schedule of payments contained in the said Act of October 6, 1964, and such rules and regulations as may be prescribed by the Administrator. In the event real property is acquired for the Agency by another Federal agency or by any State or local agency or authority, the Agency is authorized to reimburse the acquiring agency for relocation payments made by it, up to the amounts specified in the aforesaid Act of October 6, 1964. APPROPRIATIONS

AUTHORIZED

SEC. 5. (a) The cost of designing, en^neering, constructing, and equipping the facilities authorized in section 3 hereof shall be financed in part by the Federal and District of Columbia Governments, as follows: (1) To finance the United States portion there is hereby authorized to be appropriated to the Agency not to exceed $100,000,000, which shall remain available until expended; (2) To finance the District of Columbia portion there is hereby authorized to be appropriated to the Agency out of the general fund of the District of Columbia not to exceed $50,000,000, which shall remain available until expended; (b) Subsection (b) of section 1 of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to borrow 49-850 0-66—45

D.C. e o d e 5728 to 5-732.

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Page:United States Statutes at Large Volume 79.djvu/706

 666

220'*^'^°'^^^"

PUBLIC LAW 89-173-SEPT. 8, 1965

[79 STAT.

funds for capital improvements programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation's Capital City", approved Jmie 6, 1958, ^ amended (72 Stat. 183, 77 Stat. 130), is amended by striking "$175,000,000" and inserting in lieu thereof "$225,000,000"; and by inserting immediately before the period at the end of such subsection the following: ": And provided further, That $50,000,000 of the principal amount of loans authorized to be advanced pursuant to this subsection shall be utilized to carry out the purposes of the National Capital Transportation Act of 1965". A N N U A L RErOK'r

SEC. H. The Agency shall submit to the President for transmission to the Congress at the beginning of each regular session of the (Congress an annual report of its operations under this title. ADVISORY BOARD

40 USC 662.

. SEC. 7. Section 202 of the National Capital Transportation Act of 1960, approved July 14, 1960 (74 Stat. 537), is amended by striking "five" from the third Ime thereof and inserting in lieu thereoi "seven"; by striking "three" from the fourth line and inserting in lieu thereof "four"; and by adding at the end of said section the following: "Provided. That if any member of the Advisory Board shall be an employee of the United States or the District of Columbia he shall serve without additional compensation." SEPARABILITY

SEC. 8. If any part of this Act is declared unconstitutional the constitutionality of no other part of the Act shall be aft'ected thereby. Approved September 8, 1965.

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Page:United States Statutes at Large Volume 79.djvu/707

 79 STAT. ]

PUBLIC LAW 89-174-SEPT. 9, 1965

667

Public Law 89-174 AN ACT September 9, 1965 To establish a Department of Housing and Urban Development, and for other [H. R. 6927] purposes.

Be it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled, That this Act may H<^^s^n'^*'^nd\jrban be cited as the ''Department of Housing and I'rban Development Deveiopm."nt AC^" Act". DE!CX.\.R.VTION o r PURPOSE

SEC. 2. The Congress hereby declares that the general welfare and security of the Nation and the health and living standards of our people require, as a matter of national purpose, sound development of the Nation's communities and metropolitan areas in which the vast majority of its people live and work. To carry out such purpose, and in recognition of the increasing importance of housing and urban development in our national life, the Congress finds that establishment of an executive department is desirable to achieve the best administration of the principal programs of the Federal Government which provide assistance for housing and for the development of the Nation's communities; to assist the President in achieving maximum coordination of the various Federal activities which have a major effect upon urban community, suburban, or metropolitan development; to encourage the solution of problems of housing, urban development, and mass transportation through State, county, town, village, or other local and private action, including promotion of interstate, regional, and metropolitan cooperation; to encourage the maximum contributions that may be made by vigorous private homebuilding and mortgage lending industries to housing, urban development, and the national economy; and to provide for full and appropriate consideration, at the national level, of the needs and interests of the Nation's communities and of the people who live and work in them. ESTABLISHMENT OF DEPARTMENT

SEC. 3. (a) There is hereby established at the seat of government an executive department to be known as the Department of Housing and Urban Development (hereinafter referred to as the "Department"'). There shall be at the head of the Department a Secretary of Housing and Urban Development (hereinafter referied to as the "Secretary"), who shall be appointed by the President by and wnth the advice and consent of the Senate. The Department shall be administered under the supervision and direction of the Secretary. The Secretary shall receive compensation at the i*ate now or hereafter prescribed by law for the heads of executive departments. (b) The Secretary shall, among his responsibilities, advise the President with respect to Federal programs and activities relating to housing and urban development; develop and recommend to the President policies for fostering the orderly growth and development of the Nation's urban areas; exercise leadership at the direction of the President in coordinating Federal activities affecting housing and urban de>elopmeiit; pro^-ide technical assistance and information, including a clearinghouse service to aid State, county, town, village, or other local governments in developing solutions to community and metropolitan development problems; consult and cooperate with State Governors and State agencies, including, when appropriate, holding informal public hearings, with respect to Federal and !^tate programs

Appointment of Secretary.

Duties.

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Page:United States Statutes at Large Volume 79.djvu/708

 668

PUBLIC LAW 89-174-SEPT. 9, 1965

[79 STAT.

for assisting communities in developing solutions to community and metropolitan development problems and for encouraging effective regional cooperation in the planning and conduct of community and metropolitan development programs and projects; encourage comprehensive planning by the State aud local governments with a view to coordinating Federal, State, and local urban and community development activities; encourage private enterprise to serve as large a part of the Nation's total housing and urban development needs as it can and develop the fullest cooperation with private enterprise in achieving the objectives of the Department; and conduct continuing comprehensive studies, and make available findings, with respect to the problems of housing and urban development. (c) Nothing in this Act shall be construed to deny or limit the benefits of any program, function, or actiA'ity assigned to the Department by this or any other Act to any community on the basis of its population or corporate status, except as may be expressly provided by law. UXDER SECRETARY AND OTHER OFFICERS AND OFFH ES Under Secretary. Assistant Secretaries. Appointment.

Federal Housing Commissioner.

Assistant Secretary for Administration.

Director of Urban Program Coordination.

SEC. 4. (a) There shall be in the Department an Tender Secretary, four Assistant Secretaries, and a General Counsel, who shall be appointed by the President by and with the ad\'ice and consent of the Senate, who shall receive compensation at the rate now or hereafter provided by law for under secretaries, assistant secretaries, and general counsels, respectively, of executive departments, and who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. There shall be in the Department a Federal Housing Commissioner, who shall be one of the Assistant Secretaries, who shall head a Federal Housing Administration within the Department, who shall have such duties and powers as may be prescribed by the Secretary, and who shall administer, under the supervision and direction of the Secretary, departmental programs relating to the private mortgage market. (b) There shall be in the Department an Assistant Secretary for Administration, who shall be appointed, with the approval of the President, by the Secretary under the classified civil service, who shall perform such functions, powers, and duties as the Secretary shall pi^scribe from time to time, and whose annual rate of compensation shall be the same as that now or hereafter provided by or pursuant to law for assistant secretaries for administration of executive departments. (c) There shall be in the Department a Director of Urban Program Coordination, who shall be designated by the Secretary. He shall assist the Secretary in carrying out his responsibilities to the President with respect to achieving maximum coordination of the programs of the various departments and agencies of the Government which have a major impact on community development. In providing such assistance, the Director shall make such studies of urban and community problems as the Secretary shall request, and shall develop recommendations relating to the administration of Federal programs affecting such problems, particularly with respect to achieving effective cooperation among the J'ederal. State, and local agencies concerned. Subject to the direction of the Secretary, the Director shall, in carrying out his responsibilities, (1) establish and maintain close liaison with the Federal departments and agencies concerned, and (2) consult with State, local, and regional officials, and consider their recommendations with respect to such jjrograms.

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Page:United States Statutes at Large Volume 79.djvu/709

 79 STAT. ]

PUBLIC LAW 89-174-SEPT. 9, 1965

669

IRAXSFKRS TO DEPARTMENT

SEC. 5. (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to and vested in the Secretary all of the functions, powers, and duties of the Housing and Home Finance Agency, of the Federal Housing Administration and the Public Housing Administration in that Agency, and of the heads and other officers and offices of said agencies. (b) The Federal National Mortgage Association, together with its functions, powers, and duties, is hereby transferred to the Department. The next to the last sentence of section 308 of the Federal National ^g stat^'eao Mortgage Association Charter Act and the item numbered (94) of sec- 12 USC 1723, tion 303(e) of the Federal Executive Salary Act of 1964 are hereby re- 5*ulc*22\^/pealed, and the position of the President of said Association is hereby allocated among the positions referred to in section 7(c) hereof. (c) The President shall undertake studies of the organization of congre'Is*^ housing and urban development functions and programs within the Federal Government, and he shall provide the Congress with the findings and conclusions of such studies, together with his recommendations regarding the transfer of such functions and programs to or from the Department. Notwithstanding any other provision of this Act, none of the functions of the Secretary' of the Interior authorized under the Land and Water Conservation Fund Act of 1965 (78 Stat. 897) J,i^^^ ^^^^'^ or other functions carried out by the Bureau of Outdoor Recreation note. shall be transferred from the Department of the Interior or in any way be limited geographically unless specificalh- provided for by reorganization plan pursuant to provisions of the Keorganization Act 5 USC 133z of 1949 (63 Stat. 203), as amended, or by statute. note. CONFORMING

AMENDMENTS

SEC. 6. (a) Section 19(d)(1) of title 3 of the United States Code is hereby amended by striking out the period at the end thereof and inserting a comma and the following: "Secretary of Health, Education, and Welfare, Secretary of Housing and Urban Development." (b) Section 158 of the Revised Statutes (5 I'.S.C. 1) is amended by adding at the end thereof: "Eleventh. The Department of Housing and I > b a n Development." (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.

" Stat. 577.

ADMINISTRATIVE PROVISIONS

SEC. 7. (a) The personnel employed in coiniection with, and the J^^^^l^'' °l assets, liabilities, contracts, property, records, and unexpended balances Lts" e"c.' of appropriations, authorizations, allocations, or other funds held, used, arising from, or available or to be made available in connection with, the functions, powers, and duties transferred by section 5 of this Act are hereby transferred with such functions, powers, and duties, respectively. (h) No transfer of functions, powers, and duties shall at any time Restriction. be made within the Department in connection with the secondary market operations of the Federal National Mortgage Association unless the Secretary finds that the rights and interests of owners of outstanding common stock issued under the Federal National Mortgage Asso<'iation Charter \vt Avill not be adversely affected thereby. ^^ st^t^. 622^ note.

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Page:United States Statutes at Large Volume 79.djvu/710

 670 Compensation of personnel.

78 Stat. 419, 5 USC 2211. Delegation of authority.

Repeal. 68 Stat. 623. 42 USC 1451, 60 Stat. 810. 5 USC S5a. Working c a p i t a l fund.

Seal.

PUBLIC LAW 89-174-SEPT. 9, 1965

[79 STAT.

(c) The Secretary is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees, including attorneys, as shall be necessary to carry out the provisions of this Act and to prescribe their authority and duties: Provided, That any other provision of law to the contrary notwithstanding, the Secretary may fix the compensation for not more than six positions in the Department at the annual rate applicable to positions m level V of the Federal Executive Salary Schedule provided by the Federal Executive Salary Act of 1964. (d) The Secretary may delegate any of his functions, powers, and duties to such officers and employees of the Department as he may designate, may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, powers, and duties. The second f)roviso of section 101(c) of the Housing Act of 1949 is hereby repealed. (e) The Secretary may obtain services as authorized by section 15 of the Act of August 2, 1946, at rates not to exceed $100 per diem for individuals. (f) The Secretary is authorized to establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be desirable in the interest of economy and efficiency in the Department, including such services as a central supply service for stationery and other supplies and equipment for wlucli adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies; central messenger, mail, telephone, and other communications services; office space; central services for document reproduction and for graphics and visual aids; and a central library service. In addition to amounts appropriated to provide capital for said fund, M-Jiich appropriations are hereby authorized, the fund shall be capitalized by transfer to it of such stocks of supplies and equipment on hand or on order as the Secretary shall direct. Such fund shall be reimbursed from available funds of agencies and offices in the Department for which services are performed at rates which will return in full all expenses of operation, nicluding reserves for accrued annual leave and for deprec]ation of equipment. (g) The Secretary shall cause a seal of office to be made for the Department of such device as lie shall approve, and judicial notice shall be taken of such seal. ANMAL

KKl'OHT

SEC. 8. The Secretary shall, as soon as practicable after the end of each calendar year, malce a report to the President for submission to the Congress on the activities of the Department during the preceding calendar year. S, \ V l X (s I'KOVISIOX.S

SEC. 9. (a) No cause of action by or against aivy agency whose functions are transferred by this Act, or by or against any officer of any agency in his official capacity, shall abate by reason of this enactment. Such causes of action may l^e asserted by or against the United States or such official of the Department as may be appiopriate.

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 79 STAT. ]

PUBLIC LAW 89-174-SEPT. 9, 1965

(b) No suit, action, or other proceeding commenced by or against any agency whose functions are transferred by this Act, or by or against any officer of any such agency in his official capacity, shall abate by reason of the enactment of this Act. A court may at any time during the pendency of the litigation, on its own motion or that of any party, order that the same may be maintained by or against the United States or such official of the Department as may be appropriate. (c) Except as may be otherwise expressly provided in this Act, all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing. All rules, regulations, orders, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to applicable law, prior to the effective date of this Act, by any agency, officer, or office pertaining to any functions, powers, and duties transferred by this Act shall continue in full force and effect after the effective date of this Act until modified or rescinded by the Secretary or such other officer or office of the Department as, in accordance with applicable law, may be appropriate. With respect to any function, tx)wer, or duty transferred by or under this Act and exercised hereafter, reference in another Federal law to the Housing and Home Finance Agency or to any officer, office, or agency therein, except the Federal National Mortgage Association and its officers, shall be deemed to mean the Secretary. The positions and agencies heretofore established by law in connection with the functions, powers, and duties transferred under sect ion.5(a) of this Act shall lapse. SEPARABILITY

SEC. 10. Xotwithstanding any other evidence of the intent of Congress, it is hereby declared to be the intent of Congress that if any provision of this Act, or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its application to other persons and circumstances, but shall be confined in its operation to the provision of this Act, or the application thereof to the persons and circumstances, directly involved in the controversy in which such judgment shall have been rendered. EFFECTIVE DATE AND IXTERIM APPOIXTMRNTS

SEC. 11. (a) The provisions of this Act shall take effect upon the expiration of the first period of sixty calendar days following the date (m which this Act is approved by the President, or on such earlier date as the President shall specify by Executive order published in the Federal Register, except that any of the officers provided for in sections i5(a), 4 (a), and 4(b) of this Act may be nominated and appointed, as provided in such sections, at any time after the date this Act is approved by the President. (b) I n the event that one or more officers required by this Act to be appointed, by and with the ad^-ice and consent of the Senate, shall not hav^e entered upon office on the effective date of this Act, the President may designate any person who was an officer of the Housing and Home Finance Agency nnmediately prior to said effective date to act in such office until the offi<-e is filled as provided in this Act or until the expiration of the first period of sixty days following said effective date, whichever shall first occur. While so acting su(.-h persons shall receive compensation at the rates provided by this Act for the respective offices in which they act. Approved September 9, 1965.

671

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Page:United States Statutes at Large Volume 79.djvu/712

 PUBLIC LAW 89-175-SEPT. 9, 1965

672

[79 S T A L

Public Law 89-175 c.

.

,

.

AN ACT

September 9, 1965

[H. R. 5280] International balance of payments. Voluntary agreement program.

Consv4ltation with financial interests.

Formulation of agreements.

Publication in Federal Register.

38 Stat. 717; 52 Stat. 117. 15 USC 58.

Approval of agreements.

Program review by Attorney General.

Publication in Federal Register.

To provide for exemptions from the antitrust laws to assist in safeguarding the balance of jxayments position of the United States.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That it is declared to be the policy of Congress to safeguard the position of the United States with respect to its international balance of payments. To effectuate this policy the President shall undertake continuous surveillance over the private flow of dollar funds from the United States to foreign countries, the solicitation of cooperation by banks, investment bankers and companies, securities brokers and dealers, insurance companies, finance companies, pension funds, charitable trusts and foundations, and educational institutions, to curtail expansion of such flow, and the authorization of such voluntary agreements or programs as may be necessary and appropriate to safeguard the position of the United States with respect to its international balance of payments. SEC. 2. (a) The President is authorized to consult with representatives of persons described in section 1 to stimulate voluntary efforts to aid in the improvement of the balance of payments position of the United States. (b) When the President finds it necessary and appropriate to safeguard the United States balance of payments position, he may request persons described in section 1 to discuss the formulation of voluntary agreements or programs to achieve such objective. When such a request is made, a notice shall be promptly published by the President in the Federal Register, listing the persons invited to attend and the time and place at which the discussion is to be held. If the President makes such a request, no such discussion nor the formulation of any voluntary agreement or program in the course of such discussion shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act of the United States: Provided, That n a act or omission to act in effectuation of such voluntary agreement or program is taken until after such voluntary agreement or program is approved in accordance with the provisions of subsections (c) and (d) hereof: And provided further, That any meeting or discussion comply with the. requirements of subsection (e). (c) The President may approve, subject to such conditions as he may wish to impose, any voluntary agreement or program among persons described in section 1 that he finds to be necessary and appropriate to safeguard the United States balance-of-payments position. No act or omission to act which occurs pursuant to any approved voluntary agreement or program by a person described in section 1 who has accepted a request of the President to participate shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act: Provided, That any meeting or discussion pursuant to any such agreement or program comply with the requirements of subsection (e). (d) No voluntary agreement or program shall be approved except after submission to the Attorney General for his review as to its effect on competition and a finding by the Attorney General after consultation with the delegate of the President that the actual or potential detriment to competition is outweighed by the benefits of such agreement or program to the safeguarding of the United States balanceof-payments position. The finding of the Attorney General, together with his reasons, shall be published in the Federal Register not later than the time required by section 3 for publication of any approved agreement or program: Provided, hoicecer. That where the President

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Page:United States Statutes at Large Volume 79.djvu/713

 79 STAT. ]

PUBLIC LAW 89-175-SEPT. 9, 1 % 5

finds that the balance-of-payments position of the United States requires immediate approval of an agreement or program he may waive the requirement for a finding by the Attorney General and may approve such agreement or program. (e) Any meeting of representatives of persons described in section 1 requested by the President pursuant to any approved voluntary agreement or program or meetings or discussions pursuant to a request made in accordance with subsection (b), shall comply with each of the following conditions: (1) The Attorney General shall be given reasonable notice prior to any meeting, with such notice to include a copy of the agenda, a list of the participants, and the time and place of the meeting; (2) meetings shall be held only at the call of a fulltime salaried officer or employee of such department or agency as the President shall designate, and only with an agenda formulated by such officer or emplovee; (3) meetings shall be presided over by an officer or employee of the type mentioned in (2), who shall have the authority and be required to adjourn any meeting whenever he or a representative of the Attorney General considers adjournment to be in the public interest; (4) a verbatim transcript shall be kept of all proceedings at each meeting, including the names of all persons present, their affiliations, and the capacity in which they attend; and (5) a copy of each transcript shall be promptly provided for retention by the Attorney General. (f) The Attorney General shall continuously review the operation of any agreement or program approved pursuant to this Act, and shall recommend to the President the withdrawal or suspension of such approval if in his judgment after consultation with the delegate of the President its actual or potential detriment to competition outweighs its benefit to the safeguarding of the United States balance-of-payments position. (g) The Attorney General shall have the authority to require the production of such books, records, or other information as shall have a direct bearing upon such agreement or program and the implementation thereof from any participant in a voluntary agreement or program jis he may determine reasonably necessary for the performance of his responsibilities under this Act. (h) The President may withdraw any request or finding made hereunder or approval granted hereunder, in which case, or upon termination of this Act, the provisions of this section shall not apply to any subsequent act or omission to act. SEC. 3. On or before January 1, 1966, and at least once every six months thereafter, the Attorney General shall submit to the Congress and to the President reports on the performance of his responsibilities under this Act. I n such reports the Attorney General shall indicate, among other things, the extent to which his review of approved agreements or programs has disclosed any actual or potential detriment to competition. The full text of each voluntary agreement or program approved pursuant to this Act shall be transmitted to the Attorney General immediately upon the approval thereof, and shall be published by the President in the Federal Register not less than three days prior to its effective date unless the President finds that publication of the full text of any agreement or program would be inconsistent with the national interest in which case only a summary need be published. SEC. 4. The President may require such reports as he deems necessary to carry out the policy of this Act from any person, firm, or corporation within the United States concerning any activities authorized by the provisions of this Act. SEC. 5. The President may delegate the authority granted him by this Act, except that the authority granted may be delegated only to

673

fi^nc^aj^fn-^ terests. conditions.

apYment'^ agreements. ^^'•^^'"^" ^•

Records.

^ ^rovlr"^^ °^

idJnTand con^-'^^' gress.

Publication in Federal Reg-

ister.'

^^P°^^'

defe"gatio'2 limitation.'

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Page:United States Statutes at Large Volume 79.djvu/714

 674

Termination.

PUBLIC LAW 89-176-SEPT. 10, 1965

[79 STAT.

officials appointed by the President, with the advice and consent of the Senate, whether acting singly or jointly or as a committee or board: Provided, however, That the President may not delegate his authority under section 2(d) to waive the requirements for a finding by the Attorney General and approve an agreement or program where he has found that the balance-of-payments position of the United States requires immediate approval. SEC. 6. This Act and all authority conferred thereunder shall terminate twenty months after it becomes law, or on such date prior thereto as the President shall find that the authority conferred by this Act is no longer necessary as a means of safeguarding the balanceof-payments position and shall by proclamation so declare. SEC. 7. As used in this Act the word "person" includes corjjorations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals, satisfying the description contained in section 1. Approved September 9, 1965. Public Law 89-176

September 10, 1965 [H. R. 6964]

AN ACT To amend section 4082 of title 18, United States Code, to facilitate the rehabilitation of persons convicted of offenses against the United States.

Be it enacted by the Senate and House of Representatives of the rehabuit^t^k)n^"' United States of America in Congress assembled, That section 4082 "^^62 Stat! 850. of title 18, United States Code, is amended to read: "§ 4082. Commitment to Attorney General; residential treatment centers; extension of limits of confinement; work furlough " (a) A person convicted of an offense against the United States shall be committed, for such term of imprisonment as the court may direct, to the custody of the Attorney General of the United States, who shall designate the place of confinement where the sentence shall be served. "(b) The Attorney General may designate as a place of confinement any available, suitable, and appropriate institution or facility, whether maintained by the Federal Government or otherwise, and whether within or without the judicial district in which the person was convicted, and may at any time transfer a person from one place of confinement to another. "(c) The Attorney General may extend the limits of the place of confinement of a prisoner as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to— "(1) visit a specifically designated place or places for a period not to exceed thirty days and return to the same or another institution or facility. An extension of limits may be granted only to permit a visit to a dying relative, attendance at the funeral of a relative, the obtaining of medical services not otherwise available, the contacting of prospective employers, or for any other compelling reason consistent with the public interest; or "(2) work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner of the institution or facility to which he is committed, provided that—

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675

" (i) representatives of local union central bodies or similar labor union organizations are consulted; "(ii) such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and "(iii) the rates of pay and other conditions of employment will not be less than those paid or provided for work of similar nature in the locality in which the work is to be performed. A prisoner authorized to work at paid employment in the community under this subsection may be required to pay, and the Attorney General is authorized to collect, such costs incident to the prisoner's confinement as the Attorney General deems appropriate and reasonable. Collections shall be deposited in the Treasury of the United States as miscellaneous receipts. " (d) The willful failure of a prisoner to remain within the extended limits of his confinement, or to return within the time prescribed, to an institution or facility designated by the Attorney General, shall be deemed an escape from the custody of the Attorney General punishable as provided in chapter 35 of this title. is "sc "(e) The authority conferred upon the Attorney General by this ^^"^^^• section shall extend to all persons committed to the National Training School for Boys. "(f) As used in this section— Definitions. "the term 'facility' shall include a residential community treatment center; and "the term 'relative' shall mean a spouse, child (including stepchild, adopted child or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person who, though not a natural parent, has acted in the place of a parent), brother, or sister." SEC. 2. The chapter analysis of section 4082 of title 18, Tnited States Code, is amended to read: "Sec. 4082. Coumiitment to Attorney General; residential treatment centers, extension of limits of confinement; work furlough."

SEC. 8. Sections 751 and 752 of title 18, United States Code, are 62 Stat. 734; amended by inserting the words "or facility" following the word '^ ^** *** "institution". Approved September 10, 1965. Public Law 89-177 AN ACT

To designate Imk and dam 3 on the Cape Fear River, Ntrtth ("arulinn. as the William . Hnske lock and dam.

Be it enacted by the Senate wnd House of Representatives of the United States of America in Congress assembled, That lock and dam 3 located on the Cape Fear River, North Carolina, shall hereafter be known and designated as the "William O. Huske lock and dam". Any law, regulation, map, document, or record of the United States in which such lock and dam is referred to shall be held and considered to refer to such lock and dam as the "William O. PTuske hx-k and dam". Approved September 10, 1965.

September 10, 1965

[H. R. 496]

William O. Huske lock and dam, N.C.

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PUBLIC LAW 89-178-SEPT. 10, 1965

[79 STAT.

Public Law 89-178 September 10, 1965 [H. R. 2263]

Correctional Rehabilitation Study Act of 1965. 68 Stat. 662. 29 USC 42.

AN ACT To provide for an objective, thorough, and nationwide analysis and reevaluation of the extent and means of resolving the critical shortage of qualified manpower in the field of correctional rehabilitation.

Be it enacted by the Senate and House of Representatives of the United States of Ame7ica in Congress assembled, That this Act may be cited as the "Correctional Eehabilitation Study Act of 1965". SEC. 2. Section 12 of the Vocational Rehabilitation Act (29 U.S.C. ch. 4) is amended to read as follows: UGRANTS FOR SPECIAL PROJECTS I N CORRECTIONAL

"Organization."

National Advisory Council on Correctional Manpower and Training.

Establishment.

REHABILITATION

"SEC. 12. (a)(1) The Secretary is authorized, with the advice of the National Advisory Council on Correctional Manpower and Training, established by subsection (b) of this section, to make grants to pay part of the cost of carrying out a program of research and study of the personnel practices and current and projected personnel needs in the field of correctional rehabilitation and of the availability and adequacy of the educational and training resources for persons in, or preparing to enter such field, including out not limited to the availability of educational opportunities for persons in, or preparing to enter, such field, the adequacy of the existing curriculum and teaching methods and practices involved in the preparation of persons to work in such field, the effectiveness of present methods of recruiting personnel for such field and the extent to which personnel in the field are utilized in the manner which makes the best use of their qualifications. Such a program of research and study is to be on a scale commensurate with the problem. "(2) Such grants may be made to one or more organizations, but <mly on condition that the organization will undertake and conduct, or if more than one organization is to receive such grants, only on condition that such organizations have agreed among themselves to undertake and conduct, a coordinated program of research into and study of all aspects of the resources, needs, and practices referred to in paragraph (1). "(3) As used in paragraph (2), the term 'organization* means a nongovernmental agency, organization, or commission, composed of representatives of leading professional associations, organizations, or agencies active in the field of corrections. "(b)(1) There is hereby established in the Department of Health, Education, and Welfare a National Advisory Council on Correctional Manpower and Training, consisting of the Secretary, or his designee, who shall be Chairman, and twelve members, not otherwise in the regular full-time employ of the United States, appointed without i*e^ard to the civil service laws by the Secretan^ after consultation with the Attorney General of the United States. The twelve appointed members shall be selected from among leaders in fields concerned with correctional rehabilitation or in public affairs, four of whom shall be selected from among State or local correctional services. In selecting persons for appointment to the Council, consideration shall be given to such factors, among others, as (1) familiarity with correctional manpower problems, and (2) particular concern with the training of persons in or preparing to enter the field of correctional rehabilitation. "(2) The Council shall consider all applications for grants under this section and shall make recommendations to the Secretary with respect to approval of applications for and the amounts of grants under this section.

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PUBLIC LAW 89-179-SEPT. 11, 1965

"(3) Appointed members of the Council, while attending meetings or conferences thereof or otherwise serving on business of the Council, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. "(c) For carrying out the purposes of this section there is hereby authorized to be appropriated for the fiscal year ending June 30, 1966, the sum of $500,000 to be used for a grant or grants to help initiate the research and study provided for in this section; and the sum of $800,000 for each of the two succeeding fiscal years for the making of such grants as may be necessary to carry the research and study to completion. The terms of any such grant shall provide that the researcn and study shall be completed not later than three years from the date it is inaugurated; that the grantee shall file annual reports with the Secretary, the Congress, the Governors of the several States and the President, among others the grantee may select; and that the final report shall be similarly filed. " (d) Any grantee agency, organization, or commission is authorized to accept additional financial support from private or other public sources to assist in carrying on the project authorized by this section." Approved September 10, 1965.

Council memb e r s, compensation.

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

Report to P r e s ident and Congress, etc.

Public Law 89-179 AN ACT

c

.

K

,.

September U, 1965

To authorize the Secretary of the Navy to convey to the city of Norfolk, State of Virginia, certain lands in the city of Norfolk, State of Virginia, in exchange for certain other lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provisions of law, the Secretary of the Navy, or his designee, is authorized to convey to the city of Norfolk, State'of Virginia, subject to such terms and conditions as the Secretary of the Navy, or his designee, shall deem to be in the public interest, all right, title, and interest of the United States in and to the land located in the city of Norfolk, State of Virginia, with the buildings and improvements thereon, described substantially as follows: Beginning at the northeast corner of Court Street (formerly Avon Street) and Williamson's Lane, thence running in a northerly direction along the eastern side of said Court Street a distance of 97.2 feet, more or less, thence in an easterly direction along the dividing line between the property herein described and the property now or formerly owned by Williams and Reed, Incorporated, a distance of 133.98 feet, more or less, to a point; said point being the northeast corner of the building herein described, the property of the Prospect Holding Corporation. Thence in a southerly direction along the dividing line between this property and the property now or formerly belonging to Gardiner, to its intersection with the northern side of Williamson's Lane, a distance of 80.37 feet, more or less, to a point; thence in a westerly direction along the said northern side of Williamson's Lane, a distance of 162.69 feet, more or less, to the point of beginning.

[H. R. ].o44]

Norfolk, Va. Land exch ange with U.S.

Description.

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[79 STAT.

SEC. 2. In consideration of the conveyance by the United States of the aforesaid lands, the city of Norfolk, State of Virginia, shall convey to the United States, such lands located in the cit;^^ of Norfolk, State of Virginia, together with such buildings and improvements thereon or to be constructed thereon, as are acceptable to the Secretary of the Navy, or his designee, and subject to such conditions as are acceptable to the Secretary of the Navy, or his designee. SEC. 3. The Secretary of the Navy, or his designee, is also authorized to accept from the city of Norfolk, State of Virginia, such appropriate interests in other land as may be considered necessary for protection of the interests of the United States in connection with the exchange. Approved September 11, 1965.

Public Law 89-180 September 11, 1965

AN ACT

[H. R. 490 5]

'j-,, pi.,>Yitie for the couvyyance of certam real proijerty < f the Federal Govenunept » to the Board of Public lustniction. Okaloos;! Comity, Florida.

Okaloosa County, Fla. Real property conveyance.

Description.

OkaloosaWalton Junior College site.

Be it enacted by the Senate and Hou^^e of Representatives of the United States of America in Congresis assembled, That, subject to section 3 of this Act, the Secretary of the Air Force shall donate, grant, and convey to the Board of Public Instruction for the County of Okaloosa, Florida, all right, title, and interest of the United States in and to the real property described in section 2 of this A<'t for use as a permanent site for Okaloosa-Walt on Junior College. SEC. 2. The real property referred to in the first section of this Act is more particularly described as follows: Beginning at the southeast corner of section 31, township 1 north, range 22 west, run north 0 degrees 25 minutes east 2,800.00 feet; thence north 88 degrees 48 minutes west 2,100.00 feet to concrete monument; thence south 0 degrees 25 minutes west 2,800.00 feet to a concrete monument; thence south 88 degrees 48 minutes east 2,100.00 feet to point of beginning. Also: Beginning at the southwest corner of section 32, township I north, range 22 west, run north 0 degrees 25 minutes east 2,800.00 feet to a concrete monument; thence south 88 degrees 48 minutes east, 2,000.00 feet; thence south 0 degrees 25 minutes west 2,800.00 feet to a concrete monument; thence north 88 degrees 48 minutes west 2,000.00 feet to point of beginning. All containing 263.544 acres. According to redependent survey 1937. SEC. 3. The conveyance provided for by the first section of this Act shall be subject to the condition that the real property so conveyed shall be used as a permanent site for Okaloosa-Walton Junior College and if such property is not used for such purpose, all right, title, and interest in and to such real property shall revert to the United States, which shall have the right of immediate entry thereon, and to such other conditions as the Secretary of the.Vir Force may prescribe to protect the interest of the United States. Approved September 11, 1965.

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PUBLIC LAW 89-182-SEPT. 14, 1965

679

Public Law 89-181 AN ACT

September 11, 1965

To increase the authorization of appropriations for the support of the Gorgas Memorial Laboratory.

[S. 5ii]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, effective for ^iilT^b^ i^emofiscal years ending after June 30, 1963, the first section of the Act "^ ^ oratory. entitled "An Act to authorize a permanent annual appropriation for the maintenance and operation of the Gorgas Memorial Laboratory", approved May 7, 1928, as amended (45 Stat. 491; 22 U.S,C. 278), is ^3 Stat. 573. amended by striking out "$250,000" and inserting in lieu thereof "not to exceed $500,000". Approved September 11, 1965. Public Law 89-182 AN ACT

September 14, 1965 rS 9491

To promote commerce and encourage economic growth by supporting State and interstate programs to place the findings of science usefully in the hands of American enterpri>«e.

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

of the

DECLARATION OF PURPOSE

1. That Congress finds that wider diffusion and more effective application of science and technology in business, commerce, and industry are essential to the growth of the economj^, to higher levels of employment, and to the competitive position of United States products in world markets. The Congress also finds that the benefits of federally financed research, as well as other research, must be placed more effectively in the hands of American business, commerce, and industrial establishments. The Congress further finds that the several States through cooperation with universities, communities, and industries can contribute significantly to these purposes by providing technical services designed to encourage a more effective application of science and technology to both new and established business, commerce, and industrial establishments. The Congress, therefore, declares that the purpose of this Act is to provide a national program of incentives and support for the several States individually and in cooperation with each other in their establishing and maintaining State and interstate technical service programs designed to achieve these ends. SECTION

DEFINITIONS

SEC. 2. For the purposes of this Act— (a) "Technical services" means activities or programs designed to enable businesses, commerce, and industrial establishments to acquire and use scientific and engineering infonnation more effectively through such means as— (1) preparing and disseminating technical reports, abstracts, computer tapes, microfilm, reviews, and similar scientific or engineering information, including the establishment of State or interstate technical information centers for this purpose;

'

state Technical Services Act of 1965.

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PUBLIC LAW 89-182-SEPT. 14, 1965

[79 STAT.

(2) providing a reference service to identify sources of engineering and other scientific expertise; and (3) sponsoring industrial workshops, seminars, training programs, extension courses, demonstrations, and field visits designed to encourage the more effective application of scientific and engineering information. (b) "Designated agency" means the institution or agency which has been designated as administrator of the program for any State or States under section 3 or section 7 of this Act. (c) "Qualified institution" means (1) an institution of higher learning with a program leading to a degree in science, engineering, or business administration which is accredited by a nationally recognized accrediting agency or association to be listed by the United States Commissioner of Education, or such an institution which is listed separately after evaluation by the United States Commissioner of Education pursuant to this subsection; or (2) a State agency or a private, nonprofit institution which meets criteria of competence established by the Secretary of Commerce and published in the Federal Eegister. For the purpose of this subsection the United States Commissioner of Education shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of science, engineering, or business education or training offered. When the Commissioner determines that there is no nationally recognized accrediting agency or association (][ualified to accredit such programs, he shall publish a list of institutions he finds qualified after prior evaluation by an advisory committee, composed of persons he determines to be specially qualified to evaluate the training provided under such programs. (d) "Participating institution" means each qualified institution in a State, which participates in the administration or execution of the State technical services program as provided by this Act. (e) "Secretary" means the Secretary of Commerce. (f) "State" means one of the States of the United States, the District of Columbia, the (Commonwealth of Puerto Rico, or the Virgin Islands. (g) "Governor", in the case of the District of Columbia, means the Board of Commissioners of the District of Columbia. SELECTION o r

DESIGNATED

AGENCY

SEC. 3. The Governor of any State which wishes to receive Federal payments under this Act in support of its existing or planned technical services program shall designate, under appropriate State laws and regulations, an institution or agency to administer and coordinate that program and to prepare and submit a plan and programs to the Secretary of Commerce for approval under this Act. PLANS AND

PROGRAMS

SEC. 4. The designated agency shall prepare and submit to the Secretary in accordance with such regulations as he may publish— Five-year plan. ^^^^ ^ five-yeaT plan which may be revised annually and which shall: (1) outline the technological and economic conditions of the State, taking into account its region, business, commerce, and its industrial potential and identify the major regional and industrial problems; (2) identify the general approaches and methods to be used m the solution of these problems and outline the means for measuring the impact of such assistance on the State or regional economy; and

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79 STAT. ]

(3) explain the methods to be used in administering and coordinating the technical services program. (b) An annual technical services program which shall (1) identify specific methods, which may include contracts, for accomplishing particular goals and outline the likely impact of these methods in terms of the five-year plan; (2) contain a detailed budget, together with procedures for adequate fiscal control, fund accounting, and auditing, to assure proper disbursement for funds paid to the State under this Act; and (3) indicate the specific responsibilities assigned to each participating institution in the State. REVIEW OF P L A N S A N D PROGRAMS BY

SECRETARY

SEC. 5. The Secretary shall not accept the five-year plan of a State for review and approval under this Act unless the Governor of the State or his d e s i ^ e e determines and certifies that the plan is consistent with State policies and objectives; and the Secretary shall not accept an annual technical services program for review and approval under this Act unless the designated agency has, as certified thereto by the Governor or his designee— (a) invited all qualified institutions in the State to submit proposals for providing technical services under the Act; (b) coordinated its programs with other States and with other publicly supported activities within the State, as appropriate; (c) established adequate rules to insure that no officer or employee of the State, the designated agency, or any participating institution, shall receive compensation for technical services he performs, for which funds are provided under this Act, from sources other than his employer, and shall not otherwise maintain any private interest in conflict with his public responsibility; (d) determined that matching funds will be available from State or other non-Federal sources; (e) determined that such technical services program does not provide a service which on the date of such certification is economically and readily available in such State from private technical services, professional consultants, or private institutions; (f) planned no services specially related to a particular firm or company, public work, or other capital project except insofar as the services are of general concern to the industry and commerce of the community, State, or region; (g) provided for making public all reports prepared in the course of furnishing technical services supported under this Act or for making them available at cost to any person on request. APPROVAL BY SECRETARY

SEC. 6. The Secretary shall review the five-year plan and each annual program submitted by a designated agency under section 4 or section 7, and shall approve only those which (1) bear the certification required by the Governor or his designee under section 5; (2) comply with regulations and meet criteria that the Secretary shall promulgate and publish in the Federal Register; and (3) otherwise accomplish the purposes of this Act. INTERSTATE PROGRAMS

SEC. 7. Two or more States may cooperate in administering and coordinating their plans and programs supported under this Act, in which event all or part of the sums authorized and payable under section 10 to all of the cooperating States may be paid to the designated 49-850 0-66—46

Annual technical services program.

Conflict of interest.

Availability of information,,

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[79 STAT.

agency, participating institutions, or persons authorized to receive them under the terms of the agreement between the cooperating States. When the cooperative agreement designates an interstate agency to act on behalf of all of the cooperating States, it shall submit to the Secretary for review and approval under section 6 an interstate fiveyear plan and an annual interstate technical services program which, as nearly as practicable, shall meet the requirements of section 4 and section 5. CONSENT OF CONGRESS Interstate compacts.

SEC. 8. (a) The consent of the Congress is given to any two or more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance and in designating agencies, under section 7, for accomplishing the purposes of this Act. (b) The n ^ h t to alter, amend, or repeal this section, or consent granted by this section, is expressly reserved. ADVISORY COUNCIL

Reports.

Expenses.

SEC. 9. Each designated agency shall appoint an advisory council for technical services, the members of which shall represent broad community interests and shall be qualified to evaluate programs submitted under section 4. The advisory council shall review each annual program, evaluate its relation to the purposes of this Act, and report its findings to the designated agency and the Governor or his designee. Each report of each advisory council shall be available to the Secretary on request. Members of any such advisory fcouncil shall not be compensated for serving as such, but may be reimbursed for necessary expenses incurred by them in connection with attending meetings of any advisory council of which they are members. AUTHORIZATION OF APPROPRIATIONS AND PAYMENTS

Publication in Federal Register.

Publication in Federal Register.

SEC. 10. (a) There are authorized to be appropriated for the purposes of this Act, $10,000,000 for the fiscal year ending June 30, 1966; $20,000,000 for the fiscal year ending June 30, 1967; $30,000,000 for the fiscal year ending June 30, 1968. (b) From these amounts, the Secretary is authorized to make an annual payment to each designated agency, participating institution, or person authorized to receive payments in support of each approved technical services program. Maximum amounts which may be paid to the States under this subsection shall be fixed in accordance with regulations which the Secretary shall promulgate and publish in the Federal Register from time to time, considering (1) population according to the last decennial census; (2) business, commercial, industrial and economic development and productive efficiency; and (3) technical resources. (c) The Secretary may reserve an amount equal to not more than 20 per centum of the total amount appropriated for each year under this section and is authorized to make payments from such amount to any designated agency or participating institution for technical services programs which he determines have special merit or to any qualified institution for additional programs which he determines are necessary to accomplish the purposes of this Act, under criteria and regulations that he shall promulgate and publish in the Federal Register.

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683

PUBLIC LAW 89-182-SEPT. 14, 1965

(d) An amount equal to not more than 5 per centum of the total amount appropriated each year under this section shall be available to the Secretary for the direct expenses of administering this Act. (e)(1) No amount paid for any technical services program under subsection (b) or (c) shall exceed the amount of non-Federal funds expended to carry out such program: Provided, That the Secretary may pay an amount not to exceed $25,000 a year for each of the first three fiscal years to each designated agency, other than a designated agency under section 7, to assist in the preparation of the five-year plan and the initial annual technical services p r o - a m s, without regard to any of the preceding requirements of this section. (2) No funds appropriated pursuant to the provisions of this section shall be paid to any designated agency, participating institution, or person on account of any such agency or institution, to carry out any technical services activity or program in any State if such activity or program duplicates any activity or program readily available in such State from Federal or State agencies, including publicly supported institutions of higher learning in such State. ASSISTANCE BY THE

Restrictions.

SECRETARY

SEC. 11. The Secretary is authorized and directed to aid designated agencies in carrying out their technical services programs by providing reference services which a designated agency may use to obtain scientific, technical, and engineering information from sources outside the State or States which it serves, for the purposes of this Act. RULES A N D REGULATIONS

SEC. 12. The Secretary is authorized to establish such policies, standards, criteria, and procedures and to prescribe such niles and regulations as he may deem necessary or appropriate for the administration of this Act. LIMITATIONS

SEC. 13. (a) Nothing contained in this Act shall be construed as authorizing a department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over, or impose any requirements or conditions with respect to the personnel, curriculum, methods of instruction, or administration of any educational institution. (b) Nothing contained in this Act shall be deemed to affect the functions or responsibilities under law of any other department or agency of the United States. ANNUAL

REPORT

SEC. 14. (a) Each designated agency shall make a.n annual report to the Secretary on or before the fii*st day of September of each year on the work accomplished mider the teclmical services program and the status of current services, together with a detailed statement of the amounts received under any of the provisions of this Act during the preceding fiscal year, and of their disbursement. (b) The Secretary shall make a complete report with respect to pr^s?dent*'Lnd the administration of this Act to the President and the Congress not congress. later than January 31 following the end of each fiscal year for which amounts are appi-opriated pursuant to this Act.

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[79 STAT.

EVALUATION P u b l i c committee, appointment.

Report.

SEC. 15. Within three years from the date of the enactment of this Act, the Secretary shall appoint a public committee, none of the members of which shall have been directly concerned with the preparation of plans, administration of programs or participation in programs under this Act. The Committee shall evaluate the significance and impact of the program under this Act and make recommendations concerning the program. A report shall be transmitted to the Secretary within sixty days after the end of such three-year period. TERMINATION"

Noncompliance.

ggc. 16. Whenever the Secretary, aftcT rcasomible iiotice and Opportunity for hearing to any designated agency or participating institution receiving funds under this Act finds that— (a) the agency or institution is not complying substantially with provisions of this Act, with the regulations promulgated by the Secretary, or with the approved annual technical services program; or (b) any funds paid to the agency or institution under the provisions of this Act have been lost, misapplied, or otherwise diverted from the purposes for which they were paid or furnished— the Secretary shall notify such agency or institution that no further payments will be made under the provisions of this Act until he is satisfied that there is substantial compliance or the diversion has been corrected or, if compliance or correction is impossible, until such agency or institution repays or arranges for the repayment of Federal funds which have been diverted or improperly expended. REPAYMENT

SEC. 17. Upon notice by the Secretary to any desi^ated agency or participating institution that no further payments will be made pending substantial compliance, correction, or repayment under section 16, any funds which may have been paid to such agency or institution under this Act and which are not expended by the agency or institution on the date of such notice, shall be repaid to the Secretary and be deposited to the account of the appropriations from which they originally were paid. RECORDS

SEC. 18. (a) Each recipient of a grant under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and the disposition of such grant, the total cost of the related approved program, the amount and nature of the cost of the program supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the recipient that are pertinent to amounts received under this Act, SHORT TITLE

SEC. 19. This Act may be cited as the "State Technical Services Act of 1965". Approved September 14, 1965.

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 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

685

Public Law 89-183 AN ACT

September 14, 1965

To enact Part III of the District of Columbia Code, entitled "Decedents' Estates and Fiduciary Relations", codifying the general and permanent laws relating to decedents' estates and fiduciary relations in the District of Columbia.

[H. R. 4465]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the general P aD.C. Code, r t III. and permanent laws of the District of Columbia relating to wills and ^ Decadents' the probate of wills, descent and distribution, administration of ^?!^*^^ ^"^^ ^ decedents' estates, certain fiduciary relations, including provisions t i o n =^^'"y ' "'s. relating to guardians and wards, gifts to minors, and fiduciaries generally, and the mentally ill, are revised, codified, and enacted as Part III of the District of Columbia Code, "Decedents' Estates and Fiduciary Relations", and may be cited "D.C. Code § —", as follows:

PART III DECEDENTS' ESTATES AND FIDUCIARY RELATIONS TITLE

SECTION

18. WILLS AND PROBATE OF WILLS 19. DESCENT AND DISTRIBUTION 20. ADMINISTRATION OF DECEDENTS' ESTATES 21. FIDUCIARY RELATIONS AND THE MENTALLY ILL

18-101 19-101 20-101 21-101

TITLE 18—WILLS AND PROBATE OF WILLS CHAPTEB 1. GENEKAL PROVISIONS 3. DEVISES AND BEQUESTS 5. PBOBATE OF WILLS

Sec. 18-101 18-301 1&-501

CHAPTER 1—GENERAL PROVISIONS Sec. 18-101. 18-102. 18-103. 18-104. 18-105. 18-106. 18-107. 18-108. 18-109. 18-110. 18-111. 18-112.

Definitions. Capacity to make a will. Execution of written will; attestation. Devises, legacies, etc., to attesting witnesses. Retention or demand of void devise or legacy by attesting witness prohibited. Creditors as competent witnesses. Nuncupative wills. Execution of power by will. Revocation of wills; revival. Opening will before delivery to Probate Court. Withholding wilL Taking and carrying away, or destroying, mutilating, or secreting will.

§ 18-101. Definitions As used in this title, unless the context requires a different meaning: words importing the singular include the plural, and words importing the plural include the singular; words importing the masculine gender include all genders; the present tense includes the future as well as the present; "District Court" means the United States District Court for the District of Columbia; and "Probate Court" and "court", respectively^ mean the United States District Court for the District of Columbia m the exercise of its probate jurisdiction.

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§ 18-102. Capacity to make a will A will, testament, or codicil is not valid for any purpose unless the person making it is: (1) if a male, at least 21 years of age; or (2) if a female, at least 18 years of age— and, at the time of executing or acknowledging it as provided by this chapter, of sound and disposing mind and capable of executing a valid deed or contract. § 18-103. Execution of written will; attestation A will or testament, other than a will executed in the manner provided by section 18-107, is void unless it is: (1) in writing and signed by the testator, or by another person in his presence and by his express direction; and (2) attested and subscribed in the presence of the testator, by at least two credible witnesses. § 18-104. Devises, legacies, etc., to attesting witnesses (a) A beneficial devise, legacy, estate, interest, gift, or power of appointment of or affecting real or personal estate, given or made to an attesting witness to a will or codicil is void as to him and persons claiming under him, except as provided by subsections (b) and (c) of this section. (b) Where an interested witness to a will or codicil, referred to in subsection (a) of this section, would be entitled to a share of the estate of the testator in case the will or codicil were not established, he or persons claiming under him shall take such portion of the devise or bequest made to him in the will or codicil as does not exceed the share of the estate which would be distributed to him or persons claiming under him in case of intestacy. (c) The voidance provided for by subsection (a) of this section does not apply to charges on real estate for the payment of debts. (d) Notwithstanding subsection (a) of this section, an interested witness referred to therein, whether an heir at law or not, is not disqualified as a competent witness to the execution of the will or codicil by reason of his interest. § 18-105. Retention or demand of void devise or legacy by attesting witness prohibited A person to whom a beneficial devise, legacy, estate, interest, gift, or power of appointment is given or made in a will or codicil, which is void under section 18-103, may not, in any manner or under any color or pretense whatsoever: (1) demand or take possession of or receive any profits or benefit of or from the devise, legacy estate, interest, gift, or power of appointment so given or made; or (2) demand, receive, or accept from another person the beneficial devise, legacy estate, interest, gift, or power of appointment or any satisfaction or compensation therefor. § 18-106. Creditors a s competent witnesses A mere charge in a will or codicil on the estate of a testator for the payment of debts does not disqualify a creditor from being a competent witness to the will or codicil. § 18-107. Nuncupative wills A nuncupative will made after January 1, 1902, is not valid in the District of Columbia except that a person in actual military or naval service or a mariner at sea may dispose of his personal property by word of mouth, if: (1) his oral disposition of the property is proved by at least two witnesses who were present at the making thereof and were

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requested by the testator to bear witness that the disposition was his last will; and (2) the will is made during the time of the last illness of the deceased; and (3) the substance of the will is reduced to writing within 10 days after it was made. § 18-108. Execution of power by will A n appointment made by will in the exercise of a power is not valid unless it is so executed that it would be valid for the disposition of the property to which the power applies if it belonged to the testator. § 18-109. Revocation of wills; revival (a) A will or codicil, or a part thereof, may not be revoked, except by implication of law, otherwise than by (1) a later will, codicil, or other writing declaring the revocation, executed as provided by section 18-103 or 18-107; or (2) burning, tearing, cancelling, or obliterating the will or codicil, or the part thereof, with the intention of revoking it, by the testator himself, or by a person in his presence and by his express direction and consent. (b) A will or codicil, or a part thereof, after it is revoked, may not be revived otherwise than by its re-execution, or by a codicil executed as provided in the case of wills, and then only to the extent to which an intention to revive is shown. § 18-110. Opening will before delivery to Probate Court A person having possession or custody of a testamentary instrument may, after the death of the testator, open and read it in the presence of near relatives of the deceased, who may conveniently have notice thereof, and of other persons, and immediately thereafter may deliver the will or codicil to the Probate Court or the Register of Wills, until proceedings may be held for the purpose of proving it or other action is taken thereon. § 18-111. Withholding will Whoever, having possession of a testamentary instrument, willfully neglects, for the period of 90 days after the death of the testator becomes known to him, to deliver it to the Probate Court, or to the Register of Wills, or to an executor named in the instrument, shall be fined not more than $500. § 18-112. Taking and carrying away, or destroying, mutilating, or secreting will Whoever, during the life or after the death of the testator, for a fraudulent purpose, takes and carries away, or destroys, mutilates, or secretes, a testamentary instrument, shall be imprisoned not more than five years. CHAPTER 3—DEVISES A N D BEQUESTS Sec. 18-301. 18-302. 18-303. 18-304. 18-305. 18-306. 18-307. 18-308.

Estates disposable by will. Devises or bequests for religions purposes. General devise and bequest of all property. Devise of land to include leaseholds. After-acquired real property. "Pour-over" trusts. Advancement as satisfaction of devise or bequest. Death of devisee or legatee; lapsed or void devises or bequests.

§ 18-^01. Estates disposable by will The real and personal estate of a person, which may pass by deed or gift, or which would, in case of the owner's dying intestate, descend to or devolve upon his heirs or other legal representatives, may be

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disposed of, transferred, and passed by his last will, testament, or codicil, in accordance with this Part. § 18-302. Devises or bequests for religious purposes A devise or bequest of real or personal property to a minister, priest, rabbi, public teacher, or preacher of the gospel, as such, or to a religious sect, order, or denomination, or to or for the support, use, or benefit thereof, or in trust therefor, is not valid unless it is made at least 30 days before the death of the testator. § 18-303. General devise and bequest of all property A devise and bequest purporting to be of all real or personal property, or both, belonging to the testator, includes also all property of either or both kinds, respectively, over which he has a general power of appointment, unless a contrary intention appears in the testamentary instrument containing the devise or bequest. § 18-304. Devise of land to include leaseholds A devise of the land of a testator, or of his land in any place, or in the occupation of a person named or otherwise described in a general manner, includes his leasehold estates or those to which the descriptions extend, as well as freehold estates, unless a contrary intention appears in the testamentary instrument containing the devise. § 18-305. After-acquired real property (a) A will executed after January 17, 1887, and before January 1, 1902, devising real property, from which it appears that it was the intention of the testator to devise property acquired after the execution of the will, operates as a valid devise of all after-acquired real property. (b) A will executed after January 1, 1902, which by words of general import devises all the estate or all the property of the testator, operates as a valid devise of real property acquired by the testator after the execution of the will, unless it appears therefrom that it was not the intention of the testator to devise the after-acquired real property. § 18-306. "Pour over" trusts (a) BEQUESTS OR DEVISES TO TRUSTEE UNDER, OR IN ACCORDANCE W I T H TERMS OF, EXISTING TRUSTS.—A devise or bequest may be made

in a will or codicil, otherwise valid, in form or substance to the trustees under, or in accordance with the terms of, a written inter vivos trust, including an unfunded life insurance trust, although the settlor has reserved rights of ownership in the insurance contracts, which has been executed and is in existence prior to or contemporaneously with the execution of the will or codicil and is identified in the will or codicil, without regard to the size or character of the corpus of the trust, or whether the settlor is the testator or a third person. The devise or bequest is not invalid because the trust is subject to amendment or modification or may be terminated or revoked after the will or codicil is executed, whether by the settlor or any other person or persons, nor because the trust instrument or an amendment thereto was not executed in the manner required by law for wills or codicils. Unless the will or codicil otherwise provides: (1) the devise or bequest is not invalid because the trust was amended or modified after the will or codicil was executed, and the devise or bequest shall be given effect in accordance with the terms of the trust as they appear in writing on the date of death of the testator, including any amendment or modification; (2) property passing under the devise or bequest passes directly to the trustees or the inter vivos trust and becomes a part

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of the assets of the trust, and is not deemed to be held under a separate testamentary trust; (3) an entire revocation of the trust prior to the death of the testator invalidates the devise or bequest even though the revocation was not effected in the manner provided by law for the revocation of wills and codicils; (4) a termination of the trust, except by way of revocation, in accordance with the terms of the trust or by its exhaustion or by operation of law or otherwise does not invalidate the devise or bequest. (b) BEQUESTS OR DEVISES TO TRUSTEE UNDER, OR I N ACCORDANCE W I T H TERMS OF, TESTAMENTARY TRUSTS.—A devise or bequest may be

made in a will or codicil, otherwise valid, in form or substance to the trustees under, or in accordance with the terms of, a testamentary trust established under another valid will or codicil. The devise or bequest is not invalid because the testamentary trust or the will or codicil establishing the testamentary trust was not in existence when the will or codicil containing the devise or bequest was executed, if the testator of the will or codicil establishing the testamentary trust predeceases the testator of the will or codicil containing the devise or bequest, and the will or codicil establishing the testamentary trust is admitted to probate. Unless the will otherwise provides: (1) property passing under the devise or bequest is deemed to pass directly to the trustees of the testamentary trust and becomes a part of the assets of the trust, and is not deemed to be held under a separate testamentary trust; (2) a termination of the trust in accordance with the terms of the trust or by its exhaustion or by operation of law or otherwise does not invalidate the devise or bequest. (c) This section applies to a devise or bequest made by a testator living on December 5, 1963, or born subsequent thereto, without regard to the date of execution of the will or codicil containing the devise or bequest or of the trust instrument, or an amendment thereto. (d) This section does not affect the validity, as existing before December 5, 1963, of: (1) a devise or bequest made by a testator who died prior to December 5, 1963; or (2) a devise or bequest which does not come within this section. § 18-307. Advancement as satisfaction of devise or bequest An advancement or a provision for an advancement to a person is a satisfaction, in whole or in part, of a devise or bequest to that person contained in a previous will if it would be so deemed in case the devisee or legatee were the child of the testator; and, whether he is a child or not, it shall be so deemed where it appears from parol or other evidence to be so intended. § 18-308. Death of devisee or legatee; lapsed or void devises or bequests Unless a different disposition is made or required by the will, if a devisee or legatee dies before the testator, leaving issue who survive the testator, the issue shall take the estate devised or bequeathed as the devisee or legatee would have done if he had survived the testator. Unless a contrary intention appears b ^ the will, the property comprised in a devise or bequest m a will that fails or is void or is otherwise incapable of taking effect, shall be deemed included in the residuary devise or bequest, if any, contained in the will.

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CHAPTER 5—PROBATE OF WILLS Sec. 18-501. 18-502. 18-503. 18-504. 18-505. 18-506. 18-507. 18-508. 18-509. 18-510. 18-511. 18-512. 18-513. 18-514.

Notice of petition for probate. Notice to nonresidents and unfound residents. Notice to unlinown kin or heirs at law. Probate; waiver of notice; proof of execution. Proof of wills; testimony; witnesses outside District. Appearance of persons not cited. Admission to probate. Caveat; will not to be. probated while issues pending. Caveat; time for filing. Prior will not to be probated pending issues. Guardian ad litem. Plenary proceedings. Trial of issues; jury; notice; service; absent parties; judgment. Wills filed prior to June 8, 1898, may be probated as of real estate.

§ 18-501. Notice of petition for probate (a) Upon the filing of a petition for probate of a will, the notice provided by this section and sections 18-502 and 18-503, shall be issued to each person who would be entitled to or interested in the estate of the testator if the will had not been executed, to appear in the Probate Court on a date named in the notice, if he has cause to show why the prayer of the petition should not be granted. (b) The notice may be by a citation in which the return date named is not earlier than 10 days after the filing of the petition. The United States marshal or deputy marshal shall serve the citation in the District of Columbia not less than 5 days before the return day named in the citation. § 18-502. Notice to nonresidents and unfound residents (a) Where a person entitled to notice under section 18-501 (a) is a nonresident of the District of Columbia or is a resident of the District who has been returned "Not to be found" under subsection (b) of that section, the notice may be by a citation in which the return date named is not less than 20 days after the filing of the petition. The citation shall be served not less than 10 days before the return date named therein and only by a person not less than 18 years of age, who is not a party to or otherwise interested in the estate of the decedent. The return, showing the time and place of service, shall be made under oath in the District of Columbia, unless the person making the service is a sheriff or deputy sheriff, or a marshal or deputy marshal, authorized to serve process where service is made. (b) When there is proof by the petition for probate or by other affidavit that any or all of the persons, interested as described by section 18-501 (a), are nonresidents of the District of Columbia, or when any of them has been returned "Not to be found" under subsection (b) of that section, the notice may be by a publication in which the return date named is not less than 30 days after the date of the first appearance of the publication. The notice shall be published once in each of three successive weeks in a newspaper of general circulation in the District of Columbia. A copy of the published notice shall be mailed to the last-known address of each person referred to in this subsection who is not shown to have been returned served personally under section 18-501 (b) or subsection (a) of this section. The court may by general rule prescribe the form of the notice by publication, and may order such other publication as the case requires. § 18-503. Notice to unknown kin or heirs at law (a) When it appears to the satisfaction of the court that all or any of the next of kin or heirs at law of the deceased are unknown, they may be proceeded against and described in the publication of notice provided for by section 18-502 (b) as "the unknown next of kin,"

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or "the unknown heirs at law," as the case may be, of the deceased, and the publication of the notice under that designation is as effectual against them as if known and their names were specifically set forth in the order of publication. (b) If a will was admitted to probate prior to June 30, 1902, upon publication against unknown next of kin or heirs, a person interested may file a petition for further probate of the will, alleging that the next of kin or heirs at law of the deceased, or some of them, as the case may be, are unknown, and upon satisfactory showing being made to the court publication of notice may be made against the unknown next of kin or heirs at law of the deceased. Upon the publication being made, as required by the court, a decree may be made confirming the previous probate. The decree is as effectual as if the unknown next of kin or heirs at law were named in the order of publication. § 18-504. Probate; waiver of notice; proof of execution When the notice prescribed by sections 18-501 to 18-503 has been completed or if all parties interested adversely to the will have waived the notice and consent that the will be admitted to probate and record, the court shall proceed, if a caveat is not filed, to take the proofs, or to consider the proofs theretofore taken, of the execution of the will. All the witnesses to the will who are within the District of Columbia and competent to testify shall be produced and examined or the absence of any of them satisfactorily accounted for. A will may not be admitted to probate and record except upon formal proof of its proper execution. § 18-505. Proof of wills; testimony; witnesses outside District (a) When a will contains a devise of real estate, and an attesting witness thereto residing in the District of Columbia is unable to attend the court, the Register of Wills may, with the will, attend upon the witness and take his testimony. When the testimony of resident attesting witnesses to the will has been taken, and other attesting witnesses reside out of the District or are temporarily absent from the District, but are within the United States, it is sufficient, for the purpose of proving the will, to prove the signatures of the nonresident and temporarily absent witnesses. (b) When the attesting witnesses to a will mentioned in subsection (a) of this section are out of the District as specified in that subsection, or if one or more are within the United States and one or more are in a foreign country, it is sufficient, for the purpose of proving the will, to take the testimony of any one or all of them within the United States, as the Probate Court determines, and to prove the signatures of those whose testimony is not required to be taken. (c) If all the attesting witnesses to a will mentioned in subsection (a) of this section are out of the United States, it is sufficient, for the purpose of proving the will, to take the testimony of such of them as the court requires, and to prove the signatures of the others. (d) The Federal Rules of Civil Procedure apply to the taking and use of testimony of out-of-District witnesses as provided by this section. The original will or codicil shall be sent with the notice or order of appointment or commission, or letters rogatory, and exhibited to the witnesses. (e) A notice of the time and place of taking testimony need not be given unless probate is opposed. § 18-506. Appearance of persons not cited A person, although not cited, who is interested in sustaining or defeating a will, may appear and support or oppose the application to admit it to probate.

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§ 18-507. Admission to probate When, upon hearing the proofs, the court is of the opinion that the will was duly executed and the testator was competent to execute it, and a caveat is not filed against the admission of the will to probate, the court shall decree that the will be admitted to probate and record. § 18-508. Caveat; will not to be probated while issues pending If, prior to or upon the hearing of an application to admit a will to probate, a party in interest files a verified caveat in opposition, setting forth facts inconsistent with the validity of the will, the will may not be admitted to probate until the issues raised by the caveat are determined, as directed by this chapter. § 18-509. Caveat; time for filing After a will has been admitted to probate, a person in interest may, within six months from the date of the order of probate, file a verified caveat to the will, praying that the probate thereof be revoked. § 18-510. Prior will not to be probated pending issues While issues raised by a caveat are pending, either for trial or on appeal, a prior will may not be admitted to probate. § 18-511. Guardian ad litem When a party interested as specified by this chapter is an infant or of imsound mind, the court shall appoint a guardian ad litem to represent him at the hearing of the application to admit the will to probate, with authority to file a caveat, as he may be advised, in behalf of the interested party. § 18-512. Plenary proceedings I n all cases of controversy the court may direct a plenary proceeding to be had, by bill or petition, to which there shall be answer under oath, which may be compelled by the usual process, and all the depositions shall be taken down in writing and filed; or, if either party requires it, the court shall direct an issue to be framed for trial by a jury. § 18-513. Trial of issues; jury; notice; service; absent parties; judgment (a) When a caveat is filed, issues shall be framed under the direction of the court for trial by a jury, except that, if all persons interested are sui juris and before the court, and give written consent to trial without a jury, the issues may be tried and determined by the court. When the issues are to be tried by a jury, they are triable in the Probate Court by petit jurors drawn for regular service in the District Court. (b) At least 10 days prior to the time of trial of the issues as to a will, each heir at law or next of kin of the decedent, or both together, as the case requires, and each person claiming under the will in question or other instrument on file purporting to be a will of the decedent, shall be served with a copy of the issues and a notification of the time and place of the trial. Before the trial, the court shall appoint a guardian ad litem for each of them who is an infant or of unsound mind. (c) If, as to a party in interest, the notification provided for by subsection (b) of this section is returned "Not to be found", the court shall assign a new day for the trial, and shall order publication, at least twice a week for a period of not less than four weeks, of the substance of the issues and of the date fixed for the trial thereof, in a newspaper of general circulation in the District of Columbia, and may order such further publication as the case requires. Personal service upon absent parties is not essential to the jurisdiction of the court. From time to

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