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PUBLIC LAW 89-275-OCT. 20, 1965

[79 STAT.

Public Law 89-275 October 20, 1965 [H. R. 1805]

Armed Forces. Naval and Marine Corps Reserve, promotion authority. 72 Stat. 1503; 74 Stat. 274.

Effective date.

AN ACT To amend section oHOJ) of title 10, T.'nited States Cmle. to provide perinanent authority under which Naval Reserve officers in the grade of captain shall be eligible for consideration for pi-oniotion when their running mates are eligible for consideration for promotion. Be, it enacted by the Senate and Hou'^e of RepreHentativei^ of the United States of America in Congress assembled, That section 5899(a) of title 10, United States Code, is amended— (1) by striking out "However, until July 1, 1961, an officer in the grade of captain is eligible for consideration for promotion when his running mate is eligible for consideration for promotion."; and (2) by adding the following: "However, an officer in the grade of captain is eligible for consideration for promotion when his running mate is eligible for consideration for promotion. Wlien more than one officer in the grade of captain is to be selected for promotion from among line officers or from among officers in any one staff corps, at least one-half of the officers selected in the category concerned must be officers who are in the promotion zone or senior to such officers,'' SEC, 2. Section 5899(b) of title 10, ignited States Code, is amended by adding the following: "However, an officer in the grade of colonel is eligible for consideration for promotion when hig running mate is eligible for consideration for promotion. When more than one officer in the grade of colonel is to be selected for promotion, at least one-half of the officers selected must be officers who are in the promotion zone or senior to such officers." SEC. 3. The last sentence of section 5899(a) and the last sentence of section 5899(b) of title 10, United States Code, added by this Act become effective July 1, 1967. Approved October 20, 1965.

Public Law 89-276 October 20, 1965 [S, 1516]

Federal buildings. Contracts for inspection, e t c., of equipment. 64 Stat. 580; 72 Stat. 1709.

AN ACT To amend the Federal Property and Administrative Services Act of 1949, as amended, so as to authorize the Administrator of General Services to enter into contracts for the inspection, maintenance, and repair of fixed equipment in federally owned buildings for periods not to exceed three years, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 210(a) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 4 9 0 (a)), is further amended (1) by striking out the word "and" where it last appears in subsection (12) thereof; (2) by striking out the period at the end of subsection (13) thereof, and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding the following new subsection at the end of such section 2 1 0 (a): "(14) to enter into contracts for periods not exceeding three years lor the inspection, maintenance, and repair of fixed equipment in such buildings which are federally owned." Approved October 20, 1965.

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PUBLIC LAW 89-279-OCT. 20, 1965

1011

Public Law 89-277 .AN ACT To extend the penalty for assault on a police ofllcer in the District of Columbia to assaults on employees of penal and correctional institutions and places of confinement of juveniles of the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembledyTh&t subsection (a) of section 432 of the Revised Statutes relating to the District of Columbia (D.C. Code, sec. 22-505) is amended by inserting after "District of Columbia" the following: ", or any officer or employee of any penal or correctional institution of the District of Columbia, or any officer or employee of the government of the District of Columbia charged with the supervision of juveniles bein^ confined pursuant to law in any facility of the District of Columbia, whether such institution or facility is located within the District of Columbia or elsewhere,". Approved October 20, 1965.

October 20, 1965 [S. 1715]

D. C. correctional officers. Assault penalty. 67 Stat. 95.

Public Law 89-278 AN ACT To amend title 37, United States Code, to authorize payment of incentive pay for submarine duty to personnel qualified in submarines attached to staffs of submarine operational commanders.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 301(a)(2) of title 37, United States Code, is amended by inserting after the words, "personnel qualified in submarines," the words, "as a member of a submarine operational command staff whose duties require serving on a submarine during underway operations— "(a^ During one calendar month: 48 hours " (b) During any two consecutive calendar months when the requirements of clause (a) above have not been met: 96 hours "(c) During any three consecutive calendar months when the requirements of clause (b) above have not been met: 144 hours,". Approved October 20, 1965.

October 20, 1965 [H. R. 5571]

Armed Forces. Submarine personnel, hazardous duty pay. 77 Stat. 215.

Public Law 89-279 AN ACT To authorize the disposal, without regard to the prescribed six-month waiting period, of approximately ninety-seven million pounds of abaca from the national stockpile.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of General Services is hereby authorized to dispose of approximately ninety-seven million pounds of abaca now held in the national stockpile. Such disposal may be made without regard to the provision of section 3(e) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b (e)) that no disposition of materials held in the national stockpile shall be made prior to the expiration of six months after the publication in the Federal Register and the transmission to the Congress and to the Armed Services Committees of each House thereof of notice of the proposed disposition. Approved October 20, 1965.

October 20, 1965 [H. R. 6852]

Abaca. Disposal,

60 Stat. 597. Publication in Federal Register.

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PUBLIC LAW 89-280-OCT. 20, 1965

[79 STAT.

Public Law 89-280 October 20, 1965 [H. R. 7059]

Smithsonian Institution. Funds for laboratory maintenance, etc. Appropriation.

Report to Congress.

AN ACT To amend the Act of July 2, IIMO (54 Stat. 724; 20 U.S.C. 79-79e), so as to increase the amount authorized to be appropriated to the Smithsonian Institution for use in carrying out its functions under said Act, and for other purposes.

Be it enacted by the l^enate and House of Representatives of the United States of Atnenea in Co7igress assembled. That section 7 of the Act of July 2, 1940 (54 Stat. 725; 20 U.S.C. 79e), is amended to read: "SEC. 7. There are authorized to be appropriated annually, from money in the Treasury of the Uiiited Stiites not otherwise appropriated, such sums, not to exceed $350,000, as are necessary for the administration of this Act and for the maintenance of laboratory or other facilities provided for carrying out the purposes of this Act." SEC. 2. Section 4(g) of the Act of July 2, 1940 (54 Stat. 725), as modified by section 801 of Reorganization Plan Numbered 3, effective July 16, 1946 (60 Stat. 1101; 20 U.S.C. section 79b(f)), is amended to read as follows: " (g) include in its annual report of its operations to Congress a statement of activities and operations during the preceding year." Approved October 20, 1965.

Public Law 89-281 October 21, 1965 [H. R. 7707]

U. S. C o u r t s. Crier-law c l e r k s, appointment. 62 Stat. 923.

AN ACT To authorize the appointment of crier-law clerks by district judges.

Be it enacted by the Sen/ite and House of Representatives of the United States of America in Congress assembled, That the first paragraph of section 755 of title 28, United States Code, is amended to read as follows: "Each district judge may appoint a crier for the court in which he presides who shall perform also the duties of bailiff and messenger. A crier may perform also the duties of law clerk if he is qualified to do so and the district judge who appointed him designates him to serve as a crier-law clerk. A crier designated to serve as a crier-law clerk shall receive the compensation of a law clerk, but only so much of that compensation as is in excess of the compensation to which he would be entitled as a crier shall be deemed the compensation of a law clerk for the purposes of any limitation imposed by law upon the aggregate salaries of law clerks and secretaries appointed by a district judge." Approved October 21, 1965.

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PUBLIC LAW 89-282-OCT. 21, 1965

1013

Public Law 89-282 AN ACT

\ October 21, 1965

To authorize compensation for overtime work performed by oflBcers and mem- \ bers of the Metropolitan Police force and the Fire Department of the District of Columbia, the United States Park Police force, and the White House Police force, and for other purposes.

[^- ^719]

Be it enacted by the Senate and House of Representatives of the D. C. P o l i United States of America in Congress assembled, That the first'section and Firemen^c e of the Act entitled "An Act to provide a five-day week for officers and ° u.s. park members of the Metropolitan Police force, the United States Park ^'^ijf"- „ Police force and the White House Police force", approved August 15, PoUce! 1950, as amended (D.C. Code, sec. 4-904), is amended to read as 64 Stat. 447, follows: "That (a) for purposes of this Act, the following definitions apply. Definitions. unless the context requires otherwise: "(1) 'Authorizing official' means the Board of Commissioners of the District of Columbia in the cases of the Metropolitan Police force and the Fire Department of the District of Columbia, the Secretary of the Interior in the case of the United States P a r k Police force, and the Secretary of the Treasury in the case of the White House Police force. "(2) 'Administrative workweek' means a period of seven consecutive calendar days. "(3) 'Basic workweek' means a forty-hour workweek, excluding rollcall time, in the case of officers and members of the police forces specified in this Act; a forty-hour workweek in the case of officers and members of the District of Columbia Fire Department other than those in the Firefighting Division; and an average workweek of fortyeight hours in the case of officers and members of the Firefighting Division of the District of Columbia Fire Department. "(4) 'Basic workday' means an eight-hour day excluding rollcall time in the case of officers and members of the police forces specified in this Act; an eight-hour day in the case of officers and members of the District of Columbia Fire Department other than those in the Firefighting Division; and an average twelve-hour workday in the case of officers and members of the Firefighting Division. "(5)(A) 'Off-duty days' means the nonwork days which, when combined with the basic workdays make u p the administrative workweek. " (B) 'Off-duty time' means the time in any basic workday outside the regular tour of an officer or member's duty. "(6) 'Rollcall time' means that time, not exceeding one-half hour each workday which is in addition to each basic workday of the basic workweek for reading of rolls and other preparation for the daily tour of duty. "(7) 'Rate of basic compensation' means the rate of compensation fixed by law for the position held by an officer or member exclusive of any deductions or additional compensation of any kind. "(8) 'Premium pay' means compensation not considered as salary for the purpose of computing deductions for life insurance or for computing annuity payments under the Policemen and Firemen's Retire71 Stat. 39 1. ment and Disability Act. D. C. Code "(9) 'Officer or member' means any employee in the Metropolitan 4-5 2 1 note. Police force or the Fire Department of the District of Columbia, the United States P a r k Police force, or the White House Police force whose compensation is fixed and adjusted in accordance with the District of Columbia Police and Firemen's Salary Act of 1958, as amended. D. c„ code 4-823 note.

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Forty hour workweek, determination.

Overtime work.

Payment.

78 Stat. 880. D. C. Code 4-823.

Compensatory time, availability.

PUBLIC LAW 89-282-OCT. 21, 1965

[79 STAT.

"(10) 'Court duty' means attendance by an ojfficer or member in his official capacity, excluding his appearance as a defendant, at court or at a quasi-judicial hearing. "(11) 'Special event' or 'special assignment' means a n j planned activity or function which the authorizing official designates in advance as such. " (b) The Board of Commissioners of the District of Columbia, the Secretary of the Interior, or the Secretary of the Treasury, as the case may be, is authorized and directed to establish a basic workweek of forty hours to be scheduled on five days foi* the respective police forces referred to in this Act: Provided, That rollcall time shall be without compensation or credit to the time of the basic workweek. "(c) All officially ordered or approved hours of work (except rollcall time) performed by officers and members in excess of the basic workweek in any administrative workweek, shall be considered as overtime work and shall be compensated for as provided by this Act. " (d)(1) Whenever the authorizing official designates in advance an activity or function as a special event, or special assignment, all overtime work in connection with such special event, or special assignment, shall be compensated for by payment as follows: "(i) For each officer or member who receives compensation at a rate provided for in class 1 through class 4, in the District of Columbia Police and Firemen's Salary Act of 1958, as amended, the overtime work shall be compensated for by payment at one and one-half times the basic hourly rate of such officer or member and all such compensation shall be considered premium pay. "(ii) For each officer or member who receives compensation at a rate provided for classes 5 and above, in the District of Columbia Police and Firemen's Salary Act of 1958, as amended, the overtime work shall be compensated for by payment at the basic hourly rate of such officer or member's basic compensation (except as otherwise limited by subsection (h)(1) and (2) of this section) and all such compensation shall be considered premium pay. "(2) An officer or memiber may elect to receive compensatory time off as provided in subsection (f) of this section in lieu of payment for overtime work as provided in this subsection. "(e) Each officer or member who on any off-duty time performs court duty (excluding the first appearance in court on each case), or who performs work, as ordered or approved, on any off-duty day shall be compensated in accordance with subsection (d) of this section, "(f) Overtime work, other than that for which compensation by payment or time off is provided by subsections (d) and (e) of this section, shall be compensated for by compensatory time off at a rate of one hour of compensatory time for each hour of overtime work performed. Such compensatory time off shall be granted in accordance with the following provisions: "(1) The authorizing official, or such person as he may designate to act in his place, may, at the request of any officer or member, grant such officer or member compensatory time off from his scheduled tour of duty in lieu of payment for an equal amount of time spent for overtime work, including the first appearance for court duty in each case, if to grant such leave would not unreasonably diminish the number of officers or members available to maintain law, order, and public safety. "(2) Any officer or member who is eligible for compensatory time off and has made application for such compensatory time off, which application was denied, may within thirty days of such denial make application for compensatory pay at his basic hourly rate of basic

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compensation and all such compensation shall be considered premium pay. " (3) Such compensatory time off shall be used within such period of time as the authorizing official shall prescribe. If such officer or member fails to take such compensatory time off within the prescribed period, he shall thereby waive all right to such compensatory time off', unless his failure to take such compensatory time off is due to an official denial of his request for such compensatory time off. Such overtime work shall be credited for purposes of compensation in multiples of one hour, rounded to the nearest hour in case of fractions thereof. Thirty minutes or more of any such hour shall be credited as one hour. " (g)(1) Whenever any officer or member is authorized or directed to return to overtime duty at a time which is not an immediate continuation of his regular tour of duty, such officer or member shall receive credit for not less than two hours of overtime work for purposes of compensation under this Act. "(2) Overtime work resulting from the immediate continuation of an officer's or member's regular tour of duty which, excluding roUcall time, is thirty minutes or more in excess of the basic workday shall be credited for purposes of compensation under subsection (f) of this section. " (h)(1) No premium pay provided by this Act shall be paid to, and no compensatory time off is authorized for, any officer or member whose rate of basic compensation equals or exceeds the minimum scheduled rate of basic compensation provided for service step 1 in class 10 of the District of Columbia Police and Firemen's Salary Act of 1958, as amended. 78 stat^jis^i. "(2) I n the case of any officer or member whose rate of basic com- 4.833." pensation is less than the minimum scheduled rate of basic compensation provided for service step 1 in class 10 of the Police and Firemen's Salary Act of 1958, as amended, such premium pay may be paid only to the extent that such payment would not cause his aggregate rate of compensation to exceed such minimum scheduled rate with respect to any pay period. "(3) Each authorizing official is authorized to promulgate such regulations and issue such orders as are necessary to carry out the intent and purpose of this Act, and to delegate to a designated agent or agents any of the functions vested in the authorizing official by this Act." SEC. 2. Paragraph (6) of section 2(a) of the Act entitled "An Act Repeal. to amend the Act entitled '-An Act to classify the officers and members of the Fire Department of the District of Columbia, and for other purposes', approved June 20, 1906, and for other purposes", approved June 19, 1948 (62 Stat. 498), as amended (sec. 4-404a, D.C. Code), is repealed. SEC. 3. The first sedtion of the Act entitled "An Act to provide for granting to officers and members of the Metropolitan Police force, the Fire Department of the District of Columbia, and the White House and United States P a r k Police forces additional compensation for working holidays", approved October 24, 1951 (65 Stat. 607), as amended (sec. 4-807, D.C. Code), is amended by striking the last 72 Stat. 377. two of the three provisos thereof, and by inserting, in lieu thereof, the following: '•'•Provided further, That, when an officer or member is authorized or directed to work on a holiday and such officer or member is required to work longer than his regular tour of duty he shall be compensated for such overtime in accordance with the provisions of subsection (e) of the first section of the Act approved August 15, 1950 (64 Stat. 447), as amended (D.C. Code, sec. 4-904(e)). ^"'«' p- 'OH.

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PUBLIC LAW 89-283-OCT. 21, 1965

[79 STAT.

SEC. 4. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Effective date. gjjo. 5. This Act shall become effective on the first day of the first pay period which begins not less than thirty days after approval of this Act. Approved October 21, 1965.

Public Law 89-283 October 21, 1965 [H. R. 9042]

producTs Trade

AN

ACT

To provide for the implementation of the Agreement Concerning Automotive Products Between the Govenmient of the United States of America and the Government of Canada, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

Act of 1965.

TITLE I—SHORT TITLE AND PURPOSES SHORT TITLE

101. This Act may be cited as the "Automotive Products Trade Act of 1965". SECTION

PURPOSES

SEC. 102. The purposes of this Act are— (1) to provide for the implementation of the Agreement Concerning Automotive Products Between the Government of the United States of America and the Government of Canada signed on January 16, 1965 (hereinafter referred to as the "Agreement"), in order to strengthen the economic relations and expand trade in automotive products between the United States and Canada; and (2) to authorize the implementation of such other international agreements providing for the mutual reduction or elimination of duties applicable to automotive products as the Government of the United States may hereafter enter into. TITLE II—BASIC AUTHORITIES I M P L E M E N T A T I O N OF THE A G R E E M E N T

77Astat.3.2. 19 USC 120

SEC. 201. (a) The President is authorized to proclaim the modificatious of the Tariff Schedules of the United States provided for in title IV of this Act. (b) A t any time after the issuance of the proclamation authorized by subsection (a), the President is authorized to proclaim further modifications of the Tariff Schedules of the United States to provide for the duty-free treatment of any Canadian article which is original motor-vehicle equipment (as defined by such Schedules as modified pursuant to subsection (a)) if he determines that the importation of such article is actually or potentially of commercial significance and that such duty-free treatment is required to carry out the Agreement. I M P L E M E N T A T I O N OF OTHER A G R E E M E N T S

SEC. 202. (a) Whenever, after determining that such an agreement will afford mutual trade benefits, the President enters into an agree-

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1017

ment with the government of a country providing for the mutual elimination of the duties applicable to products of their respective countries which are motor vehicles and fabricated components intended for use as original equipment in the manufacture of such vehicles, the President (in accordance with subsection (d)) is authorized to proclaim such modifications of the Tariff Schedules of the United States as he determines to be required to carry out such agreement. (b) Whenever, after having entered into an agreement with the government of a countrj^ providing for the mutual elimination of the duties applicable to products described in subsection (a), the President, after determining that such further agreement will afford mutual trade benefits, enters into a further agreement with such government providing for the mutual reduction or elimination of the duties applicable to automotive products other than motor vehicles and fabricated components intended for use as original equipment in the manufacture of such vehicles, the President (in accordance with subsection (d)) is authorized to prm-laim such modifications of the Tariff Schedules of the United States as he determines to be required 77A stat 3 to c any out such further agreement. ^^^ (c) Before the Pi-esident enters into the negotiation of an agreement referred to in subsection (a) or (b), he shall— (1) seek the advice of the Tariff (Commission as to the probable economic effect of the reduction or elimination of duties on industries producing articles like or directly competitive with those which may be covered by such agreement; (2) give reasonable public notice of his intention to negotiate publication in such agreement (which notice shall be published in the Federal ^^"^^^^^ Register. Register) in order that any interested person may have an opportunity to present his views to such agency as the President shall designate, under such rules and regulations as the President may prescribe; and (3) seek information and advice with respect to such agreement from (he Departments of (\)mmerce, Labor, State, and the Treasury, and from such other sources as lie may deem appropriate. (d)(1) The President shall transmit to each House of the Congress Agreements, a copy of each agreement referred to in subsection (a) or (b). The congress". delivery to both Houses shall be on the same day and shall be made to each House while it is in session. (2) The President is authorized to issue any prochnnation to carry proclamation. out. any such agreement— (A) only after the expiration of the (>0-day period following (he date of delivery, (B) only if, between the date of delivery and the expiration of such 60-day period, the Congress has not adopted a concurrent resolution stating in substance that the Senate and House of Representatives disapprove of the agreement, and (C) in the case of any agreement referred to in subsection (b) with any country, only if there is in eft'ect a proclamation implementing an agreement with such country applicable to products described in subsection (a). (3) For purposes of paragraph (2), in the computation of the 60-day period there shall be excluded the days on which either House is not in session because of adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. (e) This section shall cease to be in effect on the day after' the date ^ Termination date. of the enactment of this Act. 49-850 0-66—67

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PUBLIC LAW 89-283-OCT. 21, 1965

[79 STAT.

EFFKCTlAl': DATE OF i ' K l K L A M A T I O X S

46 Stat, 734.

SEC. 203. (a) Subject to subsection (b), the President is authorized, notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. sec. 1514) QF any other provision of law, to give retroactive effect to any proclamation issued pursuant to section 201 of this Act as of the earliest date after J a n u a i y 17. 1965, which he determines to be practicable. (b) I n the case of liquidated customs entries, the retroactive effect pursuant to subsection (a) of any proclamation shall apply only upon request therefor filed with the customs officer concerned on or before the 90th day after the date of such proclamation and subject to such other conditions as the President may specify. TERMINATION OF PROCLAMATIONS

SEC. 204. The President is authorized at any time to terminate, in whole or in part, any proclamation issued pursuant to section 201 or 202 of this Act. SPECIAL REPORTS TO CONGRESS

SEC. 205. (a) No later than August 31, 1968, the President shall submit to the Senate and the House of Representatives a special report on the comprehensive review called for by Article IV (c) of the Agreement. I n such report he shall advise the Congress of the progress made toward the achievement of the objectives of Article I of the Agreement. (b) Whenever the President finds that any manufacturer has entered into any undertaking, by reason of governmental action, to increase the Canadian value added of automobiles, buses, specified commercial vehicles, or original equipment parts produced by such manufacturer in Canada after August 31, 1968, he shall report such finding to the Senate and the House of Representatives. The President shall also report whether such undertaking is additional to undertakings agreed to in letters of undertaking submitted by such manufacturer before the date of the enactment of this Act. (c) The reports provided for in subsections (a) and (b) of this section shall include recommendations for such further steps, including legislative action, if any, as may be necessary for the achievement of the purposes of the Agreement and this Act. TITLE III — T A R I F F ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE GENERAL

76 Stat, 883.

AUTHORITY

SEC. 301. Subject to section 302 of this Act, a petition may be filed for tariff adjustment or for a determination of eligibility to apply for adjustment assistance under title III of the Trade Expansion Act of ^gQ^ (19 U.S.C. sec. 1901-1991) as though the reduction or elimination of a duty proclaimed by the President pursuant to section 201 or 202 of this Act were a concession granted under a trade agreement referred to in section 301 of the Trade Expansion Act of 1962. SPECIAL AUTHORITY D U R I N G T R A N S I T I O N A L PERIOD U N D E R THE A G R E E M E N T

Adjustment biiity*petuion'.^^^

gj,c. 302. (a) After the 90th day after the date of the enactment of ^^^^ ^ ^ t and before July 1, 1968, a petition under section 301 of this Act for a determination of eligibility to apply for adjustment assistance may be filed with the President by—

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(1) a firm which produces an automotive product, or its representative; or (2) a group of workers in a firm which produces an automotive product, or their certified or recognized union or other dulv authorized representative. (b) After a petition is filed by a firm or group of workers under subsection (a), the President shall determine whether— (1) dislocation of the firm or group of workers has occurred or threatens to occur; (2) production in the United States of the automotive product concerned produced by the firm, or an appropriate subdivision thereof, and of the automotive product like or directly competitive therewith, has decreased appreciably; and (3)(A) imports into the United States from Canada of the Canadian automotive produdt like or directly competitive with that produced by the firm, or an appropriate subdivision thereof, have increased appreciably; or (B) exports from the United States to Canada of the United States automotive product concerned produced by the firm, or an appropriate subdivision thereof, and of the United States automotive product like or directly competitive therewith, have decreased appreciably, and the decrease in such exports is greater than the decrease, if any, in production in Canada of the Canadian automotive product like or directly competitive with the United States automotive product being exported. (c) If the President makes an affirmative determination under paragraphs (1), (2), and (3) of subsection (b), with respect to a firm or group of workers, he shall promptly certify that as a result of its dislocation the firm or group of workers is eligible to apply for adjustment assistance, unless the President determines that the operation of the Agreement has not been the primary factor in causing or threatening to cause dislocation of the firm or group of workers. (d) If the President makes an affirmative determination under paragraph (1) but a negative determination under paragraph (2) or (3) of subsection (b), with respect to a firm or group of workers, the President shall determine whether the operation of the Agreement has nevertheless been the primary factor in causing or threatening to cause dislocation of the firm or group of workers. If the President makes such an affirmative determination, he shall promptly certify that as a result of its dislocation the firm or group of workers is eligible to apply for adjustment assistance. (e)(1) I n order to provide the President with a factual record on the basis of which he may make the determinations referred to in subsections (b), (c), and (d) with respect to a firm or a group of workers, the President shall promptly transmit to the Tariff Commission a copy of each petition filed under subsection (a) and, not later than 5 days after the date on which the petition is filed, shall request the Tariff Commission to conduct an investigation related to questions of fact relevant to such determinations and to make a report of the facts disclosed by such investigation. In his request, the President may specify the particular kinds of data which he deems appropriate. Upon receipt of the President's request, the Tariff Commission shall promptly institute the investigation and promptly publish notice thereof in the Federal Register. (2) I n the course of each investigation conducted under paragraph (1), the Tariff Commission shall, after reasonable notice, hold a public hearing, if such hearing is requested (not later than 10 days after the date of the publication of its notice under paragraph (1)) by the petitioner or any other person showing a proper interest in the subject matter of the investigation, and shall afford interested persons an

1019

de^lminauon^

Jnvestigation fariff^fommL^^°"-

publication in ^ ^'^ eguster. public hearings.

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Report to President.

Final deter, mination; supplemental report.

P u b l i c a t i o n in Federal Register.

76 Stat. 885. t 9 U S C 19 1119 78. Tax assistance. 19 USC 19 17 and note.

PUBLIC LAW 89-283-OCT. 21, 1965

[79 STAT.

opportunity to be present, to produce evidence, and to be heard at such hearing. (3) Not later than 50 days after the date on which it receives the request of the President under paragraph (1), the Tariff Commission shall transmit to the President a report of the facts disclosed by its investigation, together with the transcript of the hearing and any briefs which may have been submitted in connection with such investigation. (f)(1) The President shall make each final determination under subsection (b), (c), or (d) with respect to a firm or group of workers only after he has sought advice from the Departments of Commerce, Labor, and the Treasury, the Small Business Administration, and such other aijencies as he may deem appropriate. (2) The President shall make each such final determination not later than 15 days after the date on which he receives the Tariff Commission's report, unless, within such period, the President requests additional factual information from the Tariff Commission. In this event, the Tariff Commission shall, not later than 25 days after the date on which it receives the President's request, furnish such additional factual information in a supplemental report, and the President shall make his final determination not later than 10 days after the date on which he receives such supplemental report. (3) The President shall promptly publish in the Federal Register a summary of each final determination under this section. (g) Any certification with respect to a group of workerS made by the President under this section shall— (1) specify the date on which the dislocation began or threatens to begin; and (2) be terminated by the President whenever he determines that the operation of the xVgreement is no longer the primary facitor in causing separations from the firm or subdivision thereof, in which case such determination shall apply only with respect to separations occurring after the termination date specified by the President. (h) Any certification with respect to a firm or a group of workers or any termination of such (certification, including the specification of a date in such certification or termination, made l^y the President under this section shall constitute a certification or termination, including the specification of a date therein, under section 302 of the Trade Expansion Act of 1962 (ID I'.S.C., sec. 1902) for purposes of chapter 2 or 3 of title III of that Act. (i) If a firm which has been certified under this section applies for tax assistance as provided by section 317 of the Trade Expansion Act of 1962, the reference in subsection (a)(2) of such section 317 to a trade or business which was seriously injured by increased imports which the Tariff Commission has determined to result from concessions granted under trade agreements shall be treated as referring to a trade or business which was seriously injured by the operation of the Agreement. (j) Notwithstanding any provision of chapter 3 of title III of the Trade Expansion Act of 1962 or of this title, applications based on any certification made by the President under this section for— (1) trade reatljustment allowances for weeks of unemployment beginning after January 17, 1965, and before the 90th day after the date of the enactment of this Act, and (2) relocation allowances for relocations occurring after January 17, 1965, and Ix'fore such 90th day, shall be determined in accordance with regulations prescribed by the Secretary of Labor.

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(k) The President is authorized to exercise any of his functions under this section through such agency or other instrumentality of the United States Government as he may direct and in conformity with siirh rules «^r reindations as lie may prescribe. (1) For purposes of this section— (1) The term "automotive product" means a motor vehicle or a fabricated component to oe used as original equipment in the manufacture of motor vehicles. (2) The term "dislocation" means— (A) in the case of a firm, injury to ihe firm, which may be evidenced by such conditions as idling of productive facilities, inability to operate at a level of reasonable profit, or unemployment or underemployment, and which is of a serious nature; and (B) in the case of a group of workers, luiemployment or underemployment of a significant numl>er or proportion of the workers of a firm or an appropriate subdivision thereof. (3) The term "firm" includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustees in bankruptcy, and receivers under decree of any court. A firm, together with any predecessor, successor, or affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits. (4) The term "operation of the Agreement" includes governmental or private actions in the United States or Canada directly related to the conclusion or implementation of the Agreement.

1021

Definitions

ADJUSTMENT ASSISTANCE R E l ^ M E D TO OTHER AGRh:EMENTS

SEC. 303. At the time the Pi'esident transmits to the Congress a copy of any agreement pursuant to section 202(d)(1), he shall recommend to the Congress such legislative provisions concerning adjustment assistance to firms and workers a*i he determines to be appropriate in light of the anticipated economic impact of the reduction or elimination of duties provided for by such agreement. AUTHORIZA'ITOX OF APl'ROPKTA'nONS

8E(X 304. There are hereby authorized to be appropriated such sums as may be necessary from time to time to carrj^ out the provisions of this title, which sums are authorized to ]>e appropriated to remain available initil expended. TITLE IV—MODIFICATIONS OF TAKIFF SCHEDULES OF THE UNITED STATES E N T R Y I N TO FORCE AND STA'Jl S (tF MODJFK ATIOXS

SEC. 401. (a) The modifications of the Tariff Schedules of the Unitetl States provided for in this title shall not enter into force except as proclaimed by the President pursuant to section 201(a) of this Act. (b) The rates of duty in colunni iiuml)ered 1 of the Tariff Schedules of the Ignited States which are modified pursuant to section 201(a) of this Act shall be treated— (1) as not having the status of sltatutory provisions enacted by the Congress, but (2) as having been proclaimed fjy the Pi-esident as being required to carry out a frireign trade agreement to which the Unit#>d Stiites is a party.

!!^„!*^\„1 19 USC 1202. " "'^ "

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Page:United States Statutes at Large Volume 79.djvu/1062

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PUBLIC LAW 89-283-OCT. 21, 1965

[79 STAT.

REFERENCES TO TARTTF S C H E D U L E S

SEC. 402. Whenever in this title a modification is expressed in terms of a modification of an item or other provision, the reference shall be considered to be made to an item or other provision of the Tariff Schedules of the United States (19 U.S.C., sec. 1202). Each page reference " ( p.) " in this title refers to the page on which the item or jprovision referred to appears both in part II of the Federal Register for August 17, 1963, and in volume 77A of the United States Statutes at Large. DEFINITION OF C A N A D I A N

ARTICLE

SEC. 403. I n general headnote 3 (pp. 11 and 12) redesignate paragraphs (d), (e), and (f) as paragraphs (e), (f), and (g), respectively, and insert a new paragraph (d) as follows: " (d) Products of Canada. " (i) Products of Canada imported into the customs territory of the United States, whether imported directly or indirectly, are subject to the rates of duty set forth in column numbered 1 of the schedules. The rates of duty for a Canadian article, as defined in subdivision (d) (ii) of this headnote, apply only as shown in the said column numbered 1. "(ii) The term 'Canadian article', as used in the schedules, means an article which is the product of Canada, but does not include any article produced with the use of materials imported into Canada which are products of any foreign country (except materials produced within the customs territory of the United States), if the aggregate value of such imported materials when landed at the Canadian port of entry (that is, the actual purchase price, or, if not purchased, the export value, of such materials, plus, if not included therein, the cost of transporting such materials to Canada but exclusive of any landing cost and Canadian duty) was— " (A) with regard to any motor vehicle or automobile truck tractor entered on or before December 31, 1967, more than 60 percent of the appraised value of the article imported into the customs territory of the United States; and " (B) with regard to any other article (including any motor vehicle or automobile truck tractor entered after December 31, 1967), more than 50 percent of the appraised value of the article imported into the customs territory of the United States." DEFINITION

or

ORIGINAL

MOTOR-VEHICLE

EQUIPMENT

SEC. 404. I n the headnotes for subpart B, part 6, schedule 6 add after headnote 1 (p. 325) the following new headnote: "2. Motor Vehicles and Original Equipment Therefor of Canadian Origin.— (a) The term 'original motor-vehicle equipment', as used in the schedules with reference to a Canadian article (as defined by general headnote 3 (d)), means such a Canadian article which has been obtained from a supplier in Canada under or pursuant to a written order, contract, or letter of intent of a bona fide mot or-vehicle manufacturer in the United States, and which is a fabricated component intended for upe as original equipment in the manufacture in the United States of a motor vehicle, but the term does not include trailers or articles to be used in their manufacture.

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PUBLIC LAW 89-283-OCT. 21, 1965

" (b) The term 'motor vehicle', as used in this headnote, means a motor vehicle of a kind described in item 692.05 or 692.10 of this subpart (excluding an electric trolley bus and a three-wheeled vehicle) or an automobile truck tractor. "(c) The term 'bona fide motor-vehicle manufacturer', as used in this headnote, means a person who, upon application to the Secretary of Commerce, is determined by the Secretary to have produced no fewer than 15 complete motor vehicles in the United States during the previous 12 months, and to have installed capacity in the United States to produce 10 or more complete motor vehicles per 40-hour week. The Secretary of Commerce shall maintain, and publish from time to time in the Federal Register, a list of the names and addresses of bona fide motor-vehicle manufacturers. " (d) If any Canadian article accorded the status of original motorvehicle equipment is not so used in the manufacture in the United States of motor vehicles, such Canadian article or its value (to be recovered from the importer or other person who diverted the article from its intended use as original motor-vehicle equipment) shall be subject to forfeiture, unless at the time of the diversion of the Canadian article the United States Customs Service is notified in writing, and, pursuant to arrangements made with the Service— " (i) the Canadian article is, under customs supervision, destroyed or exported, or "(ii) duty is paid to the United States Government in an amount equal to the duty which would have been payable at the time of entry if the Canadian article had not been entered as original motor-vehicle equipment," IDENTIETCATION^ OP AUTOMOTIVE PRODUCTS

SEC. 405. (a) Redesignate item 692.25 (p. 326) as 692.27; in headnote 1(b) of subpart B, part 6, schedule 6 (p. 325) substitute "item 692.27" in lieu of "item 692.25"; and insert in proper numerical sequence new items as follows: 692.06

If Canadian article, but not including any electric trolley bus, three-wheeled vehicle, or trailer accompanying an automobile truck tractor (see general headnote 3(d))... Free

692.11

If Canadian article, but not including any three-wheeled vehicle (see general headnote 3(d))

692.21

692.23

692.25 692.28

Chassis, if Canadian article, except chassis for an electric trolley bus, or a three-wheeled vehicle; bodies (including cabs), if Canadian article and original motor-vehicle equipment (see headnote 2 of this subpart) Chassis, if Canadian article, except chassis designed primarily for a vehicle described in item 692.15 or a three-wheeled vehicle; bodies (including cabs), if Canadian article and original motorvehicle equipment (see headnote 2 of this subpart) If Canadian article and original motorvehicle equipment (see headnote 2 of this subpart) Automobile truck tractors, if Canadian article; other articles, if Canadian article and original motor-vehicle equipment (see headnote 2 of this subpart)...

Free

Free

Free Free

Free

1023 "Motor v e h i c l e. " 77A Stat. 325. 19 USC 1202. " B o n a fide mot or-vehicle manufacturer."

Publication in Federal Register,

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Page:United States Statutes at Large Volume 79.djvu/1064

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1024

L79 STAT.

(b) Insert in proper numerical sequence new items as follow; Any article described in the foregoing items 360.20 to 360.70, inclusive, 360.80,361.80, or 361.85, if Canadian article and original motor-veiiicle equipment (see headnote 2, part 6B, schedule 6) 516.98 Any article described in the foregoing items 516.71 to 516.76, inclusive, or 516.94, if Canadian article and original motor-vehicle equipment (see headnote 2, part eB, schedule 6) 646,79 Any article described in the foregoing item 646.20 and items 646.40 to 646.78, inclusive (except 646.45 and 646.47), if Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6) 652,39 Any article described in the foregoing items 652.12 to 652.38, inclusive, if Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6) 658,10 Any article described in the foregoing items 657.09 to 658.00, inclusive, if Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6) 682.65 Any article described in the fdtegoing items 682.10 to 682.60, inclusive (except 682.50), if Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6) 68fi.55 Any article described in the foregoing items 685.20 to 685.50, inclusive, if Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6)., 721. 20 Any article in the foregoing items covering clocks, clock movements, clock cases and dials and parts thereof, plates (720.67), assemblies and subassemblies for clock movements, and other parts for clock movements, if Canadian article and original motorvehicle equipment (see headnote 2, part 6B, schedule 6) ,

361,90

Free

Freo

Fret!

Free

Free

Free

Free,

Fre^i

(c) Inseii in proper numerical sequence new items 355.1^7, 389.80, 728.30, 745.80, and 774.70, each having an article description and rate as follows: Any article described in the foregoing provisions of this subpart, if C'anadian article and original motorvehicle equipment (see headnote 2, part 6B, schedule 6)

Free

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Page:The Eurypterida of New York Volume 1.pdf/147

 dealt with by Laurie. Lankester had already indicated the close homologies existing in the number of body segments of the cephalothoracic appendages [see especially op. cit. tabular statements p. 536]. From these it would follow that Limulus on the one hand, Scorpio and the eurypterids on the other, separated before the consolidation of the body segments observable in Limulus; but Laurie states that the second abdominal segment in Scorpio is well developed and shows no sign of ever having been suppressed by the genital operculum as in the eurypterids. From this argument only it might seem that the scorpions came off the eurypterid stem before the great development of the genital operculum. Laurie considers this development of the genital operculum at the expense of the second free segment as a point of considerable morphological importance and has therefore [op. cit. 526, see also Recent additions, etc. p. 127] considered it probable that the Pedipalpi (Thelyphonus) are more nearly allied to the eurypterids than are the scorpions, for in the former a similar suppression of the second ventral segment has taken place in favor of the genital plate. The four scorpions known from the Siluric all exhibit


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Page:United States Statutes at Large Volume 79.djvu/1065

 79 STAT. ]

PUBLIC LAW 89-283-OCT. 21, 1965

1025

27A Stat. 2 78. Ante p. 94O, 941, 943

(d) Redesignate item 613.16 as 613.18, item 652.85 as 652.84, item 652.87 as 652.88, item 680.34 as 680.33, item 680.58 as 680.60, item 680.59 as 680.70, item 680.60 as 680.90, and item 711.91 as 711.93; and insert in proper numerical sequence new items as follows:

207.01 220.46 357.91 357.96 358.03 517.82 535.15 540.72 544.18 544.32 544.42 544.52 544.55 545.62 545.64 547.16 610.81 613.16 613.19 618.48 620.47 642.21 642.86 642.88 646.93 647.02 647.06 652.10 652.76 652.85 652.87

652.89 660.43 660.45 660.47 660.51 660.53 660.55 660.86 660.93 660.95 661.11 661.13 661.16 661.21 661.36 661.93 661.96 662.36 662.51 664.11 678.51 680.21 680.23 680.28 680.31 680.34 680.36 680.58 680.91 682.71 682.91

683.11 683.16 683.61 683.66 684.41 684.63 684.71 685.71 685.81 685.91 686.11 686.23 686.61 686.81 687.51 687.61 688.13 688.41 711.85 711.91 711.99 712.51 727.07 772.66 772.81 772.86 773.26 773.31 791.81 791.91

each such item having the article description "If Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6)...." subordinate to the immediately preceding article description, and having "Free" in rate of duty column numbered 1.

TITLE V—GENERAL PROVISIONS

AUTHORITIES

SEC. 501. The head of any agency performing functions authorized by this Act may—

(1) authorize the head of any other agency to person any of such functions; and

(2) prescribe such rules and regulations as may be necessary to perform such functions.

ANNUAL REPORT

SEC. 502. The President shall submit to the Congress an annual report on the implementation of this Act. Such report shall include information regarding new negotiations, reductions or eliminations of duties, reciprocal concessions obtained, and other information relating to activities under this Act. Such report shall also include information providing an evaluation of the Vgreement and this Act in relation to the total national interest, and specifically shall include, to the extent practicable, information with respect to—

(1) the production of motor vehicles and motor vehicle parts in the United States and Canada,


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PUBLIC LAW 89-284-OCT, 22, 1965

[79 STAT.

(2) the retaiJ pri(es of motor veliicles uiui nioior vehiole parts in the United Statas and Canada^ (3) employment in the motor vehicle industry and motor vehicle parti5 industry in.the United States and Canada, and (4) United Stat*is and Canadian trade m motor vehicles and motor v^ehicle part^s, particularly tnide l)et\veen the United States and Oanada. A P P L I C A B r L i r y OF A N i n J U M F I N G A N D A N T I T R U S T LAWS

42 Stat. 11; 72 Stat. 5 8 3. 38 Stat. 730.

SEC. 503. Nothing contained in this Act shall he construed to aft'ect or moflify the provisions of the Anti-Dumping Act, 1921 (19 U.S.C. 160-173), or of any of the antitrust laws as designated in section I of the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 1.5, 1914 (15 U.S.C. 12). TITLE VI- M I S C E L L A N E O U S PROVISIONS . l O l N TO O M M I ' l T E E ON REDUCTION OF N O N E S S E N a i A L INDERAL EXPENDPrCRES

Appropriation.

SEC. 601. Section 601(e) of the Revenue Act of 1941 (55 Stat. 726) (relating to the Joint Committee on Reduction of Nonessential Federal Expenditures) is amended to read as follows: "(e) There are hereby authorized to be appropriated such sums as may be nec^.ssary to carry out the provisions of this section." Approved October 21, 1965.

Public Law 89-284 October 22, 1965 [H. R. 9247]

H e m i s F a i r 1968 Exposition.

U. S. participation.

AN ACT To provide for participation of the United States in the HemisFair 1968 Exposition to be held at San Antonio, Texas, in 1968, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby recognizes the international exposition, HemisFair 1968 (hereafter in this Act referred to as the "exposition"), which is being held at San Antonio, Texas, in 1968, as an event designed to enhance the existing brotherhood between new world nations, reaffirm common ties, increase understanding, and fortify world peace. The purposes of such exposition are to— (1) honor and display the diversified cultures of P a n America, including the history, art, industry, commerce, and economic development of each of the nations of the Western Hemisphere, their interrelationships and common ties, and the contributions to their development from Europe, Asia, and Africa; (2) encourage, coincident with the Olympic Games being held in Mexico City in 1968, tourist travel in and to the United States, stimulate foreign trade, and promote cultural exchanges; and (3) commemorate the two hundred and fiftieth anniversary of the founding of historic bilingual San Antonio, "the gateway of Latin America". SEC. 2. (a) To implement the recognition declared in the first section of this Act, the President, through the Secretary of Commerce,

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PUBLIC LAW 89-284-OCT. 22, 1965

shall cooperate with the State of Texas with respect to, and determine the extent to which the United States shall be a participant in and an exhibitor at, the exposition. (b) The President is authorized and requested, by proclamation or in such other manner as he may deem proper, to invite the several States of the Union and foreign countries to take part in the exposition. SEC. 3. (a) I n carrying out his duties under section 2(a) of this Act, the Secretary of Commerce shall establish a planning staff to conduct a study to determine the manner in which and the extent to which the United States shall be a participant in and an exhibitor at the exposition, and to report thereon to the Secretary of Commerce and the President. (b)(1) The Secretary of Commerce is authorized to appoint, without regard to the civil service laws and the Classification Act of 1949, such consultants and experts as he deems to be necessary \o assist the planning staff established under subsection (a). Persons so appointed as consultants and experts, who are not otherwise employed by the United States, shall be (A) paid compensation at a rate not to exceed $100 per diem while engaged in the work of such planning staff, and (B) reimbursed for travel and other necessary expenses incurred while so engaged, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. (2) The Secretary of Commerce is authorized to appoint and fix the compensation of the members of such planning staff and such secretarial, clerical, and other staff assistants as may be necessary to enable such planning staff to perform its functions, without regard to the civil service laws and the Classification Act of 1949, except that no person appointed under this paragraph shall receive compensation at a rate in excess of that received by persjons under the Classification Act of 1949 for performing comparable duties. SEC. 4. The head of each department, agency, or instrumentality of the Federal Government is authorized— (1) to cooperate with the Secretary of Commerce with respect tp determining the manner in which and the extent to which the United States shall be a participant in and an exhibitor at the exposition; and (2) to make available to the Secretary of Commerce, from time to time, on a reimbursable basis, such personnel as may be necessary to assist the Secretary of Commerce in carrying out his functions under this Act. SEC. 5. The President shall report to the Congress during the first regular session of Congress which begins after the date of enactment of this Act with respect to (1) the findings derived from the study referred to in section 3, together with such recommendations as the Secretary of Commerce and the President may deem appropriate concerning the most effective manner of representation of the United States at the exposition, and (2) the amount of appropriations which are necessary to accomplish such representation. SEC. 6. There are hereby authorized to be appropriated not to exceed $125,000 to carry out the provisions of this Act. Approved October 22, 1965, 12:25 p.m.

1027

Planning staff, report to Commerce Secretary and President.

Consultants, appointments and compensation. 63 Stat. 954. 5 USC 1071 note.

60 Stat. 808; 75 Stat. 339, 340. Planning staff, appointment and compensation.

Other Federal a g e n c i e s, cooperation.

Report to Congress.

Appropriation,

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Page:United States Statutes at Large Volume 79.djvu/1068

 1028

PUBLIC LAW 89-285-OCT. 22, 1965

[79 STAT.

Public Law 89-285 October 22, 1965

—i

AN

ACT

To provide for scenic development and road beautification of the Federal-aid highway systems.

Be it enacted by the Senate and House of Representatives Highway Beauti- United States of America in Congress assembled, fication Act of 1965.

72 Stat. 904.

72 Stat. 889.

J

a

of the

^

TITLE I QEC. iQi. Section 131 of title 23, United States Code, is revised to read as follows: " (a) The Congress hereby finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty. " (b) Federal-aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system of outdoor advertising signs, displays, and devices which are within six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main traveled way of the system, shall oe reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under section 104 of this title, until such time as such State shall provide for such effective control. Any a.mount which is withheld from apportionment to any State hereunder shall be reapportioned to the other States. Whenever he determines it to be m the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of this subsection to a State. " (c) Effective control means that after January 1, 1968, such signs, displays, and devices shall, pursuant to this section, be limited to (1) directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, which shall conform to national standards hereby authorized to be promulgated by the Secretary hereunder, which standards shall contain provisions concerning the lighting, size, number, and spacing of signs, and such other requirements as may be appropriate to implement this section, (2) signs, displays, and devices advertising the sale or lease of property upon which they are located, and (3) signs, displays, and devices advertising activities conducted on the property on which they are located. " (d) In order to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the purposes of this section, signs, displays, and devices whose size, lighting and spacing, consistent with customary use is to be determined by agreement between the several States and the Secretary, may be erected and maintained within six hundred and sixty feet of the nearest edge of the right-of-way within areas adjacent to the Interstate and primary systems which are zoned industrial or commercial under authority of State law, or in unzoned commercial or industrial areas as may be determined by agreement between the several States and the Secretary. The States shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes, and the actions of the States in this regard will be accepted for the
 * § 131. Control of outdoor advertising

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STAT.]

PUBLIC LAW 89-285-OCT. 22, 1965

purposes of this Act. Nothing in this subsection shall apply to signs, displays, and devices referred to in clauses (2) and (3) of subsection (c) of this section. "(e) Any sign, display, or device lawfully in existence along the Interstate System or the Federal-aid primary system on September 1, 1965, which does not conform to this section shall not be required to be removed until July 1, 1970. Any other sign, display, or device lawfully erected which does not conform to this section shall not be required to be removed until the end of the fifth year after it becomes nonconforming. "(f) The Secretary shall, in consultation with the States, provide within the rights-of-way for areas at appropriate distances from interchanges on the Interstate System, on which signs, displays, and devices giving specific information in the interest of the traveling public may be erected and maintained. Such signs shall conform to national standards to be promulgated by the Secretary. " (g) J u s t compensation shall be paid upon the removal of the following outdoor advertising signs, displays, and devices— "(1) those lawfully in existence on the date of enactment of this subsection, "(2) those lawfully on any highway made a part of the interstate or primary system on or after the date of enactment of this subsection and before January 1, 1968, and "(3) those lawfully erected on or after January 1, 1968. The Federal share of such compensation shall be 75 per centum. Such compensation shall be paid for the following: " (A) The taking from the owner of such sign, display, or device of all right, title, leasehold, and interest in such sign, display, or device; and " (B) The taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain such signs, displays, and devices thereon. " (h) All public lands or reservations of the United States which are adjacent to any portion of the Interstate System and the primary system shall be controlled in accordance with the provisions of this section and the national standards promulgated by the Secretary. " (i) I n order to provide information in the specific interest of the traveling public, the State highway departments are authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas. Subject to the approval of the Secretary, a State may also establish information centers at safety rest areas for the purpose of informing the public of places of interest within the State and providing such other information as a State may consider desirable. "(j) Any State highway department which has, under this section as in effect on June 30, 1965, entered into an agreement with the Secretary to control the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System shall be entitled to receive the bonus payments as set forth in the agreement, but no such State highway department shall be entitled to such payments unless the State maintains the control required under such agreement or the control required by this section, whichever control is stricter. Such payments shall be paid only from appropriations made to carry out this section. The provisions of this subsection shall not be construed to exempt any State from controlling outdoor advertising as otherwise provided in this section. " (k) Nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to signs, displays, and devices on the Federal-aid highway systems than those established under this section.

1029

Information centers.

Bonus payments.

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Page:United States Statutes at Large Volume 79.djvu/1070

 1030 Notice of final determination.

62 Stat, 92 8.

Appropriation.

70 Stat. 397. 23 USC 120 note.

PUBLIC LAW 89-285-OCT. 22, 1965

[79 STAT.

"(1) Not less than sixty days before making a final determination to withhold funds from a State mider subsection (b) of this section, or to do so under subsection (b) of section 136, or with respect to failing to agree as to the size, lighting, and spacing of signs, displays, and devices or as to unzoned commercial or industrial areas in which signs, displays, and devices may be erected and maintained under subsection (d) of this section, or with respect to failure to approve under subsection (g) of section 136, the Secretary shall give written notice to the State of his proposed determination and a statement of the reasons therefor, and during such period shall give the State an opportunity for a hearing on such determination. Following such hearing the Secretary shall issue a written order setting forth his final determination and shall furnish a copy of such order to the State. Within forty-five days of receipt of such order, the State may appeal such order to any United States district court for such State, and upon the filing of such appeal such order shall be stayed until final judgment has been entered on such appeal. Summons may be served at any place in the United States. The court shall have jurisdiction to affirm the detennination of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the United States court of appeals for the circuit in which the State is located and to the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254. If any part of an apportionment to a State is withheld by the Secretary under subsection (b) of this section or subsection (b) of section 136, the amount so withheld shall not be reapportioned to the other States as long as a suit brought by such State under this subsection is pending. Such amount shall remain available for apportionment in accordance with the final judgment and this subsection. Funds withheld from apportionment and subsequently apportioned or reapportioned under this section shall be available for expenditure for three full fiscal years after the date of STich apportionment or reapportionment as the case may be. " (m) There is authorized to be appropriated to carry out the provisions of this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, and not to exceed $20,000,000 for the fiscal year ending June 30, 1967. No part of the Highway Trust Fund shall be available to carry out this section." SEC. 102. The table of sections of chapter 1 of title 23 of the United States Code is amended by ^ r i k i n g out "131. Areas adjacent to the Interstate System." and inserting in lieu thereof "131. Control of outdoor advertising." TITLE II

23 USC 101 et seq.

Apportioned funds, withholding.

SEC. 201. Chapter 1 of title 23, United States Code, is amended to add at the end thereof the following new section: "§ 136. Control of junkyards " (a) The Congress hereby finds and declares that the establishment and use and maintenance of junkyards in areas adjacent to the Interstate System and the primary system should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty. " (b) Federal-aid highway funds apportioned on or after January 1, 1968, to any State which the Secretary determines has not made pro-

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PUBLIC LAW 89-285-OCT. 22, 1965

vision for effective control of the establishment and maintenance along the Interstate System and the primary system of outdoor junkyards, which are within one thousand feet of the nearest edge of the right-ofway and visible from the main traveled way of the system, shall be reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under section 104 of this title, until such time as such State shall provide for such effective control. Any amount which is withheld from apportionment to any State hereunder shall be reapportioned to the other States. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of this subsection to a State. "(c) Effective control means that by January 1, 1968, such junkyards shall be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight. " (d) The term 'junk' shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. "(e) The term 'automobile graveyard' shall mean any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. " (f) The term 'junkyard' shall mean an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. " (g) Notwithstanding any provision of this section, junkyards, auto graveyards, and scrap metal processing facilities may be operated within areas adjacent to the Interstate System and the primary system which are within one thousand feet of the nearest edge of the right-ofway and which are zoned industrial under authority of State law, or which are not zoned under authority of State law, but are used for industrial activities, as determined by the several States subject to approval by the Secretary. ' ' (h) Notwithstanding any provision of this section, any junkyard in existence on the date of enactment of this section which does not conform to the requirements of this section and which the Secretary finds as a practical matter cannot be screened, shall not be required to be removed until July 1, 1970. " (i) The Federal share of landscaping and screening costs under this section shall be 75 per centum. "(j) Just compensation shall be paid the owner for the relocation, removal, or disposal of the following junkyards— " (1) those lawfully in existence on the date of enactment of this subsection, "(2) those lawfully along any highway made a part of the interstate or primary system on or after the enactment of this subsection and before January 1, 1968, and "(3) those lawfully established on or after January 1, 1968. The Federal share of such compensation shall be 75 per centum. " (k) All public lands or reservations of the United States which are adjacent to any portion of the interstate and primary systems shall be effectively controlled in accordance with the provisions of this section. " (1) Nothing in this section shall prohibit a State from establishing standards imposing stricter limitations with respect to outdoor junk-

1031

Reapportionment of withheld funds.

Definitions.

Landscaping and screening c o s t s. Junkyards. Costs of relocation, etc.

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 1032

Appropriation.

70 Stat. 397. 23 USC 120 note.

PUBLIC LAW 89-285-OCT. 22, 1965

[79 STAT.

yards on the Federal-aid highway systems than those established under this section. " (m) There is authorized to be appropriated to carry out this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, and not to exceed $20,000,000 for the fiscal year ending June 30, 1967. No part of the Highway Trust F u n d shall be available to carry out this section." SEC. 202. The table of sections of chapter 1, title 23, United States Code, is amended by adding at the end thereof the following: "136. Control of junkyards."

TITLE III 72 Stat. 917.

Appropriation.

SEC. 301. (a) Section 319 of title 23, United States Code, is revised to read as follows: "§ 319. Landscaping and scenic enhancement " (a) The Secretary may approve as a part of the construction of Federal-aid highways the costs of landscape and roadside development, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities reasonably necessary to accommodate the traveling public. " (b) An amount equivalent to 3 per centum of the funds apportioned to a State for Federal-aid highways for any fiscal year shall be allocated to that State out of funds appropriated under authority of this subsection, which shall be used for landscape and roadside development within the highway right-of-way and for acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public, without being matched by the State. The Secretary may authorize exceptions from this requirement, upon application of a State and upon a showing that such amount is in excess of the needs of the State for these purposes. Any funds not used as required by this subsection shall lapse. There is authorized to be appropriated to carry out this subsection, out of any money in the Treasury not otherwise appropriated, not to exceed $120,000,000 for the fiscal year ending June 30, 1966, and not to exceed $120,000,000 for the fiscal year ending June 30, 1967. No part of the Highway Trust Fund shall be available to carrj'^ out this subsection." (b) The table of sections of chapter 3 of title 23 of the United States Code is amended by striking out "319. Landscaping."

and inserting in lieu thereof "819. Landscaping and scenic enhancement." E s t i m a t e and study.

SEC. 302. I n order to provide the basis for evaluating the continuing programs authorized by this Act, and to furnish the Congress with the information necessary for authorization of appropriations for fiscal years beginning after June 30, 1967, the Secretary, in cooperation with the State highway departments, shall make a detailed estimate of the cost of carrying out the provisions of this Act, and a comprehensive study of the economic impact of such programs on affected individuals and commercial and industrial enterprises, the effectiveness of such programs and the public and private benefits realized thereby, and alternate or improved methods of accomplishing the objectives of this

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PUBLIC LAW 89-285-OCT. 22, 1965

Act. The Secretary shall submit such detailed estimate and a report concerning such comprehensive study to the Congress not later than January 10, 1967. SEC. 303. (a) Before the promulgation of standards, criteria, and rules and regulations, necessary to carry out sections 131 and 136 of title 23 of the United States Code, the Secretary of Commerce shall hold public hearings in each State for the purpose ^i gathering all relevant information on which to base such standards, criteria, and rules and regulations. (b) The Secretary of Commerce shall report to Congress, not later than January 10, 1967, all standards, criteria, and rules and regulations to be applied in carrying out sections 131 and 136 of title 23 of the United States Code. SEC. 304, There is authorized to be appropriated the sum of $500,000 to enable the Secretary of Commerce to carry out his functions under section 135 of title 23 of the United States Code relating to highway safety programs. SEC. 305. Nothing in this Act or the amendments made by this Act shall be construed to authorize the use of eminent domain to acquire any dwelling (including related buildings).

1033 Report to Congress. R u l e s and regulations. Ante, pp. 1028, 1030.

Report to Congress.

Appropriation. Ante,

p. 578.

TITLE IV SEC. 401. Nothing in this Act or the amendments made by this Act shall be construed to authorize private property to be taken or the reasonable and existing use restricted by such taking without just compensation as provided in this Act. SEC. 402. I n addition to any other amounts authorized by this Act and the amendments made by this Act, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary of Commerce not to exceed $5,000,000 for administrative expenses in carrying out this Act (including amendments made by this Act). SEC. 403. This Act may be cited as the "Highway Beautification Act of 1965". Approved October 22, 1965, 2:30 p.m.

49-850 0-66—68

Appropriation.

Short title.

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Page:United States Statutes at Large Volume 79.djvu/1074

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PUBLIC LAW 89-286-OCT. 22, 1965

[79 STAT.

Public Law 89-286 October 22, 1965 [ H. R. 10238]

Service Contract Act of 1965. Required contract provisions.

Minimum wage$.

Fringe b e n e f i t s.

Safe working conditions.

Notice of comp e n s a t i o n to employees.

Wage specifications.

75 Stat. 67.

AN ACT To provide labor standards for certain persons euiployetl by Federal contractors to furnish services to Federal agencies, and foi- other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Service Contract Act of 1965". SEC. 2. (a) Every contract (and any bid specification therefor) entered into by the United States or the District of Columbia in excess of $2,500, except as provided in section 7 of this Act, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States through the use of service employees, as defined herein, shall contain the following: (1) A provision specifying the minimum monetary wages to be paid the various classes of service employees in the performance of the contract or any subcontract thereunder, as determined by the Secretary, or his authorized representative, in accordance with prevailing rates for such employees in the locality, which in no case shall be lower than the minimum specified in subsection (b). (2) A provision specifying the fringe benefits to be furnished the various classes of service employees, engaged in the performance of the contract or any subcontract thereunder, as determined by the Secretary or his authorized representative to be prevailing for such employees in the locality. Such fringe benefits shall include medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, miemployment benefits, life insurance, disability and sickness insurance, accident insurance, vacation aud holiday pay, costs of apprenticeship or other similar programs and other bona fide fringe benefits not otherwise required by Federal, State, or local law to be provided by the contractor or subcontractor. The obligation mider this subparagraph may be discharged by fuiiiishing any equivalent combinations of fringe benefits or by making ecjuivalent pi" differential payments in cash under rules and regulations established by the Secretary. (3) A provision that no part of the services covered by this Act will be performed in buildings or surroundings or under working conditions, provided by or under the control or supervision of the contractor or any subcontractor, which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish the services. (4) A provision that on the date a service employee commences work on a contract to which this Act applies, the contractor or subcontractor will deliver to the employee a notice of the compensation required under paragraphs (1) and (2) of this subsection, on a form prepared by the Federal agency, or will post a notice of the required compensation in a prominent place at the worksite. (b)(1) Xo contractor who enters into any contract with the Federal Government the principal purpose of which is to furnish services through the use of service employees as defined herein and no subcontractor thereunder shall pay any of his employees engaged in I)erforming work on such contracts less than the minimum wage specified under section 6(a)(1) of the F a i r Labor Standards Act of 1938, as amended (52 Stat. 1060; 29 U.S.C. 201, et seq.). (2) The provisions of sections 3,4, and 5 of this Act shall be applicable to violations of this subsection.

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PUBLIC LAW 89-286-OCT. 22, 1965

1035

Violations, SEC. 3, (a) Any violation of any of the contract stipulations penalties. required by section 2(a)(1) or (2) or of section 2(b) of this Act shall render the party responsible therefor liable for a sum equal to the amount of any deductions, rebates, refunds, or underpayment of compensation due to any employee engaged in the performance of such contract. So much of the accrued payment due on the contract or any other contract between the same contractor and the Federal Government may be withheld as is necessary to pay such employees. Such withheld sums shall be held in a deposit fund. On order of the Secretary, any compensation which the head of the Federal agency or the Secretary has found to be due pursuant to this Act shall be paid directly to the underpaid employees from any accrued payments withheld under this Act. (b) I n accordance w4th regulations prescribed pursuant to section 4 of this Act, the Federal agency head or the Secretary is hereby authorized to carry out the provisions of this section. Contract (c) I n addition, when a violation is found of any contract stipula- cellation. cantion, the contract is subject upon written notice to cancellation by the contracting agency. Whereupon, the United States may enter into other contracts or arrangements for the completion of the original contract, charging any additional cost to the original contractor. Enforcement SEC. 4. (a) Sections 4 and 5 of the Act of June 30, 1936 (49 Stat. authority. 2036), as amended, shall govern the Secretary's authority to enforce 41 USC 38, 39. this Act, make rules, regulations, issue orders, hold hearings, and make decisions based upon findings of fact, and take other appropriate action hereunder. (b) The Secretary may provide such reasonable limitations and may make such rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this Act as he may find necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business. List SEC. 5. (a) The Comptroller General is directed to distribute a tors. of violalist to all agencies of the Government giving the names of persons or firms that the Federal agencies or the Secretary have found to have violated this Act. Unless the Secretary otherwise recommends, no contract of the United States shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have a substantial interest until three years have elapsed from the date of publication of the list containing the name of such persons or firms. (b) If the accrued payments withheld under the terms of the con- Legal action. tract are insufficient to reimburse all service employees with respect to whom there has been a failure to pay the compensation required pursuant to this Act, the United States may bring action against the contractor, subcontra<!tor, or any sureties in any court of competentjurisdiction to recover the remaining amount of underpayments. A n j sums thus recovered by the United States shall be held in the deposit fund and shall be paid, on order of the Secretary, directly to the underpaid employee or employees. Any sum not paid to an employee because of inability to do so within three years shall be covered into the Treasury of the United States as miscellaneous receipts. SEC. 6. In determining any overtime pay to which such service Overtime pay. employees are entitled under any Federal law, the regular or basic hourly rate of pay of such an employee shall not include any fringe benefit payments computed hereunder which are excluded from the regular rate under the F a i r Labor Standards Act by provisions of 63 Stat. 913. section 7(d) thereof. 29 USC 207. SEC. 7. This Act shall not apply to— Exemptions.

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PUBLIC LAW 89-286-OCT. 22, 1965

[79 STAT.

(1) any contract of the United States or District of Columbia for construction, alteration and/or repair, including painting and decorating of public buildings or public works; (2) any work required to be done in accordance with the provi41 USC 35 note. gj^^j^g ^f ^j^^ Walsh-Healey Public Contracts Act (4-9 Stat. 2036); (3) any contract for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway line or oil or gas pipeline where published tarijff rates are in effect; (4) any contract for the furnishing of services by radio, telephone, telegraph, or cable companies, subject to the Commu48 Stat. 1064.^^ ulcations Act of 1934; notl."^^ ^°^ ^" (5) any contract for public utility services, including electric light and power, water, steam, and gas; (6) any employment contract providing for direct services to a Federal agency by an individual or individuals; and (7) any contract with the Post Office Department, the principal purpose of which is the operation of postal contract stations. Definitions. g^c. 8. For the purposes of this Act— (a) "Secretary" means Secretary of Labor. (b) The term "service employee" means guards, watchmen, and any person engaged in a recognized trade or craft, or other skilled mechanical craft, fyr in unskilled, semiskilled, or skilled manual labor occupations; and any other employee including a foreman or supervisor in a position having trade, craft, or laboring experience as the paramount requirement; and shall include all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (c) The term "compensation" means any of the payments or fringe benefits described in section 2 of this Act. (d) The term "United States" when used in ii geographical sense shall include any State,of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf lands as 67 Stat. 462. defined in the Outer Continental Shelf Lands Act, American Samoa, note."^^ ^^^^ Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll, Johnston Island, but shall not include any other teiTitoiy mider the jurisdiction of the United States,or any United States base or possession within a foreign country. Effective date. ^^^ 9 -pj^jg.^^.|. gj^g^ij apply to all contracts entered into pursuant to negotiations concluded or invitations for bids issued on or after ninety days from the date of enactment of this Act. Approved October 22, 1965.

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PUBLIC LAW 89-287-OCT. 22, 1965

1037

Public Law 89-287 AN ACT

To establish a system of loan insurance and a supplementary system of direct loans, to assist students to attend post-secondary business, trade, technical, and other vocational schools.

October 22, 1965

LJ—:

i—

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may. National vocabe cited as the "National Vocational Student Loan Insurance Act of Loan instance 1965".

^^^ °^ 1965. STATEMENT OF PURPOSE A N D APPROPRIATIONS A U T H O R I Z E D

SEC. 2. (a) The purpose of this Act is to enable the Commissioner (1) to encourage States and nonprofit private institutions and organizations to establish adequate loan insurance programs for students in eligible institutions (as defined in section 17), (2) to provide a Federal program of student loan insurance for students who do not have reasonable access to a State or private nonprofit program of student loan insurance covered by an agreement under section 9(b), and (3) to pay a portion of the interest on loans to qualified students which are insured under this Act or under a program of a State or of a nonprofit private institution or organization which meets the requirements of section 9(a)(1)(A). (b) For the purpose of carrying out this Act— (1) there are authorized to be af)propriated to the vocational student loan insurance fund (established by section 13)(A) the sum of $250,000, and (B) such further sums, if any, as may become necessary for the adequacy of the vocational student loan insurance fund, (2) there are authorized to be appropriated, for payments under section 9 with respect to interest on insured loans, such sums for the fiscal year ending June 30, 1966, and succeeding fiscal years, as may be required therefor, and (3) there are authorized to be appropriated the sum of $1,875,000 for making advances pursuant to section 3 for the reserve funds of State and nonprofit private student loan insurance programs. Sums appropriated under clauses (1) and (2) of this subsection shall remain available until expended, and sums appropriated under clause (3) of this subsection shall remain available for advances under section 3 until the close of the fiscal year ending June 30, 1968. ADVANCES FOR RESERVE F U N D S OF STATE A N D N O N P R OF I T PRIVATE LOAN INSURANCE PROGRAMS

SEC. 3. (a)(1) From the sums appropriated pursuant to clause (3) of section 2(b), the Commissioner is authorized to make advances to any State with which he has made an a^eem^nt pursuant to section 9 (D) for the purpose of helping to establish or strengthen the reserve fund of the student loan insurance program covered by that agreement. I f for any of the fiscal years ending June 30, 1966, June 30, 1967, or June 30, 1968, a State does not have a student loan insurance program covered by an agreement pursuant to section 9(b), and the Commissioner determines after consultation with the chief executive officer of that State that there is no reasonable likelihood that the State will have such a student loan insurance program for such year, the Commissioner may make advances for such year for the same purpose to one or more nonprofit private institutions or organizations with which he has made an agreement pursuant to section 9(b) in order to enable

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Page:United States Statutes at Large Volume 79.djvu/1078

 1038

PUBLIC LAW 89-287-OCT. 22, 1965

[79 STAT.

students in that State to participate in a program of student loan insurance covered by such an agreement. The Commissioner niay make advances under this subsection both to a State program with which he has such an agreement and to one or more nonprofit private institutions or organizations with which he has such an agreement in that State if he determines that such advances are necessary in order that students in each eligible institution have access through such institution to a student loan insurance program which meets the requirements of section 9(b)(1). (2) Advances pursuant to this subsection shall be upon such terms and conditions (including conditions relating to the time or times of payment) consistent with the requirements of section 9(b) as the Commissioner determines will best carry out the purposes of this section. Advances made by the Commissioner under this subsection shall be repaid within such period as the Commissioner may deem to be appropriate in each case m the light of the maturity and solvency of the reserve fund for which the advance was made. (b) The total of the advances to any State pursuant to subsection (a) may not exceed an amount which bears the same ratio to 2% per centum of $75,000,000 as the population of that State aged eighteen to twenty-two, inclusive, bears to the total population of all the States aged eighteen to twenty-two, inclusive. If the amount so determined for any State, however, is less than $10,000, it shall be increased to $10,000 and the total of the increases thereby required shall be derived by proportionately reducing (but not below $10,000) the amount so determined for each of the remaining States. Advances to nonprofit rivate institutions and organizations pursuant to subsection (a.) may e in such amounts as the Commissioner determines will best achieve the purposes for which they are made, except that the sum of (1) advances to such institutions and organizations for the benefit of students in any State plus (2) the amounts advanced to such State, may not exceed the maximum amount which may be advanced to that State pursuant to the first two sentences of this subsection. For the purposes of this subsection, the population aged eighteen to twentytwo, inclusive, of each State and of all the States shall be determined by the Commissioner on the basis of the most satisfactory data available to him.

g

EFFECT OF ADEQUATE NON-FEDERAL PROGRAMS

SEC. 4. The Commissioner shall not issue certificates of insurance under section 11 to lenders in a State if he determines that every eligible institution has reasonable access in that State to a State or private nonprofit student loan insurance program which is covered by an agreement under section 9(b). SCOPE AND DURATION OF LOAN INSURANCE PROGRAM

SEC. 5. (a) The total principal amount of new loans made and installments paid pursuant to lines of credit (as defined in section 17) to students covered by insurance under this Act shall not exceed $75,000,000 in the fiscal year ending June 30, 1966, and in each of the two succeeding fiscal years. Thereafter, insurance pursuant to this part may be granted only for loans made (or for loan installments paid pursuant to lines of credit) to enable students, who have obtained prior loans insured under this Act, to continue or complete their educational programs; but no insurance may be granted for any loan made or installment paid after June 30, 1972.

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