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be heard. As soon as practicable after completion of the hearing, the Secretary shall act upon such objections and make his decision public. Such decision shall be based only on substantial evidence of record at such hearing and shall set forth detailed findings of fact on which the decision is based. (3) Any person aggrieved by a decision of the Secretary under paragraph (2) of this subsection may obtain a review of such order by the United States Court of Appeals for the District of Columbia by filing in such court within 20 days following the issuance of such decision a petition praying that the decision of the Secretary be modified or set aside in whole or in part. A copy of such petition shall forthwith be served upon the Secretary, and thereupon the Secretaryshall certify and file in the court the record upon which the decision complained of was issued. The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The court shall have jurisdiction to affirm the action 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 Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of a proceeding under this paragraph (3) shall not, unless specifically ordered by the court, operate as a stay of the Secretary's decision. (e) The provisions of subsection (d) of this section shall not be applicable to any proposed mandatory standard which has been recommended by an Advisory Committee appointed pursuant to section 7 of this Act. ADVISORY

Review of order.

^^ Stat. 9 28.

COMMITTEES

SEC. 7. (a) The Secretary is authorized to establish advisory committees to assist him in the development of health and safety standards for mines which are subject to this Act, and to advise him on other matters relating to health and safety in such mines. Each such advisory committee shall include among its members an equal number of persons qualified by experience and affiliation to present the viewpoint of operators of such mines, and of persons similarly qualified to present the viewpoint of workers in such mines, as well as one or more representatives of mine inspection or safety agencies of the States. (b) Members appointed to such a committee from private life shall, member^s?^^*'"" °^ while serving on business of the committee, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time; and while so serving away from their homes or regular places of business, they may be paid travel expenses and per diem in lieu of subsistence at the rates authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. sec. 73b-2). ,f °J?*^/o°1'.n •••

FINDINGS

^

AND

'

'

ORDERS

SEC. 8. (a) If, upon any inspection or investigation of a mine which is subject to this Act, an authorized representative of the Secretary finds that conditions or practices in such mine are such that a danger exists which could reasonably l>e expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated, such representative shall determine the extent of the area of such mine throughout which the danger exists, and there-

75 Stat. 339,

340.

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upon issue an order requiring the operator of such mine to cause all persons, except the following persons whose presence in such area is necessary to eliminate the danger described in such order, to be withdrawn from, and to be debarred from, entering such area: (1) Any person whose presence in such area is necessary, in the judgment of the operator of the mine, to eliminate the danger described in the order; (2) any public official whose official duties require him to enter such area; or (3) any legal or technical consultant, or any representative of the employees of the mine, who is a certified person qualified to make mine examinations, or is accompanied by such a person, and whose presence in such area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions described in the order. (b) If, upon any such inspection or investigation, an authorized representative finds that there has been a failure to comply with a mandatory standard which is applicable to such mine, but that such failure to comply has not created a danger that could reasonably be expected to cause death or serious physical harm in such mine immediately or before the imminence of such danger can be eliminated, he shall find what would be a reasonable period of time within which such violation should be totally abated and thereupon issue a notice fixing a reasonable time for the abatement of the violation. If, upon the expiration of such period of time as originally fixed or extended, the authorized representative finds that such violation has not been totally abated, and if he also finds that such period of time should not be further extended, he shall also find the extent of the area which is affected by such violation. Thereupon, he shall promptly make an order requiring the operator of such mine to cause all persons in such area, excepting the following persons whose presence in such area is necessary to abate the violation described in the order, to be withdrawn from, and to be debarred from, entering such area: (1) Any person whose presence in such area is necessary, in the judgment of the operator of the mine, to abate the violation described in the order; (2) any public official whose official duties require him to enter such area; or (3) any legal or technical consultant, or any representative of the employees of the mine, who is a certified person qualified to make mine examinations, or is accompanied by such a person, and whose presence in such area is necessary, in the judgment of the operator of the mine, for the proper investigation of the conditions described in the order. (c) Findings and orders issued pursuant to this section shall contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of a mandatory standard, and a description of the area of the mine throughout which persons must be withdrawn and debarred. (d) Each finding made and notice or order issued under this section shall be given promptly to the operator of the mine to which it pertains by the person making such finding or order, and all such findings, orders, and notices shall be in writing, and shall be signed by the person making them. A notice or order issued pursuant to this section may be annulled, canceled, or revised by.an authorized representative of the Secretary. (e) If an order is made pursuant to subsection (a) of this section, and a State inspector did not participate in the inspection on which such order is based, the duly authorized representative of the Secretary who issued the order shall notify the State mine inspection or safety agency immediately, but not later than twenty-four hours after the issuance of such order, that such order has been issued. Following such order the operator of the mine may immediately request the State

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mine inspection or safety agency to assign a State inspector to inspect the mine. The State agency shall then promptly assign a State inspector to inspect the mine affected by such order and file an inspection report with the Secretary and the State agency. The order of the duly authorized representative of the Secretary shall remain in effect, but shall inmiediately be subject to review as provided in this Act. REVIEW BY SECRETARY

SEC. 9. (a) An operator notified of an order made pursuant to section 8(a) may applj^ to the Secretary for annulment or revision of such order. Upon receipt of such application the Secretary shall make a special inspection of the mine affected by such order, or cause three duly authorized representatives of the Secretary of the Interior, other than the representative who made such order, to make such inspection of such mine and to report thereon to him. Upon making such special inspection himself, or upon receiving the report of such inspection made by such representatives, the Secretary shall find whether or not danger throughout the area of such mine as set out in such order existed at the time of making such special inspection. If he finds that such danger did not then exist throughout such area of such mine, he shall make an order, consistent with his findings, revising or annulling the order under review. If he finds that such danger did then exist throughout such area of such mine, he shall make an order denying such application. (b) An operator notified of an order made pursuant to section 8(b) may apply to the Secretary for annulment or revision of such order. Upon receipt of such application the Secretary shall make a special inspection of the mine affected by such order, or cause three duly authorized representatives of the Secretary of the Interior, other than the representative who made such order, to make such inspection of such mine and report thereon to him. Upon making such special inspection himself, or upon receiving the report of such inspection made by such representatives, the Secretary shall find whether or not there was a violation of a mandatory safety standard as described in such order, at the time of the making of such order. If he finds there was no such violation, he shall make an order annulling the order under review. If he finds there was such a violation, he shall also find whether or not such violation was totally abated at the time of the making of such special inspection. If he finds that such violation was totally abated at such time, he shall make an order annulling the order under review. If he finds that such violation was not totally abated at such time, he shall find whether or not the period of time within which such violation should be totally abated, fixed under section 8(b), should be extended. If he finds that such period of time should be extended, he shall find what a reasonable extension of such period of time would be. Thereupon he shall find the extent of the area of such mine which was affected by such violation at the time such special inspection was made, and then he shall make an order, consistent with his findings, revising the order under review. If he finds that such violation was not totally abated at the time of such special inspection, and that such period of time should not be extended, he shall find the extent of the area of such mine which was affected by such violation at the time such special inspection was made, and he shall then make an order, consistent with his findings, affirming or revising the order under review. (c) I n view of the urgent need for prompt decision of matters submitted to the Secretary under this section, all actions which the Secre-

777

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tary or his representatives are required to take under this section shall be taken as rapidly as practicable, consistent with adequate consideration of the issues involved. CREATION o r REVIEW BOARD Federal Metal and Nonmetallic Mine Safety Board of Review. Membership, duration.

Compensation.

63 Stat. 166. 5 USC 835 note.

Appointment of p e r s o n n e l, etc.

Ante, p. 288.

SEC. 10. (a) An agency is hereby created to be known as the Federal Metal and Nonmetallic Mine Safety Board of Review, which shall be composed of five members who shall be appointed by the President, by and with the advice and consent of the Senate. (b) The terms of office of members of the Board shall be five years, except that the terms of office of the members first appointed shall commence on the effective date of this section and shall expire one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years and one at the end of five years, as designated by the President at the time of appointment. A member appointed to fill a vacancy caused by the death, resignation, or removal of a member prior to the expiration of the term for which ho was appointed shall be appointed only for the remainder of such unexpired term. The members of the Board may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (c) Each member of the Board shall be compensated at the rate of $50 for each day of actual service (including each day he is traveling on official business) and shall, notwithstanding the Travel Expense Act of 1949, be fully reimbursed for traveling, subsistence, and other related expenses. The Board, at all times, shall consist of two persons who by reason of previous training and experience may reasonably be said to represent the viewpoint of metal and nonmetallic mine operators, two persons who by reason of previous training and experience may reasonably be said to represent the viewpoint of metal and nonmetallic mine workers, and one person, who shall be Chairman of the Board, who shall be a graduate engineer with experience in the metal and nonmetallic mining industry or shall have had at least five years' experience as a practical mining engineer in the metal and nonmetallic mining industry, and who shall not, within one year of his appointment as a member of the Board, have had a pecuniary interest in, or have been regularly employed or engaged in, the metal or nonmetallic mining industry, or have regularly represented either metal or nonmetallic mine operators or workers, or have been an officer or employee of the Department of the Interior assigned to duty in the Bureau of Mines. (d) The principal office of the Board shall be in the District of •Columbia. Whenever the Board deems that the convenience of the public or of the parties may be promoted, or delay or expense may be minimized, it may hold hearings or conduct other proceedings at any other place. The Board shall have an official seal which shall be judicially noticed and which shall be preserved in the custody of the secretary of the Board. (e) The Board shall, without regard to the civil service laws, appoint and prescribe the duties of a secretary of the Board and such legal counsel as it deems necessary. Subject to the civil service laws, the Board shall appoint such other employees as it deems necessary in exercising its powers and duties. The compensation of all employees appointed by the Board shall be fixed in accordance with the Classification Act of 1949, as amended. (f) Three members of the Board shall constitute a quorum, and official actions of the Board shall be taken only on the affirmative vote of at least three members; but a special panel composed of one or more members, upon order of the Board, shall conduct any hearing provided for in section 11 and submit the transcript of such hearing

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to the entire Board for its action thereon. Every official act of the Board shall be entered of record, and its hearings and records thereof shall be open to the public. (g) The Board shall hear and determine applications filed pursuant to section 11 for annulment or revision of orders made pursuant to section 8 or section 9. The Board shall not make or cause to be made any inspection of a mine for the purpose of determining any pending application. (h) The Board is authorized to make such rules as are necessary for the orderly transaction of its proceedings, which shall include requirement for adequate notice of hearings to all parties. (i) Any member of the Board may sign and issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and adminster oaths. Witnesses summoned before the Board shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (]) The Board may order testimony to be taken by deposition in any proceeding pending before it, at any stage of such proceeding. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce books, papers, or docum.ents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Board, as provided in subsection (i). Witnesses whose depositions are taken under this subsection, and the persons taking such depositions, shall be entitled to the same fees as are paid for like services m the courts of the United States. (k) In the case of contumacy by, or refusal to obey a subpena served upon, any person under this section, the Federal district court for any district in which such person is found or resides or transacts business, upon application by the United States, and after notice to such person and hearing, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Board or to appear and produce documents before the Board, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof. (1) The Board shall submit annually to the Congress as soon as practicable after the beginning of each regular session, a full report of its activities during the preceding calendar year. Such report shall include, either in summary or detailed form, information regarding the cases heard by it and the disposition of each. REVIEW BY BOARD

SEC. 11. (a) An operator notified of an order made pursuant to section 8 may apply to the Federal Metal and Nonmetallic Mine Safety Board of Review for annulment or revision of such order without seeking its annulment or revision under section 9. An operator notified of an order made pursuant to section 9 may apply to the Board for annulment or revision of such order. (b) The operator shall be designated as the applicant in such proceeding, and the application filed by him shall recite the order complained of and other facts sufficient to advise the Board of the nature of the proceeding. He may allege in such application: that danger as set out in such order does not exist at the time of the filing of such application; that violation of a mandatory safety standard, as set out in such order, has not occurred; that such violation has been totally

779

Review of application.

R u l e s of proceedings.

Subpena powers.

Testimony by deposition.

Report to Congress.

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Temporary relief pending he ai^

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PUBLIC LAW 89-577-SEPT. 16, 1966

[80 STAT.

or partially abated; that the period of time within which such violation should be be totally abated, as fixed in the findings upon which such order was based, was not reasonable; or that the area of the mine described in such order as the area affected by the violation referred to in such order is not so affected at the time of the filing of such application. The Secretary shall be the respondent in such proceeding, and the applicant shall send a copy of such application by registered mail or by certified mail to the Secretary at Washington, District of Columbia. (c) Immediately upon the filing of such an application the Board shall fix the time for a prompt hearing thereof. /(j\ Pending such hearing the applicant may file with the Board a \^/

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- n " !

^F

i

,

"^

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i

written request that the Board grant such temporary relief from such order as the Board may deem ]ust and proper. Such temporary relief may be granted by the Board only after a hearing by the Board at which both the applicant and the respondent were afforded an opportunity to be heard, and only if respondent was given ample notice of the filing of applicant's request and of the time and place of the hearing thereon as fixed by the Board. (e) The Board shall not be bound by any previous findings of fact by the respondent. Evidence relating to the making of the order complained of and relating to the questions raised by the allegations of the pleadings or other questions pertinent in the proceeding may be offered by both parties to the proceeding. If the respondent claims that imminent danger or violation of a mandatory safety standard, as set out in such order, existed at the time of the filing of the application, the burden of proving the then existence of such danger or violation shall be upon the respondent, and the respondent shall present his evidence first to prove the then existence of such danger or violation. Following presentation of respondent's evidence the applicant may present his evidence, and thereupon the respondent may present evidence to rebut the applicant's evidence. (f) If the proceeding is one in which an operator seeks annulment or revision of an order made pursuant to section 8(a) the Board, upon conclusion of the hearing, shall find whether or not danger throughout the area of such mine as set out in such order existed at the time of the filing of the operator's application. If the Board finds that such danger did not then exist throughout such area of such mine, the Board shall make an order, consistent with its findings, revising or annulling the order under review. If the Board finds that such danger did then exist throughout such area of such mine, the Board shall make an order denying such application. (g) If the proceeding is one in which an operator seeks annulment or revision of an order made pursuant to section 8(b), the Board upon conclusion of the hearing shall find whether or not there was a violation of a mandatory safety standard as described in such order, at the time of the making of such order. I f the Board finds there was no such violation, the Board shall make an order annulling the order under review. If the Board finds there was such a violation, the Board shall also find whether or not such violation was totally abated at the time of the filing of the operator's application. If the Board finds that such violation was totally abated at such time, the Board shall make an order annulling the order under review. If the Board finds that such violation was not totally abated at such time, the Board shall find whether or not the period of time within which such violation should be totally abated fixed under section 8(b) or section 9(b) should be extended. If the Board finds that such period of time should

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be extended, the Board shall also find what a reasonable extension of time should be, and shall immediately also find the extent of the area of such mine which was affected by such violation at the time of the filing of such application and the Board shall then make an order consistent with its findings, revising the order under review. If the Board finds that such violation was not totally abated at the time of the filing of the operator's application and that such period of time should not be extended, the Board shall find the extent of the area of such mine which was affected by such violation at such time, and shall make an order, consistent with its findings, affirming or revising the order under review. (h) Each finding and order made by the Board shall be in writing. I t shall show the date on which it is made, and shall bear the signatures of the members of the Board who concur therein. Upon making a finding and order the Board shall cause a true copy thereof to be sent by registered mail or by certified mail to all parties or their attorneys of record. The Board shall cause each such finding and order to be entered on its official record, together with any written opinion prepared by any members in support of, or dissenting from, any such finding or order. (i) In view of the urgent need for prompt decision of matters submitted to the Board under this section, all action which the Board is required to take under this section shall be taken as rapidly as practicable, consistent with adequate consideration of the issues involved. JUDICIAL

REVIEW

SEC. 12. (a) Any final order issued by the Board under section 11 shall be subject to judicial review by the United States court of appeals for the circuit in which the mine affected is located, upon the filing in such court of a notice of appeal by the Secretary or the operator aggrieved by such final order within thirty days from the date of the making of such final order. (b) The party making such appeal shall forthwith send a copy of such notice of appeal, by registered mail or by certified mail, to the other party and to the Board. Upon receipt of such copy of a notice of appeal the Board shall promptly certify and file in such court a complete transcript of the record upon which the order complained of was made. The costs of such transcript shall be paid by the party making the appeal. (c) The court shall hear such appeal on the record made before the Board, and shall permit argument, oral or written or both, by both parties. The court shall permit such pleadings, in additions to the pleadings before the Board, as it deems to be required or as provided for in the Rules of Civil Procedure governing appeals in such court. ^^ ^^^ ^PP(d) Upon such conditions as may be required and to the extent feJtuTe dlft-"^ ^^" necessary to prevent irreparable injury, the United States court of prsty^^nement. appeals may, after due notice to and hearing of the parties to the appeal, issue all necessary and appropriate process to postpone the effective date of the final order of the Board or to grant such other relief as may be appropriate pending final determination of the appeal. (e^ The United States court of appeals may affirm, annul, or revise the final order of the Board, or it may remand the proceeding to the Board for such further action as it directs. The findings of the Board as to facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. (f) The decision of a United States court of appeals on an appeal from the Board shall be final, subject only to review by the Supreme Court as provided in section 1254 of title 28 of the United States Code. ^2 Stat. 928. 65-300 0-67—52

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PUBLIC LAW 89-577-SEPT. 16, 1966 MANDATORY

[80 STAT.

REPORTING

SEC. 13. The Secretary shall require operators of mines which are subject to this Act to submit, at least annually and at such other times as he deems necessary, and in such form as he may prescribe, reports of accidents, injuries, and occupational diseases, and related data, and the Secretary shall compile, analyze, and publish, either in summary or detailed form, the information obtained; and all information, reports, orders, or findings, obtained or issued under this Act may be published and released to any interested person, and shall be made available for public inspection. PENALTIES

SEC. 14. (a) Whenever an operator (1) violates or fails or refuses to comply with any order of withdrawal and debarment issued under section 8 or section 9 of this Act, or (2) interferes with, hinders, or delays the Secretary, or his duly authorized representative, in carrying out his duties under this Act, or (3) refuses to admit an authorized representative of the Secretary to any mine which is subject to this Act, or (4) refuses to permit the inspection or investigation of any mine which is subject to this Act, or of an accident, injury, or occupational disease occurring in or connected with such a mine or (5) being subject to the provisions of section 13 of this Act, refuses to furnish any information or report requested by the Secretary, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the Secretary in the district court of the United States for the district in which the mine in question is located or in which the mine operator has its principal office. (b) Whoever violates or fails or refuses to comply with an order of withdrawal and debarment issued (1) under subsection (a) of section 8 or (2) under subsection (b) of section 8 if the failure to comply with an order of abatement has created a danger that could cause death or serious physical harm in such mine immediately or before the imminence of such danger can be eliminated, shall upon conviction thereof be punished for each such offense by a fine of not less than $100, or more than $3,000, or by imprisonment not to exceed sixty days, or both. I n any instance in which such offense is committed by a corporation, the officer or authorized representative of such corporation who knowingly permits such offense to be committed shall, upon conviction, be subject to the same fine or imprisonment, or both. EDUCATION A N D T R A I N I N G

SEC. 15. The Secretary shall develop expanded programs for the education and training of employers and employees in the recognition, avoidance, and prevention of accidents or unsafe or unhealthful working conditions in mines which.are subject to this Act. STATE PLANS

SEC. 16. (a) I n order to promote sound and effective coordination in Federal and State activities within the field covered by this Act, the Secretary shall cooperate with the official mine inspection or safety agencies of the several States. (b) Any State which, at any time, desires to develop and enforce health and safety standards in mines located in the State which are subject to this Act shall submit, through a State mine inspection or

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safety agency, a State plan for the development of such standards and their enforcement. (c) The Secretary shall approve the plan submitted by a State under subs-3ction (b), or any modification thereof, whenever the State gives evidence satisfactory to the Secretary that under such plan— (1) the State agency submitting such plan is the sole agency responsible for administering the plan throughout the State and contains satisfactory evidence that such agency will have the authority to carry out the plan: Provided, That the Secretary may, upon request of the Governor or other appropriate executive or legislative authority of the State responsible for determining or revising the organizational structure of State government, waive the single State agency provision hereof and approve another State administrative structure or arrangement if the Secretary determines that the objectives of this Act will not be endangered by the use of such other State structure or arrangement, (2) such agency has adequate legal authority to enforce existing health and safety standards for the purpose of the protection of life, the promotion of health and safety, and the prevention of accidents in mines in the State that are subject to this Act, which are, in his judgment, substantially as effective for such purposes as the mandatory standards designated under section 6(b) and which provide for inspection at least annually of all such mines, other than quarries and sand and gravel pits, (3) the agency has adequate qualified personnel necessary for the enforcement of the plan, (4) the State will devote adequate funds to the administration and enforcement of such standards, (5) reasonable safeguards exist against loss of life or property arising from mines which are closed or abandoned after the effective date of this Act, and (6) the agency shall make such reports to the Secretary, in such reports \T^^ form and containing such information, as the Secretary shall terior secretary. from time to time require. (d) The Secretary shall, on the basis of reports submitted by the State agency and his own inspection of mines, make a continuing evaluation of the manner in which each State having a plan approved under this section is carrying out such plan. Whenever the Secretary finds, after affording due notice and opportunity for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein), he shall notify the State agency of his withdrawal of approval of such plan and upon receipt of such notice such plan shall cease to be in effect. (e) The provisions of section 8(b) and 9(b) of this Act shall not be applicable in any State in which there is in effect a State plan approved under subsection (c). ADMINISTRATIVE

PROVISIONS

SEC. 17. The Secretary shall provide that the major responsibility for administering the provisions of this Act shall be vested in the Bureau of Mines of the Department of the Interior which has the major responsibility for carrying out the Federal Coal Mine Safety Act. The Secretary acting through the Bureau, shall have authority 30 u*sc 4^1" to appoint, subject to the civil service laws, such officers and employees note, as he may deem requisite for the administration of this Act; and to prescribe powers, duties, and responsibilities of all officers and employees engaged in the administration of this Act: Provided, however,

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[80 STAT.

That, to the maximum extent feasible, in the selection of persons for appointment as mine inspectors, no person shall be so selected unless he has the basic qualification of at least, five years practical mining experience and in assigning mine inspectors to the inspection and investigation of individual mines, due consideration shall be given to their previous practical experience in the State, district, or region, and in the particular type of mining operation where such inspections are to be made. EXCLUSION FROM ADMINISTRATIVE PROCEDURE ACT

5°ulc*"io"/" note.

S E C 18. The Administrative Procedure Act shall not apply to the making of any finding, order, or notice pursuant to this Act, or to any proceeding for the annulment or revision of any such finding, order, or notice. E F F E C T ON STATE L A W S

SEC. 19. (a) No State or territorial law in effect upon the effective date of this Act or which may become effective thereafter, shall be superseded by any provision of this Act, except insofar as such State or territorial law is in conflict with this Act, or with orders issued pursuant to this Act. (b) Provisions in any State or territorial law in effect upon the effective date of this Act, or which may become effective thereafter, which provide for greater safety of persons in a mine as defined in this Act, than do provisions of this Act, which relate to the same phase of such operations, shall not be construed or held to be in conflict with this Act. Provisions in any State or territorial law in effect upon the effective date of this Act, or which may become effective thereafter, which provide for the safety of persons in a mine as defined in this Act concerning which no provision is contained in this Act, shall not be construed or held to be superseded by this Act. (c) Nothing in this Act shall be construed or held to supersede or in any manner affect the workmen's compensation laws of any State or territory, or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under State or territorial laws in respect of injuries, occupational or other diseases, or death of employees arising out of, or in the course of, employment. REPORT OF SECRETARY

SEC. 20. The Secretary shall submit annually to the Congress, as soon as practicable after the beginning of each regular session, a full report of the administration of his functions under this Act during the preceding calendar year. Such report shall include, either in summary or detailed form, the information obtained by him under this Act, together with such findings and comments thereon and such recommendations for legislative action as he may deem proper. AUTHORIZATION OF APPROPRIATIONS

SEC. 21. There are authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Act.

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EFFECTIVE DATE OF A'CT

SEC. 22. This Act shall become effective on the date of its enactment, except that sections 8 and 9, and subsection (b) and paragraph (1) of subsection (a) of section 14 shall become effective one year after the date of publication of notice in the Federal Register of the designation of mandatory standards as provided for in section 6(b) of this Act. Approved September 16, 1966, 12:20 p.m.

Public Law 89-578 AN ACT To provide for regulation of the professional practice of certified public accountants in the District of Columbia, including the examination, licensure, registration of certified public accountants, and for other purposes.

September 16, 1966 [H. R. 13558]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act ciiumMa* rLtishall be known and may be cited as the "District of Columbia Certified fied Public AcP u b l i c Account a n c y Act of 1966".

countancy Act of 1966.

DEFINITIONS

SEC. 2. As used in this Act— (a) The term "certified public accountant" means a person who is the holder in good standing of a certificate of certified public accountant issued under the laws of any State or Territory of the United States authorizing him to practice as a certified public accountant in such State or territory. A "certified public accountant of the District of Columbia" is a person who is the holder in good standing of a certificate of certified public accountant issued under the Act of Congress approved February 17, 1923, as amended (42 Stat. 1261, ch. 94), or who is the holder in good standing of a certificate of certified public accountant or of an endorsement of certificate of certified puolic accountant issued pursuant to section 6 or 8, respectively, of this Act authorizing him to practice as a certified public accountant in the District of Columbia. (b) The term "Commissioners" means the Commissioners of the District of Columbia sitting as a board or their authorized agent or agents. (c) The term "Board" means the Board of Accountancy. (d) The term "person" includes partnerships, corporations and associations as well as natural persons.

D.C. Code 2-901 to 2-909.

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PUBLIC LAW 89-578-SEPT. 16, 1966

[80 STAT.

(e) The term "he" and the derivatives thereof shall be construed to include the word "she" and the derivatives thereof. SEC. 3. (a) No natural person shall assume or use the title or designation "certified public accountant" or the abbreviation "C.P.A.", or any other title, designation, words, letters, or abbreviations tending to indicate that such person is a certified public accountant, or is likely to be confused with "certified public accountant" or "C.P.A.", unless such person is a holder of a certificate of certified public accountant. No natural person shall engage or hold himself out to the public as being engaged in the practice of public accountancy as a certified public accountant in the District of Columbia, unless such natural person is the holder of a certificate of certified public accountant of the District of Columbia or an endorsement of certificate of certified public accountant as provided in sections 6 and 8 of this Act. (b) No partnership shall assume or use the title or designation "certified public accountants" or the abbreviation "C.P.A.'s" or any other title, designation, words, letters, abbreviations, sign, or device tending to indicate that such partnership is composed of certified public accountants, unless such partnership is registered as a partnership of certified public accountants under section 10 of this Act. (c) No corporation shall assume or use the title or designation "certified public accountant" or the abbreviation "C.P.A." or any other title, designation, words, letters, abbreviations, sign, card, or device tending to indicate that such corporation is licensed as a certified public accountant or likely to be confused with "certified public accountant" or "C.P.A." (d) Nothing in this Act shall be construed to prohibit any person, partnership, or corporation from practicing public accountancy either gratuitously or for hire: Provided, That such person, partnership, or corporation does not assume the title of "certified public accountant", or the abbreviation "C.P.A." or any other titles, designations, or abbreviations likely to be confused with "certified public accountant" or "C.P.A." coun^ncy', fsTab^^^- 4. (a) The Commissioners are hereby authorized and empowlishment. crcd to establish a Board of Accountancy, composed of three certified public accountants of the District of Columbia, to serve as their agent and to delegate to such Board of Accountancy any of the technical and professional functions vested in the Commissioners by this Act. Each of the members of the Board of Accountancy shall be registered in accordance with the provisions of section 9 of this Act and, at the time of appointment to the Board, shall have been engaged in the practice of public accountancy as a certified public acountant for a period of not less than ten years, at least five years of which shall have

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Page:Ecclesiastical History of Eusebius Pamphilus, 1842.djvu/463

Rh together from different and remote places, in the city of Arles, towards the calends of August, I have also thought proper to write to thee, that taking a public vehicle from the most illustrious Latronianus, corrector of Sicily, and taking with thee two others of the second rank, which thou mayest select, also three servants to afford you services on the way; I would have you meet them within the same day at the aforesaid place. That by the weight of your authority, and the prudence and unanimity of the rest that assemble, this dispute, which has disgracefully continued until the present time, in consequence of certain disgraceful contentions, may be discussed, by hearing all that shall be alleged by those who are now at variance, whom we have also commanded to be present, and thus the controversy be reduced, though slowly, to that faith, and observance of religion, and fraternal concord, which ought to prevail. May Almighty God preserve thee in safety many years."

" to Cæcilianus bishop of Carthage. As we have determined, that in all the provinces of Africa, Numidia, and Mauritania, something should be granted to certain ministers of the legitimate and most holy catholic (universal) religion, to defray their expenses, I have given letters to Ursus, the most illustrious lieutenant-governor of Africa, and have communicated to him, that he shall provide, to pay to your authority, three thousand folles.


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Page:United States Statutes at Large Volume 80 Part 1.djvu/823

 80 STAT. ]

PUBLIC LAW 89-578-SEPT. 16, 1966

been in the District of Columbia. The requirements of the preceding sentence shall not apply to those persons who are members of the Board of Accountancy on the date of enactment of this Act. The length of terms for Board members shall be three years and no person shall be appointed to the Board for more than two terms. The Commissioners shall have the authority to determine from time to time the amount of compensation to be paid to Board members. The Commissioners may remove any member of the Board of Accountancy for neglect of duty or for other sufficient cause. SEC. 5, The Commissioners are authorized to adopt from time to time such rules and regulations as may be necessary to carry out the purposes of this Act including, but not limited to, rules of professional conduct and grounds for denial, suspension, or revocation of any certificate, endorsement, or registration applied for or issued under this Act. The Board of Accountancy shall make recommendations to the Commissioners concerning the adoption of such rules and regulations. No such rules or regulations shall be adopted until after the Commissioners shall have held a public hearing thereon. SEC. 6. (a) The Commissioners are authorized to issue a certificate of certified public accountant of the District of Columbia to any applicant furnishing to the Commissioners satisfactory proof that he has 1 he following qualifications: (1) Is at least twenty-one years of age; (2) Is a citizen of the United States, or has declared his intention of becoming such citizen; (3) Has actually and continuously resided in or has been domiciled in the District of Columbia or has been regularly employed in the District of Columbia on a continuous full-time basis for a period of not less than one year immediately prior to the date of filing an application, or, in the case of an employee of a certified public accountant or firm of certified public accountants registered to practice in the District of Columbia, has been a bona fide resident of a foreign country for a period of not less than eighteen months immediately preceding the date of filing an application and is not qualified to be examined and to receive a certificate of certified public accountant in the State of last residence solely because of the aforesaid residence abroad; (4) Has had the education and experience specified in section 7 hereof; (5) Has successfully completed an examination in accounting and such related subjects as prescribed by the Commissioners; (6^ Is of good moral character; and (7) Has paid all required fees.

787

Rules and regulations.

C.P.A. certificate, issuance.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/824

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PUBLIC LAW 89-578-SEPT. 16, 1966

[80 STAT.

(b) Applications for certificate of certified public accountant by examination approved prior to the effective date of this Act by the Commissioners of the District of Columbia, created under prior law, shall be regarded as applications filed under this Act, and the terms and conditions governing carryover credits for having passed a part of the examination in effect at the effective date of this Act, shall control with respect to such applications. (c) A person who holds a certificate of certified public accountant issued under the laws of the District of Columbia on the effective date of this Act shall not be required to obtain an additional certificate under this Act, but shall otherwise be subject to all the provisions of this Act and such certificate shall, for all purposes, be considered a certificate issued under this Act and subject to the provisions hereof. The holder of a certificate of certified public accountant which is in full force and effect, shall be styled and known as a certified public accountant and may also use the abbreviation "C.P.A.". Educational and gj^^^ Y. (a) Commencing on the effective date of this Act and for experience rC' one year thereafter the educational and experience requirements shall quirements be: (1) Completion of a four-year course of study at an approved high school, or the equivalent of such a course of study, and (2) Completion of a. resident course of study satisfactory to the Commissioners at an institution, junior college, or school of accountancy, or combination thereof, of not less than sixty semester hours of which a minimum of thirty semester hours shall have been in accounting theory and practice, in auditing, and in commercial law as affecting accountancy, and the remainder of the semester hours shall have been in subjects satisfactory to the Commissioners, and (3) Not less than one j^ear's experience satisfactory to the Commissioners in the full-time employment of a certified public accountant of the District of Columbia or of any State or territory of the United States, regularly engaged in the full-time public practice of his profession as a certified public accountant, or in the full-time employment of a firm of certified public accountants all the partners of which are certified public accountants of the District of Columbia or of some other State or territory of the United States, and said firm is regularly engaged in the full-time public practice as certified public accountants. (b) Commencing one year from the date of enactment of this Act, the educational and experience requireinents shall be: (1)(A) Completion of a four-year course of study at an approved high school, or the equivalent of such a course oi study, and (B) Completion of a resident course of study satisfactory to the Commissioners at an institution, junior college, or school of accountancy, or combination thereof, of not less than sixty semester hours of which a minimum of thirty semester hours shall have been in accounting theory and practice, in auditing, and in commercial law as affecting accountancy and the remainder of the semester hours shall have been in subjects satisfactory to the Commissioners, and (C) Not less than four years' experience satisfactory to the Commissioners in the full-time employment of a certified public accountant of the District of Columbia or of some other State or territory of the United States regularly engaged in the full-time public practice of his profession as a certified public accountant or in the full-time employment of a firm or certified public accountants, all the partners of which are certified public accountants of the District of Columbia or of some other State or terri-

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Page:United States Statutes at Large Volume 80 Part 1.djvu/825

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PUBLIC LAW 89-578-SEPT. 16, 1966

tory of the United States, and said firm is regularly engaged in the full-time public practice as certified public accountants, or (2)(A) Completion of a four-year course of study at an approved high school or the equivalent of such a course of study, and (B) Completion of a resident course of study satisfactory to the Commissioners at an institution, junior college, or school of accountancy, or combination thereof, of not less than ninety semester hours of which a minimum of thirty semester hours shall have been in accounting theory and practice, in auditing, and in commercial law as affecting accountancy, and the remainder of the semester hours shall have been in subjects satisfactory to the Commissioners, and (C) Not less than three years' experience satisfactory to the Commissioners in the full-time employment of a certified public accountant of the District of Columbia or of some other State or territory of the United States regularly engaged in the full-time public practice of his profession as a certified public accountant or in the full-time employment of a firm of certified public accountants, all the partners of which are certified public accountants of the District of Columbia or of any State or territory of the United States, and said firm is regularly engaged in the fulltime public practice as certified public accountants, or (3) (|A) Completion of a four-year course of study at an approved high school or the equivalent of such a course of study; and (B) Completion of a resident course of study satisfactory to the Commissioners at an institution, junior college, or school of accountancy, or combination thereof, of not less than one hundred and twenty semester hours with a major in accountancy satisfactory to the Board, or what the Board determines to be substantially the equivalent thereof, and (C) Not less than two years' experience satisfactory to the Commissioners in the full-time employment of a certified public accountant of the District of Columbia or of some other State or territory of the United States regularly engaged in the full-time public practice of his profession as a certified public accountant or in the full-time employment of a firm of certified public accountants all the partners of which are certified public accountants of the District of Columbia or of some other State or territory of the United States and said firm is regularly engaged in the full-time public practice as certified public accountants. (c) Commencing with the effective date of this Act, the Commissioners may, upon recommendation of the Board of Accountancy, except for any required year of certified public accountant employment as set forth in subsections (b)(1)(C), (b)(2)(C), and (b)(3) (C) of this sedtion, one and one-half years of actual and continuous experience of any person (1) in auditing the books and accounts of other persons in three or more distinct lines of commercial business in accordance with generally accepted auditing standards, or (2) in a combination satisfactory to the Board of the experience described in (1) above together with auditing the books and accounts or activities of three or more governjmental agencies or distinct organizational units in accordance with generally accepted auditing standards and reporting on their operations to a third party, to the Congress, or to a State legislature, or ^3) in reviewing financial statements and supporting material covering the financial condition and operations of private business entities to determine the reliability and fairness of

789

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PUBLIC LAW 89-578~SEPT. 16, 1966

[80 STAT.

the financial reporting and compliance with generally accepted accounting principles and applicable Government regulations for the protection of investors and consumers. Nothing in this subsection shall be interpreted as precluding consideration of Government experience for recognition under this subsection. (d) I n general, the educational and experience requirements specified in this section shall be those in effect on the final date for accepting applications for the examination for which the applicant first sits, but the Commissioners may permit exceptions to the general rule in order to prevent what they determine to be undue hardship to applicants resulting from changes in the edvicational and experience requirements made by this Act. (e) The Commissioners are authorized and empowered to alter, amend, and otherwise change the educational and experience requirements specified in this section at any time, but in altering, amending, or changing said standards the Commissioners shall not be permitted to lower the same below the standards herein set forth. cp^A^'^certm- °^ S^C- ^- (^) The Commissioners may, in their discretion, waive the cate. examination specified in section 6 of this Act and may issue an endorsement of certificate of certified public accountant, renewable periodi(ally but no more frequently than annually, to an applicant who— (1) is a certified public accountant of a State or territory of the United States, or who is the holder of a certificate of certified public accountant, or the equivalent thereof, issued in any foreign country, provided the requirements for such certificate are, in the opinion of the Commissioners, equivalent to those herein required; and (2) meets the qualifications specified in clauses (1), (2), (4), (6), and (7) in subsection (a) of section 6 of this Act: Prmnded^ however, That an applicant who is a certified public accountant in good standing of a State or territory shall not be required to meet more extensive educational and experience qualifications than those required by the District of Columbia at the time when such applicant was granted his certificate of certified public accountant by such State or territory; and (3) declares his intention under oath of opening and maintaining or being employed in an office in the District of Columbia for the purpose of engaging in the full-time public practice of his profession as a certified public accountant of the District of Columbia. (b) The holder of endorsement of certificate of certified public accountant, in full force and effect, shall have all of the privileges of the holder of a certificate of certified public accountant issued under section 6 of this Act and shall be subject to all of the provisions of the Act. Registration. gjj(^_ 9^ Every Certified public accountant engaged in or wiio proposes to engage in the public practice of his profession as a certified public accountant in the District of Columbia is hereby required to register periodically but no more frequently than annually with the Commissioners. A certified public accountant of the District of Columbia employed in the District of Columbia by another certified public accountant registered under this section or by a partnership of certified public accountants registered under section 10 of this Act, shall also be required to register. Failure of a certified public accountant or registrant to apply for such original or renewal registration shall deprive him of the right to engage in or continue to engage in the public practice of his profession as a certified public accountant unless and until he subsequently applies for and obtains such registration.

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PUBLIC LAW 8 9 - 5 7 8 - S E P T. 16, 1966

791

SEC. 10. (a) A partnership which maintains an office within and engages in the full-time practice of public accountancy or a partnership which may hereafter wish to practice as such in the District of Columbia, may apply for registration, renewable periodically but no more frequently than annually, with the Commissioners as a partnership of certified public accountants, provided it meets all of the following requirements: (1) Each partner thereof is a certified public accountant in good standing of the District of Columbia or of some State or territory. (2) A t least one partner or the resident manager thereof is a certified public accountant of the District of Columbia engaged in the full-time practice of public accountancy in the District of Columbia. (3) Each partner thereof engaged in public practice as a certified public accountant in the District of Columbia is a certified public accountant of the District of Columbia. (b) A registered partnership of certified public accountants, and only such partnership may use the title "Certified Public Accountants" and the abbreviation "C.P.A.s" in connection with the partnership name in the District of Columbia. Revocation of SEC. 11. After notice by registered or certified mail and reasonable certificates, etc. opportunity for a hearing, the Commissioners are authorized and empowered to revoke, or suspend for not more than three years, any certificate, endorsement, or registration issued by the Commissioners in accordance with the provisions of this Act, or to refuse to grant or renew, any certificate, endorsement, or registration applied for in accordance with the provisions of this Act, or may censure the holder thereof if the applicant or holder thereof violates the rules of professional conduct or other rules and regulations adopted pursuant to this Act, or for other sufficient cause: Provided, That said denial, suspension, or revocation shall be made only upon specific charges in writing. A certified copy of any such charge and at least twenty days' notice of the hearing of the same, shall be served upon the holder of or applicant for such certificate, endorsement, or registration. SEC. 12. The Commissioners are hereby authorized and empowered subpena power. in connection with any hearing conducted pursuant to authority contained in section 11 of this Act, to subpena any necessary witnesses, books, papers, records, and documents. Any such hearing shall be considered an investigation of a municipal matter within the meaning of the Act of July 1, 1902 (32 Stat. 591; D.C. Code, sec. 1-237). SEC. 13. After notice and hearing are given as provided for in section 11 of this Act, the Commissioners may revoke or suspend the registration of a partnership or may censure a registered partnership for any of the causes described in section 11 of this Act, or for any of the following additional causes: (1) failure to maintain the qualifications prescribed by section 10 of this Act; (2) the revocation or suspension by the Commissioners of the certificate or endorsement of a certificate of certified public accountant of any partner; or (3) the cancellation, revocation, suspension or refusal to renew the authority of the partnership or any partner thereof to practice public accountancy m any State or territory. SEC. 14. The Commissioners shall adopt and prescribe administrative ^"^^^'^ hearings. procedures for public hearings for the purpose of denial, suspension, or revocation oi a certificate, endorsement, or registration. SEC. 15. Upon application in writing and after hearing pursuant to ce^«nca"tes" °^ notice, the Commissioners may issue a new certificate or endorsement

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Page:United States Statutes at Large Volume 80 Part 1.djvu/828

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Penalty for

Severability of provisions.

Fees.

PUBLIC LAW 89-578-SEPT. 16, 1966

[80 STAT.

of certificate of certified public accountant to a person whose certificate or endorsement of certificate shall have been revoked, or may permit the registration of a partnership or of a practicing certified public accountant whose registration has been revoked. SEC. 16. Nothing contained in this Act shall prohibit any natural person not a certified public accountant from serving as an employee of or an assistant to a certified public accountant or a partnership of certified public accountants. Nothing contained in this Act shall prohibit a certified public accountant or a partnership of certified public accountants of another State from temporarily performing specific accounting engagements in the District of Columbia on professional business incident to regular practice outside the District of Columbia: Provided, That such temporary practice is conducted in conformity with the rules of professional conduct promulgated by the Commissioners. SEC. 17. Any person who violates any provision of section 3 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500 or to imprisonment for not more than one year, or both such fine and imprisonment. Whenever the Commissioners have reason to believe that any person is liable to punishment under this section, they may refer the facts to the Corporation Counsel of the District of Columbia, who may cause the proper proceedings to be brought, if, in his judgment, such as warranted. Prosecutions for violations of any provision of section 3 of this Act shall be conducted in the District of Columbia Court of General Sessions in the name of the District of Columbia by the Corporation Counsel or any of his assistants. SEC. 18. The use, display, or uttering by a person of a letterhead, listing, card, sign, advertisement, directory classification, or other printed, engraved, or written instrument or device, bearing a person's name in conjunction with the words "certified public accountant" or "certified public accountants" or any abbreviation thereof, shall be prima facie evidence in any action brought under section 17 of this Act that the person whose name is so displayed caused or procured the display or uttering of such letterhead, listing, card, sign, advertisement, directory classification, or other printed, engraved, or written instrument or device, and that such person is holding himself out to be a certified public accountant or partnership of certified public accountants. SEC. 19. All statements, records, schedules, working papers, and memorandums made by a certified public accountant or by a partnership of certified public accountants incident to or in the course of professional service to clients, except reports submitted to clients, shall be and remain the property of such certified public accountant or partnership in the absence of an express agreement between such persons and the client to the contrary. No such statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or his personal representative or assignee, to anyone other than one or more surviving partners or new partners of such persons. gj;Q^ 20. If any provisiou of this Act or the application thereof ^^ ^^^ persoii or to any circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. gj;(3 21. The Commissioners are authorized and empowered, after public hearing, to establish, abolish, increase, or decrease, from time to time, fees and charges necessary to defray the approximate cost of administering the provisions of this Act. All funds derived from fees

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STAT.]

PUBLIC LAW 89-579-SEPT. 16, 1966

and charges collected relevant to the administration of this Act shall be paid into the Treasury of the United States to the credit of the District of Columbia. SEC. 22. There is hereby authorized to be appropriated out of revenues of the District of Columbia such funds as may be necessary to pay the expenses of administering and carrying out the purpose of this Act. SEC. 23. The Act entitled "An Act to create a board of accountancy for the District of Columbia, and for other purposes", approved February 17, 1923 (42 Stat. 1261), as amended, is hereby repealed. SEC. 24. This Act shall take effect ninety days after the date of its enactment. Approved September 16, 1966.

793

Appropriation.

Repeal. D.C. Code 2-901 to 2-909. Effective date.

Public Law 89-579 AN ACT

September 16, 1966

To provide adjustments in order to make uniform the estate acquired for the Vega Dam and Reservoir, Colibran project, Colorado, by authorizing the Secretary of the Interior to reconvey mineral interests in certain lands.

[H. R. 399]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to provide.adjustments in the interests in land heretofore acquired for the Vega Dam and Reservoir, Colibran project, Colorado, and thereby make uniform the estate acquired to fulfill necessary real estate requirements of the project, the Secretary of the Interior is.authorized to reconvey to the former owner thereof any mineral interest, including oil and gas, heretofore acquired for said project, whenever the Secretary shall determine that the retention of such mineral interest is not required for public purposes and he shall have received an application for reconveyance as hereinafter provided. SEC. 2. The Secretary shall give notice to the former owner of such mineral interest of the availability of the interest for reconveyance under the provisions of this Act. The former owner shall thereafter file an application within ninety days of the date of notice if he desires to have the interest reconveyed to him. SEC. 3. Any mineral interest reconveyed under this Act shall be transferred for an amount determined by the Secretary to be equal to the price at which the mineral interest was acquired by the United States. SEC. 4. As used in this Act the term "former owner" means the person from whom any mineral interest was acquired by the United States or, if such person is deceased, his spouse; or if such spouse is deceased, his children or heirs at law. SEC. 5. The Secretary of the Interior may delegate any authority conferred upon him by this Act to any officer or employee of the Department of the Interior. Such officer or employee Fhall exercise the authority so delegated under regulations prescribed by the Secretary. Approved September 16, 1966.

Vega Dam and Reservoir, Colo. Mineral intere s t s, reconveyance.

'Former owner.'

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PUBLIC LAW 89-580-SEPT. 16, 1966

[80

STAT.

Public Law 89-580 September 16, 1966

[H. R. 7446]

Navy Department civilian employees. Naval shipyard, Portsmouth, Va.

64 Stat. 39 5.

5 USC 61f.

70 Stat. 743. 5 USC 2251 note. 68 Stat. 736. 5 USC 2091 note.

AN

ACT

j,^j. ^jjg relief of certain civilian employees and former civilian employees of.the Department of the Navy at the Norfolk Naval Shipyard, Portsmouth, Virginia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) each civilian employee and former civilian employee of the Department of the Navy at the Norfolk Naval Shipyard, Portsmouth, Virginia, who was determined by the Comptroller General to have received any overpayment of compensation for the period from March 1, 1953, to January 29, 1965, inclusive, or any portion or portions of such period, resulting from a longevity step increase or increases granted to him through administrative error at such shipyard (which employees are named and the amount of overpayments made to them are set forth in the list appearing in file B-154699 of the Comptroller General), is hereby relieved of all liability to refund to the United States the amount of all such overpayments (including overpayments of night differential, holiday, and overtime premium pay) made to him. Each such employee or former employee who has at any time made any repayment to the United States on account of any such overpayments made to him (or, in the event of his death, the person who would be entitled thereto under the first section of the Act of August 3, 1950 (50 U.S.C. 61f), if any such repayment or repayments were unpaid compensation) shall be entitled to have an amount equal to all such repayments made by him refunded if application therefor is made to the Secretary of the Navy within two years after the date of enactment of this Act. (b) For purposes of the Civil Service Ketirement Act and the Federal Employees' Group Life Insurance Act of 1954, each overpayment for which liability is relieved by subsection (a) of this section shall be deemed to have been a valid payment. SEC. 2. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States full credit shall be given for any amounts for which liability is relieved by the first section of this Act. SEC. 3. Appropriations available for the pay of civilian employees of the Department of the Navy shall be available for refunds provided for in the last sentence of the first section of this Act. SEC. 4. No part of an amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with a claim paid under the authority of this Act, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved September 16, 1966.

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PUBLIC LAW 89-583-SEPT. 19, 1966

795

Public Law 89-581 AN ACT

September 16, 1966

To rename a lock of the Cross-Florida Barge Canal the "R. N. Bert Dosh lock".

[H. R. 790]

Be it enacted by the Senate aTid House of Representatives of the R. United States of America in Congress assembled, That the Silver lock. N. Bert Dosh Springs lock of the Cross-Florida Barge Canal shall, after the date '"obsignation. of enactment of this Act, be known and designated as the "R. N. Bert Dosh lock". Any law, regulation, map, document, or record of the United States in which such lock is referred to shall be held and considered to refer to such lock as the "R. N. Bert Dosh lock". Approved September 16, 1966.

Public Law 89-582 AN ACT

September 16, 1966

To amend the Ship Mortgage Act, 1920, relating to fees for certification of certain documents, and for other puriwses.

[H. R. sooo]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third sen- A^,'^i92o'*fmendtence of subsection I of the Ship Mortgage Act, 1920 (41 Stat. 1002; ments. 46 U.S.C. 927), is amended by striking out the period at the end there- Documents. of and inserting in lieu thereof a comma and the following: "except that if a person requesting certification of more than ten copies of a mortgage Which includes more than one vessel, furnishes such copies to the collector, the fee for certification of each copy in excess of ten shall be $1 per copy." SEC. 2. (a) Subsection E of the Ship Mortgage Act, 1920 (42 U.S.C. 923), is amended by inserting at the end thereof the following: ^i Stat. loo i. "The requirement of this subsection that a copy of a preferred mortgage be placed and retained on board the mortgaged vessel shall not apply in the case of a mortgaged vessel which is not self-propelled (including but not limited to, barges, scows, lighters, and car floats)." (b) The amendment made by subsection (a) of this section shall apply to all mortgages whether made before, on, or after the date of enactment of this section. Approved September 16, 1966.

Public Law 89-583 AN ACT

September 19, 1966

To amend further the Foreign Assistance Act of 1961, as amended, and for other purposes.

[H. R. 1575Q]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may ancAcTot^igeT be cited as the "Foreign Assistance Act of 1966".

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PUBLIC LAW 89-583-SEPT. 19, 1966

[80 STAT.

PART I C H A P T E R 1—POLICY 79^st^t*^653^^' 22 USC 2151.

SEC. 101. Section 102 of the Foreign Assistance Act of 1961, as amended, which relates to the statement of policy, is amended as follows:

(a) I n the last paragraph, immediately before the period at the end thereof, insert the following: "and to provide adequate compensation for such damage or destruction". (b) A t the end of section 102 add the following new paragraph: "The furnishing of economic, military, or other assistance under this Act shall not be construed as creating a new commitment or as affecting any existing commitment to use armed forces of the United States for the defense of any foreign country." CHAPTER 2—DEVELOPMENT ASSISTANCE TITLE I—DEVELOPMENT LOAN F U N D

71 Stir 380^^' 22 USC 2161.

Post, p. 79 7. ^^t%!^ *° *^°"'

22 USC 2162.

SEC. 102. Title I of chapter 2 of part I of the Foreign Assistance Act of 1961, as amended, which relates to the Development Loan Fund, is amended as follows: (^) Section 201(b), which relates to general authority to make loans from the Development Loan Fund, is amended as follows: (1) I n the second sentence, strike out the word "and" at the end of clause (5) and strike out the period at the end of the sentence and insert a comma and the following: "(7) the degree to which the recipient country is making progress toward respect for the rule of law, freedom of expression and of the press, and recognition of the importance of individual freedom, initiative, and private enterprise, (8) the degree to which the recipient country is taking steps to improve its climate for private investment, and (9) whether or not the activity to be financed will contribute to the achievement of self-sustaining growth." (2) At the end thereof add the following new sentence: "Funds made available under this title, except funds made available pursuant ^Q section 205, shall not be used to make loans in more than ten countries in any fiscal year, except that such loans may be made in any additional country after at least thirty days shall have elapsed following the submission by the President to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives of a report stating that the making of loans in such additional country during such fiscal year is in the national interest and giving his reasons therefor." ^]3^ Section 202(a), which relates to authorization for the Development Loan Fund, is amended as follows: (1) Strike out "$1,200,000,000" and all that follows down through "succeeding fiscal years" and insert in lieu thereof "$685,000,000 for the fiscal year 1967 and $750,000,000 for each of the fiscal years 1968 and 1969".

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(2) I n the second proviso, strike out "June 30, 1965, and June 30, 1966" and insert in lieu thereof "June 30, 1967, through June 30, 1969". (c) Amend section 205, which relates to use of international lending organizations, to read as follows: "SEC. 205. In order to serve the purposes of this title and the policy contained in section 619, 10 per centum of the funds made available for this title shall be available only for transfer, on such terms and conditions as the President determines, to the International Development Association, the International Bank for Reconstruction and Development, or the International Finance Corporation for use pursuant to the laws governing United States participation in such institutions, if any, and the governing statutes thereof and without regard to section 201 or any other requirements of this or any other Act."

797

^| ^*|^- ^^^^ ^| ^^l^- ^^^^

TITLE II — T E C H N I C A L COOPERATION AND DEVELOPMENT GRANTS

SEC. 103. Title II of chapter 2 of part I of the Foreign Assistance Act of 1961, as amended, which relates to technical cooperation and development grants, is amended as follows: (a) Section 211, which relates to general authority, is amended as H ^*|^- ^27. follows: (1) I n the second sentence of subsection (a) strike out "and" at the end of clause (5) and strike out the period at the end of the sentence and insert a comma and the following: "(7) the degree to which the recipient country is making progress toward respect for the rule of law, freedom of expression and of the press, and recognition of the importance of individual freedom, initiative, and private enterprise, and (8) whether or not the activity to be financed will contribute to the achievement of self-sustaining growth." (2) At the end of subsection (a), add the following new sentence: "The authority of this title shall not be used to furnish assistance to more than forty countries in any fiscal year, except that such assistance may be furnished to any additional country after at least thirty days shall have elapsed following the submission by the President to ^ Report to the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives of a report stating that the furnishing of assistance to such additional country during such fiscal year is in the national interest and giving his reasons therefor." (3) At the end of section 211, add the following new subsections: " (d) Not to exceed $10,000,000 of funds made available under section 212, or under section 252 (other than loan funds), may be used Ij ^g^ 2212' for assistance, on such terms and conditions as the President may specify, to research and educational institutions in the United States for the purpose of strengthening their capacity to develop and carry out programs concerned wth the economic and social development of less developed countries. "(e) I n any developing countries or areas where food production is not increasing enough to meet the demands of an expanding population, or diets are seriously deficient, a high priority shall be given to efforts to increase agricultural production, particularly the establishment or expansion of adaptive research programs designed to increase acre-yields of the major food crops. Such research programs, to the greatest extent possible, should be based on cooperative undertakings between universities and research institutions in the developing countries and United States universities and research institutions." (b) Section 212, which relates to authorization, is amended by strik- ^^ ^*^'' ^^'*" ing out "1966" and inserting in lieu thereof "1967".

65-300 0-67—53

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 798 22 USC 2174. 75 Stat. 428.

79 Stat. 654.

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[80 STAT.

^^^ Section 214, which relates to American schools and hospitals abroad, is amended as follows: ^^^ jj^ subsectioH (b), strike out "to hospitals outside the United States founded or sponsored by United States citizens and serving as centers for medical education and research" and insert in lieu thereof "to institutions referred to in subsection (a) of this section, and to hospital centers for medical education and research outside the United States, founded or sponsored by United States citizens". (2) Subsection (c), which relates to authorization, is amended by striking out "1966, $7,000,000" and inserting in lieu thereof "1967, $10,989,000". (3) At the end of such section add the following new subsection: " (d) There is authorized to be appropriated to the President for the purposes of section 214(b), in addition to funds otherwise available for such purposes, for the fiscal year 1967, $1,000,000 in foreign currencies which the Secretary of the Treasury determines to be excess to the normal requirements of the United States." TITLE III—INVESTMENT GUARANTIES

22 USC 2181.

22 USC 2182.

22 USC 2184. 79 Stat. 655.

SEC. 104. Title III of chapter 2 of part I of the Foreign Assistance Act of 1961, as amended, which relates to investment guaranties, is amended as follows: (a) Section 221(b), which relates to general authority for investment guaranties, is amended as follows: (1) I n paragraph (1), strike out "$5,000,000,000" and insert in lieu thereof "$7,000,000,000" (2) I n the third proviso of paragraph (2), strike out "$300,000,000" and "$175,000,000" and insert in lieu thereof "$375,000,000" and "$215,000,000", respectively, and strike out "Federal Housing Administration" and insert in lieu thereof "Department of Housing and Urban Development". (3) I n the fourth proviso of paragraph (2), strike out "1967" and insert in lieu thereof "1969". ^1^^ Section 222, which relates to general provisions, is amended by adding at the end thereof the following new subsection: " (h) I n the case of any loan investment for housing guaranteed under section 221(b)(2) or section 224, the Administrator of the Agency for International Development shall prescribe the rate of interest allowable to the eligible United States investor, which rate shall not be less than one-half of 1 per centum above the then current rate of interest applicable to housing mortgages insured by the Department of Housing and Urban Development. I n no event shall the Administrator prescribe an allowable rate of interest which exceeds by more than 1 per centum the then current rate of interest applicable to housing mortgages insured by such Department." ^g^ Section 224, which relates to housing projects in Latin American countries, is amended as follows: (1) I n subsection (b)(1), strike out "Federal Housing Administration" and insert in lieu thereof "Department of Housing and Urban Development". (2) In subsection (c), strike out "$400,000,000" and insert in lieu thereof "$450,000,000: Provided, That $300,000,000 be used for the purposes of section 224(b)(1)". (3) In the last proviso of subsection (c), strike out "1967" and insert in lieu thereof "1969".

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TITLE VI—ALLIANCE FOR PROGRESS

SEC. 105. Title VI of chapter 2 of part I of the Foreign Assistance Act of 1961, as amended, which relates to the Alliance for Progress, is amended as follows: (a) Section 251, which relates to general authority, is amended as 77 76 Stat. 257; Stat. 382. follows: 22 USC 2211. (1) I n the second sentence of subsection (b), strike out "and" at the end of clause (3) and strike out the period at the end of the sentence and insert a semicolon and the following: "(5) the degree to which the recipient country is making progress toward respect for the rule of law, freedom of expression and of the press, and recognition of the importance of individual freedom, initiative, and private enterprise; (6) the degree to which the recipient country is taking steps to improve its climate for private investment; (7) whether or not the activity to be financed will contribute to the achievement of selfsustaining growth; and (8) the extent to which the activity to be financed will contribute to the economic or political integration of Latin America." (2) A t the end of such section add the following new subsection: " (h) Loans may be made under authority of this title only for social and economic development projects and programs which are consistent with the findings and recommendations of the Inter-American Committee for the Alliance for Progress in its annual review of national development activities. Whenever the President determines that the purposes of this title would be better served thereby, he may make avanable, in addition to any other funds available for such purposes, on such terms and conditions as he determines, not to exceed 15 per centum of the funds made available for this title to the InterAmerican Development Bank, or to any of the institutions named in section 205, for use pursuant to the laws governing United States "*"'*' ^' ''^'^• participation in the said Bank or in such institutions and the governing statutes thereof and without regard to section 201 or any other requirements of this or any other Act." (b) Section 252, which relates to authorization, is amended as 22 USC 2212 follows: (1) I n the first sentence, strike out "use beginning" the first place it appears and all that follows down through "year 1966" and insert in lieu thereof "the fiscal year 1967, $696,500,000, and for each of the fiscal years 1968 and 1969, $750,000,000, which amounts are authorized to remain available until expended and which, except for not to exceed $100,000,000 in each such fiscal year". (2) I n the second sentence, strike out "1964 through 1966" and insert in lieu thereof "1968 and 1969". (3) I n the last sentence, strike out "June 30, 1965 and June 30, 1966" and insert in lieu thereof "June 30, 1967, through June 30, 1969". TITLE VIII — S O U THE A S T ASIA MULTILATERAL AND REGIONAL PROGRAMS 22 SEC. 106. Chapter 2 of part I of the Foreign Assistance Act of 1961, 2216. u s e 2161as amended, is amended by adding at the end thereof the following new titles: " TITLE VIII — S O U THE A S T ASIA MULTILATERAL AND REGIONAL PROGRAMS

271. GENERAL PROVISIONS.—The acceleration of social and economic progress in southeast Asia is important to the achievement of the United States foreign policy objectives of peace and stability in that area. I t is the sense of Congress that this objective would be "SEC.

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served by an expanded effort by the countries of southeast Asia and other interested countries in cooperative programs for social and economic development of the region, employing both multilateral and bilateral channels of assistance. "SEC. 272. SPECIAL PROVISIONS.—In providing assistance to further the purposes of this title the President shall take into account: " (1) initiatives in the field of social and economic development by Asian peoples and institutions; " (2) regional economic cooperation and integration in southeast Asia; "(3) the extent of participation by other potential donor countries; "(4) the degree of peaceful cooperation among the countries of southeast Asia toward the solution of common problems; and "(5) the ability of multilateral institutions or other administering authorities to carry out projects and programs effectively, efficiently, and economically. "SEC. 273. AUTHORIZATION.—The President is authorized to utilize not to exceed $10,000,000 of the funds otherwise available to carry out the provisions of part I of this Act (other than title VI of this chapter) to furnish assistance under this title on such terms and conditions as he may determine, in order to promote social and economic development and stability in southeast Asia. a,TITLE IX—UTILIZATION OF DEMOCRATIC INSTITUTIONS IN DEVELOPMENT

"SEC, 281. I n carrying out programs authorized in this chapter, emphasis shall be placed on assuring maximum participation in the task of economic development on the part of the people of the developing countries, through the encouragement of democratic private and local jrovernmental institutions." C H A P T E E 3—INTERNATIONAL ORGANIZATIONS A N D PROGRAMS

7 5 Stat. 433. 22 USC 2221.

22 USC 2161. Economic or technical assistance to euba, restriction.

79 Stat. 6 56.

SEC. 107. Chapter 3 of part I of the Foreign Assistance Act of 1961, as amended, which relates to international organizations and programs, is amended as follows: (a) Section 301(a), which relates to general authority, is amended by inserting immediately after "by such organizations" the following: ", and in the case of the Indus Basin Development Fund administered by the International Bank for Reconstruction and Development to make grants and loans payable as to principal and interest in United States dollars and subject to the provisions of section 201(d),". (b) Section 301(b), which relates to general authority, is amended by striking out "United Nations Expanded Program of Technical Assistance and the United Nations Special F u n d " and inserting in lieu thereof "United Nations Development Program" and by adding at the end thereof the following new sentence: "The President shall seek to assure that no contribution to the United Nations Development Program authorized by this Act shall be used for projects for economic or technical assistance to the Government of Cuba, so long as Cuba is governed by the Castro regime." (c) Section 301(c), which relates to assistance for Palestine refugees in the Near East, is amended by striking out the last sentence and inserting in lieu thereof the following: "Contributions by the United States for the fiscal year 19,67 shall not exceed $13,300,000. No contributions under this subsection shall be made except on the condition that the United Nations Relief and Works Agency take all possible

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measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army." (d) Section 302, which relates to authorization, is amended to read y/Stat.^gsg^^' as follows: 22 USC 2222. "SEC. 302. AUTHORIZATION.— (a) There is authorized to be appropriated to the President for grants to carry out the purposes of this chapter, in addition to funds available under any other Act for such purposes, for the fiscal year 1967 not to exceed $140,433,000. " (b) There is authorized to be appropriated to the President, for the fiscal year 1967, $1,000,000 for contributions to the United Nations Children's Fund during the calendar year 1967. Funds made available under this subsection shall be in addition to funds available under this or any other Act for such contributions and shall not be taken into account in computing the aggregate amount of United States contributions to such fund for the calendar year 1967. "(c) None of the funds available to carry out this chapter shall be contributed to any international organization or to any foreign government or agency thereof to pay the costs of developing or operating any volunteer program of such organization, government, or agency relating to the selection, training, and programing of volunteer manpower." C H A P T E E 4—SUPPOKTING ASSISTANCE SEC. 108. Chapter 4 of part I of the Foreign Assistance Act of 1961, as amended, which relates to supporting assistance, is amended as follows: Stat. 434. (a) Section 401, which relates to general authority, is amended by 75 USC 2241. 22 striking out the period at the end thereof and inserting a colon and the following: '•''Provided, That not more than thirteen countries may receive assistance under the authority of this chapter in any fiscal year, unless the President determines that it is in the national interest of the United States to furnish such assistance to an additional country or countries. Any such determination, together with the reasons therefor, congr°/ss*.° shall be reported to the Committee on Foreign Relations of the Senate and to the Speaker of the House of Representatives," (b) Section 402, which relates to authorization, is amended to read ^"*®' P" ^'*as follows: "SEC. 402. AUTHORIZATION.—There is authorized to be appropriated to the President to carry out the purposes of this chapter for the fiscal year 1967 not to exceed $715,000,000: Provided, That where commodities are furnished on a grant basis under this chapter under arrangements which will result in the accrual of proceeds to the Government of Vietnam from the sale thereof, arrangements shall be made to assure that such proceeds will not be budgeted by the Government of Vietnam for economic assistance projects or programs unless the President or his representative has given his prior written approval. Amounts appropriated under this section are authorized to remain available until expended." C H A P T E R 5—CONTINGENCY F U N D SEC. 109. Section 451 of the Foreign Assistance Act of 1961, as amended, which relates to contingency fund, is amended as follows: (a) Subsection (a) is amended as follows: (1) Strike out "1966" and "$150,000,000" in the first sentence and insert in lieu thereof "1967" and "$110,000,000", respectively. (2) Strike out the second and third sentences. (b) Subsection (b) is amended by striking out "the first sentence of".

^"<e. p. 74.

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C H A P T E E 7—JOINT COMMISSIONS ON K U E A L DEVELOPMENT 22 USC 2^15*12271.

SEC. 110. Part I of the Foreign Assistance Act of 1961, as amende<l, is amended by adding at the end thereof a new chapter as follows: "CHAPTER 7—JOINT COMMISSIONS ON EURAL DEVELOPMENT " SEC. 471. JOINT COMMISSIONS ON EURAL DEVELOPMENT.—(a)

79^ltft?6 54?*' 22 USC 217 2.

The

President is authorized to conclude agreements with less developed countries providing for the establishment in such countries of Joint Commissions on Eural Development each of which shall be composed of one or more citizens of the United States appointed by the President and one or more citizens of the country in which the Commission is established. A majority of the members of each such Commission shall be citizens of the country in which it is established. Each such agreement shall provide for the selection of the members who are citizens of the country in which the Commission is established who wherever feasible shall be selected in such manner and for such terms of office as will insure to the maximum extent possible their tenure and continuity in office. "(b) A commission established pursuant to an agreement authorized by this section shall be authorized to formulate and carry out programs for development of rural areas in the country in which it is established, which may include such research, training and other activities as may be necessary or appropriate for such development. "(c) Not to exceed 10 per centum of the funds made available pursuant to section 212 shall be available to the President in negotiating and carrying out agreements entered into under this section, including the financing of appropriate activities of Commissions established pursuant to such agreements. " (d) The furnishing of assistance under this section shall not be construed as an express or implied assumption by the United States of any responsibility for making further contributions for such purpose. "(e) Nothing in this chapter shall be construed to restrict the authority contained in any other chapters of this Act." PAET II CHAPTEE 2^-MILITAEY ASSISTANCE

22 USC 2312.

SEC. 201. Chapter 2 of part II of the Foreign Assistance Act of 1961, as amended, which relates to military assistance, is amended as follows: (a) Section 504(a), which relates to authorization, is amended to read as follows: " (a) I n addition to such amounts as may be otherwise authorized to support Vietnamese forces and other free world forces in Vietnam, there is authorized to be appropriated to the President to carry out the purposes of this part (excluding the support of Vietnamese forces and other free world forces in Vietnam) not to exceed $875,000,000 for the fiscal year 1967: Provided, That funds made available for assistance under this chapter (other than training in the United States) shall not be used to furnish such assistance to more than forty countries in any fiscal year. Amounts appropriated under this subsection are authorized to remain available until expended."

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