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(I)) in identifiable cash proceeds in the form of money which is not commingled with other money or deposited in a bank account prior to the insolvency proceedings; (c) in identifiable cash proceeds in the form of checks and the like which are not deposited in a bank account prior to the insolvency proceedings; and (d) in all cash and bank accounts of the debtor, if other cash prceeds have been commingled or deposited in a bank account, but the perfected security interest under this paragraph (d) is (i) subject to any right of set-off; and (ii) limited to an amount not greater than the amount of any cash proceeds received by the debtor within ten days before the institution of the insolvency proceedings and commingled or deposited in a bank account prior to the insolvency proceedings less the amount of cash proceeds received by the debtor and paid over to the secured party during the ten day period. (5) If a sale of goods results in an account or chattel paper which is transferred by the seller to a secured party, and if the goods are returned to or are repossessed by the seller or the secured party, the following rules determine priorities: (a) If the goods were collateral at the time of sale for an indebtedness of the seller which is still unpaid, the original security interest attaches again to the goods and continues as a psrfected security interest if it was perfected at the time when the goods were sold. If the security interest was orig.nally perfected by a filing which is still elective, nothing further is required to continue the perfected status; in any other case, the secured party must take possession of the returned or repossessed goods or must file. (b) An unpaid transferee of the chattel paper has a security interest in the goods against the transferor. Such security interest is prior to a security interest asserted under paragraph (a) to the extent that the transferee of the chattel paper was entitled to priority under section 28:9—308. (c) An unpaid transferee of the account has a security interest in the goods against the transferor. Such security interest is subordinate to a security interest asserted under paragraph (a). (d) A security interest of an unpaid transferee asserted under paragraph (b) or (c) must be perfected for protection against creditors of the transferor and purchasers of the returned or repossessed goods. § 28:9—307. Protection of buyers of goods (1) A buyer in ordinary course of business (subsection (9) of section 28:1—201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence. (2) In the case of consumer goods and in the case of farm equipment having an original purchase price not in excess of $2,500 (other than fixtures, see section 28:9—313), a buyer takes free of a security interest even though perfected if he buys without knowledge of the security interest, for value and for his own personal, family or household purposes or his own farming operations unless prior to the I)urchase the secured party has filed a financing statement covering such goods.

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§ 28:9—308. Purchase of chattel paper and non-negotiable instruments A purcliaser of chattel paper or a non-negotiable instrument who gives new value and takes possession of it in the ordinary course of his business and without knowledge that the specific paper or instrument is subject to a security interest has priority over a security interest which is perfected under section 28:9—J504 (permissive filing and temporary perfection). A purchaser of chattel paper who gives new value and takes possession of it in the ordinary course of his business has priority over a security interest in chattel paper which is claimed merely as proceeds of inventory subject to a security interest (section 28:9—8(>), even though he knows that the specific paper is subject to the security interest. §28:9—309. Protection of purchasers of instruments and documents Nothing in this article limits the rights of a holder in due course of a negotiable instrument (section 28:8—802) or a holder to whom a negotiable document of title lias been duly negotiated (section 28:7— 501) or a bona fide purchaser of a security (section 28:S—801) and such holders or purchasers take priority over an earlier secur ty interest even though perfected. Filing under this article does not constitute notice of the security interest to such holders or purchasers. §28:9—310. Priority of certain liens arising by operation of law When a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a security interest, a lien upon goods in the possession of such person given by statute or rule of law for such materials or services takes pririty over a perfected security interest un'ess the lien is statutory and the statute expressly provides otherwise. §28:9—311. Alienability of debtor's rights: judicial process The debtor's rights in collateral may be voluntarily or involuntarily transferred (by way of sale, creation of a security interest, attachment, levy, garnishment or other judicial process) notwithstanding a provision in the security agreement prohibiting any transfer or making the transfer constitute a default. § 28:9—312. Priorities among conflicting security interests in the same collateral (1) The rules of priority stated in the following sections shall govern where applicable: section 28:4—208 with respect to the security interest of collecting banks in items being collected, accompanying documents and proceeds; section 28:9—801 on certain priorities: section 28:9—304 on goods covered by documents; section 28:9—8H on proceeds and repossessions; section 28:9—307 on buyers of goods; section 28:9—308 on possessory against non-possessory interests in chattel paper or non-negotiable instruments; section 28:9—809 on security interests in negotiable instruments, documents or securities; section 28:9—310 on priorities between perfected security interests and liens by operation of law; section 28:9—313 on security interests in fixtures as against interests in real estate; section 28:9—814 on security interests in accessions as against interest in goods; section 28:9—315 on conflicting security interests where goods lose their identity or become part of a product; and section 28:9—316 on contractual subordination. (2) A perfected security interest in crops for new value given to enable the debtor to produce the crops during the production season and given not more than three months before the crops become growing crops by planting or otherwise takes priority over an earlier perfected security interest to the extent that such earlier interest

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Page:United States Statutes at Large Volume 77.djvu/791

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PUBLIC LAW 88-243-DEC. 30, 1963

secures obligations due more than six months before the crops become irrowing crops by planting or otherwise, even though the person giving new value had knowledge of the earlier security interest. (3) A purchase money security interest in inventory collateral has priority over a conflicting security interest in the same collateral if (a) the purchase money security interest is perfected at the time the debtor receives possession of the collateral; and (b) any secured party whose security interest is known to the holder of the purchase money security interest or who, prior to the date of the filing made by the liolder of the purchase money security interest, had filed a financing statement covering the same items or type of inventory, has received notification of the purchase money security interest before the debtor recei\es possession of the collateral covered by the purchase money security interest; and (c) such notification states that the person giving the notice has or expects to acquire a purchase money security interest in inventory of the debtor, describing such inventory by item or type. (4) A purchase money security interest in collateral other than inventory has priority over a conflicting security interest in the same collateral if the purchase money security interest is perfected at the rime the debtor receives possession of the collateral or within ten days thereafter. (5) In all cases not governed by other rules stated in this section (including cases of purchase money security interests which do not (pialify for the special priorities set forth in subsections (3) and (4) of this section), priority between conflicting security interests in the same collateral shall be detennined as follows: (a) in the order of filing if both are perfected by filing, regardless of which security interest attached first under section 28:9— 204(1) and whether it attached before or after filing; (b) in the order of perfection unless both are perfected by filing, regardless of which security interest attached first under section 28:9—204(1) and, in the case of a filed security interest, whether it attached before or after filing; and (c) in the order of attachment under section 28:9—204(1) so long as neither is perfected. (6) For the purpose of the priority rules of the immediately preceding subsection, a continuously j^erfected security interest shall be treated at all times as if perfected by filing if it was originally so perfected and it shall be treated at all times as if perfected otherwise than by filing if it was originally perfected otherwise than by filing. § 28:9—313. Priority of security interests in fixtures (1) The rules of this section do not apply to goods incorporated into a structure in the manner of lumber, bricks, tile, cement, glass, metal work and the like and no security interest in them exists under this article unless the structure remains personal property under applicable law. The law of the District other than this subtitle determines whether and when other goods become fixtures. This subtitle does not prevent creation of an encumbrance upon fixtures or real estate pursuant to the law applicable to real estate. (2) A security interest which attaches to goods before they become fixtures takes priority as to the goods over the claims of all persons who have an interest in the real estate except as stated in subsection (3) A security interest which attaches to goods after they become fixtures is valid against all persons subsequently acquiring interests in the real estate except as stated in subsection (4) but is invalid against any person with an interest in the real estate at the time the

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security interest attaches to the goods who has not in writing consented to the security interest or dischiimed an interest in the goods as fixtures. (4) The security interests described in subsections (2) and (3) do not take priority over (a) a subsequent purchaser for vakie of any interest in the real estate; or (b) a creditor with a lien on the real estate subsequently obtained by judicial proceedings; or (c) a creditor with a prior encumbrance of record on the real estate to the extent that he makes subsequent advances if the subsequent purchase is made, the lien by judicial proceedings is obtained, or the subsequent advance under the prior encumbrance is made or contracted for without knowledge of the security interest and before it is perfected. A purchaser of the real estate at a foreclosure sale other than an encumbrancer purchasing at his own foreclosure sale is a subsequent purchaser within this section. (5) When under subsections (2) or (3) and (4:) a secured party has priority over the claims of all persons who have interests in the real estate, he may, on default, subject to the provisions of part 5, remove his collateral from the real estate but he must reimburse any encumbrancer or owner of the real estate who is not the debtor and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the ^oods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate security for the performance of this obligation. §28:9--314. Accessions (1) A security interest in goods which attaches before they are installed in or affixed to other goods takes priority as to the goods installed or affixed (called in this section "accessions") over the claims of all persons to the whole except as stated in subsection (3) and subject to section 28:9—315 (1). (2) A security interest which attaches to goods after they become part of a whole is valid against all persons subsequently acquiring interests in the whole except as stated in subsection (3) but is invalid against any person with an interest in the whole at the time the security interest attaches to the goods who has not in writing consented to the security interest or disclaimed an interest in the goods as part of the whole. (3) The security interests described in subsections (1) and (2) do not take priority over (a) a subsequent purchaser for value of any interest in the whole; or (b) a creditor with a lien on the whole subsequently obtained by judicial proceedings; or (c) a creditor with a prior perfected security interest in the whole to the extent that he makes subsequent advances if the subsequent purchase is made, the lien by judicial proceedings obtained or the subsequent advance under the prior perfected security interest is made or contracted for without knowledge of the security interest and before it is perfected. A purchaser of the whole at a foreclosure sale other than the holder of a perfected security interest purchasing at his own foreclosure sale is a subsequent purchaser within this section.

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(4) "When under subsections (1) or (2) and (H) a secured party luis an interest in accessions Which has priority over the chiinis of all persons who have interests in the whole, he may on default subject to the provisions of part 5 remove his collateral from the whole but lie must reimburse any encumbrancer or owner of the whole who is not the debtor and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate security for the performance of this obligation. § 28:9—315. Priority when goods are commingled or processed (1) If a security interest in goods was perfected and subsequently the goods or a part thereof have become part of a product or mass, the security interest continues in the product or mass if (a) the goods are so manufactured, processed, assembled or commingled that their identity is lost in the product or mass; or (b) a financing statement covering the original goods also covers the product into which the goods have been manufactured, processed or assembled. In a case to which paragraph (b) applies, no separate security interest in that part of the original goods which has been manufactured, processed or assembled into the product may be claimed under section 28:9—314. (2) When under subsection (1) more than one security interest attaches to the product or mass, they rank equally according to the ratio that the cost of the goods to which each interest originally attached bears to the cost of the total product or mass. § 28:9—316. Priority subject to subordination Nothing in this article prevents subordination by agreement by any person entitled to priority. § 28:9—317. Secured party not obligated on contract of debtor The mere existence of a security interest or authority given to the debtor to dispose of or use collateral does not impose contract or tort liability upon the secured party for the debtors acts or omissions. §28:9—318. Defenses against assignee; modification of contract after notification of assignment; term prohibiting assignment ineffective; identification and proof of assignment (1) LTnless an account debtor has made an enforceable agreement not to assert defenses or claims arising out of a sale as provided in section 28:9—206 the rights of an assignee are subject to (a) all the terms of the contract between the account debtor and assignor and any defense or claim arising therefrom; and (b) any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives notification of the assignment. (2) So far as the right to payment under an assigned contract right has not already become an account, and notwithstanding notification of the assignment, any modification of or substitution for the contract made in good faith and in accordance with reasonable commercial standards is effective against an assignee unless the account debtor has otherwise agreed but the assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that such modification or substitution is a breach by the assignor. (3) The account debtor is authorized to pay the assignor until the account debtor receives notification that the account has been assigned

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and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the account debtor, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the account debtor may pay the assignor. (4) A term in any contract between an account debtor and an assignor which prohibits assignment of an account or contract right to which they are parties is ineffective. PART 4—FILING § 28:9—401. Place of filing; erroneous filing; removal of collateral (1) The proper place to file in order to perfect a security interest is, in all cases, in the office of the Recorder of Deeds of the District. In this article, "filing officer" means said Recorder. (2) A filing which is made in good faith in an improper place is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement. (3) A filing which is made in the proper place continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed. (4) If collateral is brought into the District from another jurisdiction, the rules stated in section 28:9—103 determine whether filing is necessary in the District. §28:9—402. Formal requisites of financing statement; amendments (1) A financing statement is sufficient if it is signed by the debtor and the secured party, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown or goods which are or are to become fixtures, the statement must also contain a description of the real estate concerned. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by both parties. (2) A financing statement which otherwise complies with subsection (1) is sufficient although it is signed only by the secured party when it is filed to perfect a security interest in (a) collateral already subject to a security interest in another jurisdiction when it is brought into the District. Such a financing statement must state that the collateral was brought into the District under such circumstances. (b) proceeds under section 28:9—306 if the security interest in ! the original collateral was perfected. Such a financing statement must describe the original collateral.

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(3) A form substantially as follows is sufficient to comply with subsection (1): Name of debtor (or assignor) Address Name of secured party (or assignee) Address 1. This financing statement covers the following types (or items) of property: (Describe) 2. (If collateral is crops) The above described crops are growing or are to be grown on: (Describe Real Estate) 3. (If collateral is goods which are or are to become fixtures) The above described goods are affixed or to be affixed to: (Describe Real Estate) 4. (If proceeds or products of collateral are claimed) Proceeds—Products of the collateral are also covered. Signature of Debtor (or Assignor) Signature of Secured Party (or Assignee) (4) The term "financing statement" as used in this article means the original financing statement and any amendments but if any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. (5) A financing statement substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading. § 28:9—403. What constitutes filing; duration of filing; effect of lapsed filing; duties of filing officer (1) Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article. (2) A filed financing statement which states a maturity date of the obligation secured of five years or less is effective until such maturity date and thereafter for a period of sixty days. xVny other filed financing statement is effective for a period of five years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of such sixty day period after a stated maturity date or on the expiration of such five year period, as the case may be, unless a continuation statement is filed prior to the lapse. Upon such lapse the security interest becomes unperfected. A filed financing statement which states that the obligation secured is payable on demand is effective for five years from the date of filing. (3) A continuation statement may be filed by the secured party (i) within six months before and sixty days after a stated maturity date of five years or less, and (ii) otherwise within six months prior to the expiration of the five year period specified in subsection (2). Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for five years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection (2) unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it.

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(4) A filing officer shall mark each statement with a consecntive file nmnber and with the date and hour of filing and shall hold the statement for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor gi^-en in the statement. (5) The uniform fee for filing, indexing and furnishing filing data for an original or a continuation statement shall be $2.00. § 28:9—404. Termination statement (1) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor a statement that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must include or be accompanied by the assignment or a statement by the secured party of record that he has assigned the security interest to the signer of the termination statement. The uniform fee for filing and indexing such an assignment or statement thereof shall be $2.00. If the affected secured party fails to send such a termination statement within ten days after proper demand therefor he shall be liable to the debtor for one hundred dollars, and in addition for any loss caused to the debtor by such failure. (2) On presentation to the filing officer of such a termination statement he must note it in the index. The tiling officer shall remove from the files, mark "terminated'" and send or deliver to the secured party the financing statement and any continuation statement, statement of assignment or statement of release pertaining thereto. (3) The uniform fee for filing and indexing a termination statement including sending or delivering the financing statement shall be $2.00. §28:9—405. Assignment of security interest; duties of filing officer; fees (1) A financing statement may disclose an assignment of a security interest in the collateral described in the statement by indication in the statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. Either the original secured party or the assignee may sign this statement as the secured party. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in section 28:9—103(4). The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment shall be $2.00. (2) A secured party may assign of record all or a part of his rights under a financing statement by the filing of a. separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement., The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment shall be$2.00. (3) After the disclosure or filing of an assignment under this section, the assignee is the secured party of record.

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§ 28:9—406. Release of collateral; duties of filing officer; fees A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. Upon presentation of such a statement to the filing officer he shall attach the statement of release to the instrument to which it relates and shall enter on the released instrument and on the index record thereof the word "released", the date of filing of the statement of release, and a facsimile of his signature. The uniform fee for filing and noting such a statement of release shall be $2.00. § 28:9—407. Information from filing officer (1) If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy thereof, the filing officer shall upon request note npon the copy the file number and date and hour of the filing of the original and deliver or send the copy to such person. (2) Upon request of any person, the filing officer shall issue his certificate showing whether there is on file on the date and hour stated therein, any presently effective financing statement naming a particular debtor and any statement of assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party therein. The uniform fee for such a certificate shall be $1.00 plus $0.50 for each financing statement and for each statement of assignment reported therein. Upon request the filing officer shall furnish a copy of any filed financing, continuation or termination statement or statement of assignment or release for a uniform fee of $3.00 for the first two pages or less, and $1.00 for each additional page, plus $0.50 for certification. PART 5—DEFAULT § 28:9—501. Default; procedure when security agreement covers both real and personal property (1) When a debtor is in default under a security agreement, a secured party has the rights and remedies provided in this part and except as limited by subsection (3) those provided in the security agreement. He may reduce his claim to judgment, foreclose or otherwise enforce the security interest by any available judicial procedure. If the collateral is documents the secured party may proceed either as to the documents or as to the goods covered thereby. A secured party in possession has the rights, remedies and duties provided in section 28:9—207. The rights and remedies referred to in this subsection are cumulative. (2) After default, the debtor has the rights and remedies provided in this part, those provided in the security agreement and those provided in section 28:9—207. (3) To the extent that they give rights to the debtor and impose duties on the secured party, the rules stated in the subsections referred to below may not be waived or varied except as provided with respect to compulsory disposition of collateral (subsection (1) of section 28:9—505) and with respect to redemption of collateral (section 28:9—506) but the parties may by agreement determine the standards by which the fulfillment of tliese rights and duties is to be measured if such standards are not manifestly unreasonable: (a) subsection (2) of section 28:9—502 and subsection (2) of section 28:9—504 insofar as they require accounting for surplus proceeds of collateral;

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(b) subsection (3) of section 28:9—504 and subsection (1) of section 28:9—505 which deal with disposition of collateral; (c) subsection (2) of section 28:9—505 which deals with acceptance of collateral as discharge of obligation; (d) section 28:9—506 which deals with redemption of collateral; and (e) subsection (1) of section 28:9—507 which deals with the secured party's liaoility for failure to comply with this part. (4) If the security agreement covers both real and personal property, the secured party may proceed under this part as to the personal property or he may proceed as to both the real and the personal property in accordance with his rights and remedies in respect of the real property in which case the provisions of this part do not apply. (5) When a secured party has reduced his claim to judgment the lien of any levy which may be made upon his collateral by virtue of any execution based upon the judgment shall I'elate back to the date of the perfection of the security interest in such collateral. A judicial sale, pursuant to such execution, is a foreclosure of the security interest by judicial procedure within the meaning of this section, and the secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article. § 28:9—502. Collection rights of secured party (1) When so agreed and in any event on default the secured party is ent'tled to notify an account debtor or the obligor on an instrument lo make payment to him whether or not the assignor was theretofore making collections on the collateral, and also to take control of any proceeds to which he is entitled under section 28:9—306. (2) A secured party who by agreement is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor and who undertakes to collect from the account debtors or obligors must proceed in a conmiercially reasonable manner and may deduct h's reasonable expenses of realization from the collections. If the security agreement secures an indebtedness, the secured party must account to the debtor for any surplus, and unless otherwise agreed, the debtor is liable for any deficiency. Rut, if the underlying transaction was a sale of accounts, contract rights, or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides. § 28:9—503. Secured party's right to take possession after default Unless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a secured T)arty may proceed without judicial process if this can be done without breach of the peace or may proceed by action. If the security agreement so prov'des the secured party may require the debtor to assemble the collateral and mnke it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. Without removal a secured party may render equipment unusable, and may dispose of collateral on the debtor's premises under section 28:9—50 i. § 28:9—504. Secured party's right to dispose of collateral after default; effect of disposition (1) A secured party after default may sell, lease or otherwise dispose of any or all of the collateral in its then condition or following any commercially reasonable preparation or processing. Any sale of goods is subiect to the !^rt"cV, on sales (article 2). The proceeds of, disposition shall be applied in the order following to

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(a) the reasonable expenses of retaking, holding, preparing for sale, selling and the like and, to the extent provided for in the agreement and not prohibited by law, the reasonable attorneysfees and legal expenses incurred by the secured party; (b) the satisfaction of indebtedness secured by the security interest under which the disposition is made; (c) the satisfaction of indebtedness secured by any subordinate security interest in the collateral if written notification of demand therefor is received before distribution of the proceeds is completed. If requested by the secured party, the holder of a subordinate security interest must seasonably funiish Treasonable proof of his interest, and unless he does so, the secured party need not comply with his demand. (2) If the security interest secures an indebtedness, the secured party must account to the debtor for any surplus, and, unless otherwise agreed, the debtor is liable for any deficiency. But if the underlying Transaction was a sale of accounts, contract rights, or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides. (3) Disposition of the collateral may be by public or private proceedings and may be made by way of one or more contracts. Sale or other disposition may be as a unit or in parcels and at any time and place and on any terms but every aspect of the disposition including the method, manner, time, place and terms must be commercially reasonable. Unless collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, reasonable notification of the time and place of any public sale or reasonable notification of the time after which any private sale or other intended disposition is to be made shall be sent by the secured party to the debtor, and except in the case of consumer goods to any other person who has a security interest in the collateral and who has duly filed a financing statement indexed in the name of the debtor in the District or who is known by the secured party to have a security interest in the collateral. The secured party may buy at any public sale and if the collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributee! standard price quotations he may buy at private sale. (4) When collateral is disposed of by a secured party after default, the disposition transfers to a purchaser for value all of the debtors rights therein, discharges the security interest under which it is made and any security interest or lien subordinate thereto. The purchaser takes free of all such rights and interests even though the secured party fails to comply with the requirements of this P a i l or of any judicial proceedings (a) in the case of a public sale, if the purchaser has no knowledge of any defects in the sale and if he does not buy in collusion with the secured party, other bidders or the person conducting the sale; or (b) in any other case, if the purchaser acts in good faith. (5) A person who is liable to a secured party under a guaranty, indorsement, repurchase agreement or the like and who receives a transfer of collateral from the secured party or is subrogated to his rights has thereafter the rights and duties of the secured party. Such a transfer of collateral is not a sale or disposition of the collateral under this article.

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§28:9—505. Compulsory disposition of collateral; acceptance of the collateral as discharge of obligation (1) If the debtor has paid sixty per cent of the cash price in the case of a purchase^ money security interest in consumer goods or,sixty per cent of the loan in the case of another security interest in consumer goods, and has not signed after default a statement renouncing or modifying his rights under this part a secured party who has taken possession of collateral must dispose of it under section 28:9—504 and if he fails to do so within ninety days after he takes possession the debtor at his option may recover in conversion or under section 28:9— 507(1) on secured party's liability. (2) I n any other case involving consumer goods or any other collateral a secured party in possession may, after default, propose to retain the collateral in satisfaction of the obligation. Written notice of such proposal shall be sent to the debtor and except in the case of consumer goods to any other secured party who has a security interest in the collateral and who has duly filed a financing statement indexed in the name of the debtor in the District or is known by the secured party in possession to have a security interest in it. If the debtor or other person entitled to receive notification objects in writing within thirty days from the receipt of the notification or if any other secured party objects in writing within thirty days after the secured party obtains possession the secured party must dispose of the collateral under section 28:9—504. In the absence of such written objection the secured party may retain the collateral in satisfaction of the debtor's obligation. §28:9—506. Debtor's right to redeem collateral At any time before the secured party has disposed of collateral or entered into a contract for its disposition under section 28:9—504 or before the obligation has been discharged under section 28:9^—505(2) the debtor or any other secured party may unless otherwise agreed in writing after default redeem the collateral by tendering fulfillment of all obligations secured by the collateral as well as the expenses reasonably incurred by the secured party in retaking, holding and preparing the collateral for disposition, in arranging for the sale, and to the extent provided in the agreement and not prohibited by law, his reasonable attorneys' fees and legal expenses. § 28:9—507. Secured party's liability for failure to comply with this part (1) If it is established that the secured party is not proceeding in accordance with the provisions of this Part disposition may be ordered or restrained on appropriate terms and conditions. If the disposition has occurred the debtor or any person entitled to notification or whose security interest has been made known to the secured party prior to the disposition has a right to recover from the secured party any loss caused by a failure to comply with the provisions of this Part. If the collateral is consumer goods, the debtor has a right to recover in any event an amount not less than the credit service charge plus ten per cent of the principal amount of the debt or the time price differential plus ten per cent of the cash price. (2) The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the secured party either sells the collateral in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with reasonable commercial practices among dealers in the type of property sold

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lie lias sold in a commercially reasonable maimer. The priiiciples stated in the two preceding sentences with respect to sales also apply as may be appropriate to other types of disposition. A disposition which has been approved in any judicial proceeding" or by any bona tide creditors' committee or representative of creditors shall conclusively be deemed to be commercially reasonable, but this sentence does not indicate that any such approval must be obtained in any case nor does it indicate that any disposition not so approved is not commerciallj^ reasonable.

ARTICLE 10—CONSTRUCTION WITH OTHER LAWS Sec.

28:10—101. (Omitted.) 28:10—102. (Omi tted.) 28:10—103. Inconsistent laws; what law jjovevns. 28:10—104. Laws not repealed. §28:10—lOL (Omitted.) §28:10—102. (Omitted.) §28:10—103. Inconsistent laws; what law governs Except as provided by section 28:10—104, if any provision of law is inconsistent with this subtitle, this subtitle shall govern, unless this subtitle or the inconsistent provision of the other law specifically provides otherwise. §28:10—104. Laws not repealed (1) The article on documents of title (article 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (section 28:1—201). (2) This subtitle does not supersede or modify the District of Columbia Uniform Act for Simplification of Fiduciary Security Transfers, approved July 5, 1960 (74 Stat. 322), being all of subchapter II of chapter 23 of Title 28 of the District of Columbia Code, 1961 edition, and if in any respect there is any inconsistency between D.C. code 28that Act and article 8 of this subtitle relating to investment securities, ^^^^ *° 28-2330. the provisions of that Act, rather than article 8, control. SEC. 2. Section 1265 of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1389; D.C. Code, 1961 ed., sec. 12-201), as amended by the Act approved June 30, 1902 (chapter 1329, 32 Stat. 542), is amended by adding at the end ' thereof the following paragraph: "This section does not apply to actions for breach of contracts for sale governed by section 28:2—725 of the District of Columbia Code.". SEC. 3. (a) Section 839 of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1326; D.C. Code, 1961 ed., sec. 22-1209), is amended to read as follows: " (a) A person or any legal successor in interest of such person, security interest having executed a security agreement creating a security interest in in^pe"°"ai proppersonal property securing a monetary obligation owed to a secured " ^' party and having under the security agreement: " (1) both the right of sale or other disposition of the property and the duty to account to the secured party for the proceeds of the disposition, sells or otherwise disposes of the property but willfully and wrongfully fails to account to the secured party for proceeds of disposition; or 93-025 0-64-51

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 770

Certificate representing shares.

Motor vehicles, lien for storage, repairs, etc.

PUBLIC LAW 88-243-DEC. 30, 1963

[77

STAT.

"(2) no right of sale or other disposition of the property, willfully and wrongfully secretes, withholds, sells, or disposes of the property, or converts it to his own use, or, without the consent of the secured party, removes it out of the District, or maliciously injures or destroys it, in A-iolation of the security agreement— if the lesser of the value of the proceeds not so accounted for or of the property so secreted, withheld, sold, disposed of, converted, removed, or injured or destroyed, or, in either case, of the unpaid balance of the monetary obligation so secured, is more than $100, shall be fined not more than $5,000 or imprisoned not more than five years, or both; or, if the lesser of any of the values as herein described is $100 or less, shall be fined not more than $1,000 or imprisoned not more than one year, or both. "(b) I n a case in which a debtor in possession of personal property subject to a security interest, who would be guilty of an offense under this section, is a corporation or a partnership, an officer, director, partner, or agent of the debtor who aids or abets in the commission of the offense shall be punished as provided by subsection (a) of this section. " (c) As used in this section, 'security agreement', 'security interest', and 'secured party' have the same meanings as those given to the terms by sections 28:9—105(h), 28:1—201(38), and 28:9—105(1), i*espectively, of the District of Columbia Code.". SEC. 4. Subsection (b) of section 20 of the Act approved June 8, 1954 (ch. 269, 68 Stat. 189; D.C. Code, 1961 ed., sec. 29-908g(b)), as amended by section 3 of the Act approved July 23, 1959 (Pub. L. 86-106, 73 Stat. 240), is amended to read as follows: "(b) Notwithstanding the provisions of section 28:8—204 of the District of Columbia Code, every certificate representing shares the transferability of which is restricted or limited shall state upon the face thereof that the transferability of such shares is restricted or limited and upon the face or back thereof shall either set forth a full or summary statement of any such restriction or limitation upon the transferability of such shares or shall state that the corporation will furnish to any shareholder upon request and without charge such full or summary statement.". SEC. 5. Section 2 of the Act approved June 3, 1952 (chapter 361, 66 Stat. 97; D.C. Code, 1961 ed., sec. 38-205), is amended to read as follows: "SEC. 2. (a) All persons storing, repairing, or furnishing supplies of or concerning motor vehicles including trailers shall have a lien for their agreed or reasonable charges for such storage, repairs, and supplies when such charges are incurred by an owner or conditional \endee or chattel mortgagor (including a grantor of deed of trust in lieu of mortgage) of such motor vehicle, and may detain such motor vehicle at any time they may have lawful possession thereof. Such lien shall have priority over every security interest and other lien or right in or to tli© vehicle except as hereinafter limited with respect to claims for storage. Before enforcing such lien, notice in writing shall be given to the title holder, every secured party and other lien holder shown by the certificate of title or registry of the vehicle, and any other persons known to claimant who have any interest in or lien upon the vehicle. Such notice shall be delivered personally or sent by registered mail to the last-known address of the person to whom given, shall state that a lien is claimed for the charges therein set forth or thereto attached, and shall demand payment thereof. There shall be incorporated in or attached to said notice a statement of particulars of the charge or charges for which a lien is claimed, to

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which may be added a claim for storage of the vehicle from the date ol said notice to the date of payment or sale, which amount shall be set forth at a daily or weekly rate which shall not be in excess of charges prevailing at the time for similar storage, and shall not be in excess of $3 per day or $21 per week, which additional charge shall in no event cover a period in excess of ninety days. " (b) As used in this section, 'security interest' and 'secured party' have the same meanings as those given to the terms by sections 28:1—201 and 28:9—105(i), respectively, of the District of Columbia Code." SEC. 6. (a) The definitions of "Lien", "Instrument", and "Lien Definitions. Information" in section 1 of the Act approved July 2, 1940 (chapter .527, 54 Stat. 736; D.C. Code, 1961 ed., sec. 40-701) are amended to read as follows: "Lien" shall mean any right or interest in or to, any security interest as defined in section 28:1—201 of the District of Columbia Code in, or lien or encumbrance upon any motor vehicle or trailer, or the equipment or accessories affixed or sold to be affixed thereto, in favor of a person other than the owner, except (1) a sale of such motor vehicle or trailer accompanied by delivery of possession and on execution of the assignment on the back of the certificate covering it, or (2) any possessory lien now or hereafter provided by law or any lien acquired in any judicial proceeding, "Instrument" shall mean any security agreement, as defined in section 28:9—10.5(h) of the District of Columbia Code, creating such lien. "Lien information" shall mean the amount, kind, date of lien, name and address of holder or secured party as defined in section 28:9—105(i) of the District of Columbia Code, and recorder's record number, if any. (b) The second sentence of section 2 of the Act approved July 2, 1940 (chapter 527, 54 Stat. 736; D.C. Code, 1961 ed., sec. 40-702), is amended to read as follows: "The filing provisions of Article 9 of Subtitle I of Title 28 of the District of Columbia Code do not apply to liens recorded as herein provided, and a lien has no greater validity or effect during the time a certificate is outstanding for the motor vehicle or trailer covered thereby by reason of the fact that the lien has been filed in accordance with that article.". SEC. 7. The first sentence of section 4 of the Act approved July 2, 1940 (chapter 527, 54 Stat. 737; D.C. Code, 1961 ed., sec. 40-704), as amended by section 1 of the Act approved June 4, 1952 (chapter 365, 66 Stat. 100), is amended by striking out at the end thereof the following words: "and acknowledged by the owner in the manner provided by law for deeds of real estate". SEC. 8. The first sentence of section 8 of the Act approved July 2, 1940 (chapter 527, 54 Stat. 738; D.C. Code, 1961 ed., sec. 40-708), as amended by section 2 of the Act approved June 4, 1952 (chapter 365, 66 Stat. 100), is amended by striking out at the end thereof the following words: "and acknowledged by him in the manner provided by law for deeds of real estate". SEC. 9. (a) Paragraph (9) of section 1 of the Act approved April 22, 1960 (Pub. L. 86-431, 74 Stat. 69; D.C. Code, 1961 ed., sec. 40-901 (9)), is amended to read as follows: "Retail install"(9) 'Retail installment contract' means a contract entered into ment contract." in the District or entered into by a seller licensed or required to be licensed by the District evidencing a retail installment transaction pursuant to which the title to or a lien on, or security or a security interest in, the motor vehicle, which is the subject matter of the transaction, is retained or taken to secure, in whole or in part, the retail

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 772

Recorder of Deeds. Financing statements.

Void instruments. Disposal.

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[77 STAT.

buyer's obligations. The term includes a security a^eement, chattel mortgage, conditional sale contract and a contract m the form of a bailment or a lease if the bailee or lessee contracts to pay as compensation for use a sum substantially equivalent to or in excess of the value of the motor vehicle sold and it is agreed that the bailee or lessee is bound to become, or, for no further or a merely nominal consideration, has the option of becoming, the owner of the motor vehicle upon full compliance with the terms of the bailment or lease." (b) Section 1 of the Act approved April 22, 1960 (Pub. L. 86-431, 74 Stat. 69; D.C. Code, 1961 ed., sec. 40-901), is further amended by adding at the end thereof the following paragraph: " (11) 'Security interest' and 'secured party' have the same meanings as those given to the terms in sections 28:1-201 and 28:9-105(1) of the District of Columbia Code.". SEC. 10. Section 546-C of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1275; D.C. Code, 1961 ed., sec. 42-102), as so renumbered and amended by section 2 of the Act approved June 5, 1952 (chapter 370, 66 Stat. 126), is amended to read as follows: " SEC. 5 4 6 - C. I t is not necessary for the Recorder of Deeds to spread upon the records of his office the financing statements or other papers filed pursuant to Part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Code, but they shall be indexed and, except as hereinafter provided, shall be kept on file and shall be open to inspection by the public, and shall have the same force and legal effect as if they were actually recorded in the books of his office.". SEC. 11. Section 546-D of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1189), as added by section 3 of the Act approved June 5, 1952 (chapter 370, 66 Stat. 126; D.C. Code, 1961 ed., sec. 42-104), and amended by section 1 of the Act approved June 18, 1953 (chapter 126, 67 Stat. 64), is amended to read as follows: " SEC. 5 4 6 - D. (a) Unless the Recorder of Deeds has notice of an action pending relative thereto, he may remove from the files and destroy: " (1) an instrument filed in his office pursuant to sections 546-A and 546-B, as amended, of the code of law for the District of Columbia approved March 3, 1901 (chapter 854, 31 Stat. 1275), as so renumoered by the Act approved June 5, 1952, chapter 370, sec. 1, 66 Stat. 126 (D.C. Code, 1961 ed., secs. 42-101 and 42-103) or pursuant to the Act approved July 2, 1940 (chapter 527, 54 Stat. 736; D.C. Code, 1961 ed., secs. 40-701 to 40-712, 40-713 to 40-715), as amended, which has become void or lapsed, and which has been void or lapsed for one year or more, together with any affidavit, release, assignment, or continuation or termination statement relating thereto; "(2) a lapsed financing statement, a lapsed continuation statement, a statement of assignment or release relating to either, filed pursuant to Part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Code, and any index of any of them, one year or more after lapse of the financing statement and every continuation statement relating thereto; and "(3) a termination statement filed pursuant to section 28:9— 404 of the District of Columbia Code, and the index on which it is noted, one year or more after the filing of the termination statement. " (b) Subsection (a) of this section does not apply to a bill of sale, mortgage, deed of trust, conditional sale of, financing statement or security agreement covering, railroad rolling stock.".

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SEC. 12. Section 546-F of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1189), as added by section 3 of the Act approved June 5, 1902 (chapter 370, 66 Stat. 126; D.C. Code, 1961 ed., sec. 42-106), is amended to read as follows: " SEC. 5 4 6 - F. When a financing statement filed pursuant to Part 4 Destruction of of Articles 9 of Subtitle I of Title 28 of the District of Columbia Code "^^^^^^"^ ^"^"•"has not lapsed, but all the collateral described in the financing statement has been released in the manner provided by Part 4 thereof, the Recorder of Deeds may, after the expiration of three years from the date of the filing of the statement releasing all the collateral, destroy the financing statement and each continuation statement, statement of assignment, and statement of release relating thereto." SEC. 13. Section 546-G of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1189), as added by section 3 of the Act approved June 5, 1952 (chapter 370, 66 Stat. 126; D.C. Code, 1961 ed., sec. 42-107), is amended to read as follows: "SEC. 546-G. (a) Whoever intentionally makes a false statement False statewith respect to a financing statement or other paper filed with the "^^nts. Recorder of Deeds pursuant to Part 4 of Aritcle 9 of Subtitle I of Title 28 of the District of (Columbia Code, or, after receipt of payment in full of the debt secured thereby, neglects or refuses, after written demand by the debtor, to send to the debtor a termination statement as provided by section 28:9—104 of the Code, shall be fined not more than $500 or imprisoned not more than one year, or both. "(b) Prosecutions for violations of this subchapter shall be by the Corporation Counsel of the District of Columbia or any of his assistants, in the name of the District of Columbia.''. "(c) As used in subsection (b) of this section 'Corporation Counsel* means the attorney for the District of Columbia, by whatever title the attorney may be designated by the Board of Commissioners of the District of Columbia.". SEC. 14. Section 548 of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1275; D.C. Code, 1961 ed., sec. 45-701), as amended, is amended to read as follows: "SEC. 548. (a) There shall be a Recorder of Deeds of the District, Recorder of appointed by the Commissioners of the District of Columbia, who ^^^"^s. •l->nll •

"(1) except as provided by clause (2) of this subsection, record all deeds, contracts, and other instruments in writing affecting the title or ownership of real estate or personal property which have been duly acknowledged and certified; " (2) accept for filing, without acknowledgment or certification, all instruments, financing statements and other papers filed in his office pursuant to Part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Code, and the Act of July 2, 1940 (chapter 527, 54 Stat. 736; D.C. Code, 1961 ed., secs. 40-701 to 40-712,40-713 to 40-715). "(3) perform all requisite services connected with the duties prescribed in clauses (1) and (2) of this subsection; and "(4) have charge and custody of all the records, papers, and property appertaining to his office. "(b) A person may not be appointed Recorder of Deeds unless he has been a resident of the District of Columbia for at least five years next preceding his appointment. "(c) The performance, by the Recorder of Deeds and officers and employees in his office, of their duties and functions shall be subject to the supervision and control of the Commissioners of the District."

Appointment.

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 774 Repeals.

PUBLIC LAW 88-243-DEC. 30, 1963

[77 STAT.

SEC. 15. (ji) The following Act and parts of Acts, as amended, are hereby repealed: (1) Section 833a of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1189), as added by the Act approved April 28, 1904 (chapter 1808, 33 Stat. 554), and amended by the Act approved May 27, 1921 (chapter 13, 42 Stat. 9; D.C. Code, 1961 ed., sec. 22-1406). (2) Sections 1304 to 1493, inclusive, of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1395-1414), such sections being known as the Negotiable Instruments Law (D.C. Code, 1961 ed.. Title 28, chapters 1 to 10, inclusive, except secs. 28-410, 28-714a, 28-920, 28-1004, 28-1008 to 28-1011, inclusive), except that, with respect to section 1389 of such code of laws for the District of Columbia (31 Stat. 1404; D.C. Code, 1961 ed., sec. 28-616), as amended, this repeal applies only to the first three sentences thereof. (3) Sections 1, 3, 6 and 7 of the Act approved April 5, 1939 (chapter 37, 53 Stat. 566, 567; D.C. Code, 1961 ed., secs. 28-1004. 28-1008 to 28-1010, inclusive). (4) Sections 1 to 5, inclusive, of the Act approved July 26, 1949 (chapter 365, 63 Stat. 481, 482; D.C. Code, 1961 ed., sec. 28-1011). (5) Sections 1 to 3, inclusive, of the Act approved August 7, 1950 (chapter 602, 64 Stat. 416, 417; D.C. Code, 1961 ed., sec. 28-7l4a). (6) Sections 1 to 76a, inclusive, and 79 of the Act approved March 17, 1937 (chapter 43, 50 Stat. 29-1:8; D.C. Code, 1961 ed., Title 28, chapters 11 to 16, inclusive), known as the TTniform Sales Act. (7) Sections 1 to 5, inclusive, of the Act approved April 28, 1904 (chapter 1809, 33 Stat. 555, 556; D.C. Code, 1961 ed., sees. 28-1701 to 28-1705, inclusive), relating to bulk sales. (8) Sections 1 to 49, inclusive, 56 to 59, inclusive, and 62 of the Act approved April 15, 1910 (chapter 167, 36 Stat. 301-311; D.C. Code, 1961 ed.. Title 28, chapters 18, 19 (except sec. 28-1918 thereof), 20 and 22), constituting part of the Warehouse Receipts Act. (9) Section 1621 of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1432; D.C. Code, 1961 ed., sec. 28-1918). (10) Sections 1 to 26, inclusive, of the Act approved December 23, 1944 (chapter 729, 58 Stat. 927-932; D.C. Code, 1961 ed., sees. 28-2901, 28-2901 notes, 28-2902 to 28-2923, inclusive) constituting the Uniform Stock Transfer Act. (11) Sections 546-A and 546-B, as amended, of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1275), as so renumbered by the Act approved June 5, 1952, chapter 370, sec. 1, 66 Stat. 126 (D.C. Code, 1961 ed., sees. 42-101 and 42-103). (12) Section 546-E of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1189), as added by the Act approved June 5, 1952, chapter 370, sec. 3, 66 Stat. 126 (D.C. Code, 1961 ed., see. 42-105). (13) Section 1119 of the code of law for the District of Columbia, approved March 3, 1901 (chapter 854, 31 Stat. 1368; D.C. Code, 1961 ed., sec. 12-304).

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PUBLIC LAW 88-244-DEC. 30, 1963

(b) Except as provided by subsection (c) of this section, transactions validly entered into before the effective date specified in section 16 of this Act, and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this Act as though such repeal or amendment had not occurred. (c) The perfection of a security interest, as defined in section 28:1— 201 of the District of Columbia Code, and however denominated in any law repealed by this Act, which was perfected when this Act takes effect by a filing, refiling or recording under a law repealed by this Act and re(][uiring a further filing, renling or recording to continue its perfection, continue until and will lapse on the date provided by the law so repealed for such further filing, refiling or recording, unless in such case, a continuation statement is filed, in the office of the Recorder of Deeds of the District, by the secured party within twelve months before the perfection of the security interest would otherwise lapse. Any such continuation statement must be signed by the secured party, identifying the original security agreement, however denominated, state the date of the last filing, refiling or recording and the filing number, and further state that the original security agreement is still effective. Except as herein specified, the provisions of section 28:9—i03(3) of the Code apply to such a continuation statement. (d) The following British statutes shall no longer have any force or effect in the District of Columbia: (1) 9 and 10 William III (1698), chapter 17, sec. 3 (D.C. Code, 1961 ed., sec. 28-410). (2) 3 and 4 Anne (1704), chapter 9, secs. 7 and 8 (D.C. Code, 1961 ed., sec. 28-920). SEC. 16. This Act shall become effective on January 1, 1965. Laws enacted after the approval of this Act, that are inconsistent with this Act, supersede it to the extent of the inconsistency. Approved December 30, 1963.

775

Effective date.

Public Law 88-244 JOINT RESOLUTION

December 30, 1963

To provide for participation by the Government of the United States in the Hague [H. J. Res. 778] Conference on Private International Law and the International (Rome) Institute for the Unification of Private Law, and authorizing appropriations therefor.

Resol/ved by the Semite (ind Hou^'^e of Representatives of the United States of America in Congress assembled, That the President is hereby Hague conferauthorized to accept membership for the Government of the United intern°aurnarLaw, States in (1) the Hague Conference on Private International Law u. s. participaand (2) the International (Rome) Institute for the Unification of "°"Private Law, and to appoint the United States delegates and their alternates to meetings of the two organizations, and the committees and organs thereof. SEC. 2. There is authorized to be appropriated such sums as may Appropriations. be necessary, not to exceed $25,000 annually, for the payment by the United States of (1) its proportionate share of the expenses of the Hague Conference on Private International Law and of the International (Rome) Institute for the Unification of Private Law, and (2) all other necessary expenses incident to participation by the United States in the activities of the two organizations referred to in clause (1) of this section. Approved December 30, 1963.

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177 STAT.

Public Law 88-245 December 30, 1963 [H. R. 7063]

AN ACT Makiiifi appropriations for the Deimrtnieiits of State, Justice, and Cinunerce, the Judiciary, and related agencies for the liscal year ending June 80, 1964, and for other puri^tses.

Be it enacted by the Senate a/id House of Representatives of the Departments of United /States of America in Congress assembled. That the following state, Justice, and sums ai^e appropriated, out of any money in the Treasury not otherw ise juS^^a7y!'and appropriated, for the Departments of State, Justice, and Commerce, Related Agencies the Judiciary, aud rehited agencies for the fiscal year endinrovided for, including expenses authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1168), not otherwise provided for; expenses necessary to meet the responsibilities and obligations of the United States in Germany (including those arising under the supreme authority assumed by the United States on June 5, 1945, and under contractual arrangements with the Federal Republic of Germany); salary of the United States member of the Board for the Validation of German Bonds in the United States at the rate of $17,100 per annum; purchase (not to exceed twelve, of which four are for replacement only) or hire of passenger motor vehicles; printing and binding outside the continental United States without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. 111); services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); purchase of unifonns; payment of tort claims, in the manner authorized in the first paragraph of section 2672, as amended, of title 28 of the United States Code when such claims arise in foreign countries and payment of meritorious claims as authorized by section 2(b) of the Act of August 1, 1956, -AS amended (5 U.S.C. I70g); dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others; employment of aliens by contract for services abroad; refund of fees erroneously charged and paid for passports; radio communications; payment in advance for subscriptions to commercial information, telephone and similar services abroad; care and transportation of prisoners and persons declared insane; expenses, as authorized by law (18 U.S.C. 3192), of bringing to the United States from foreign countries persons charged with crime; and procurement by contract or otherwise, of services, supplies, and facilities, as follows: (1) translating, (2) analysis and tabulation of technical information, and (3) preparation of special maps, globes, and geographic aids; $153,000,000, of which not less than $12,000,000 shall be used to purchase foreign currencies or credits owed to or owned by the Treasury of the United States: Provided, That passenger motor vehicles in possession of the Foreign Service abroad may be replaced in accordance with section 7 of the Act of August 1, 1956 (70 Stat. 891), and the cost, including the exchange allowance, of each such replacement shall not exceed $3,800 in the case of the chief of mission automobile at each diplomatic mission (except that five such vehic:les may be purchased at not to exceed $7,800 each) and $1,500 in the case of all other such vehicles except station wagons.

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PUBLIC LAW 88-245-DEC. 30, 1963

777

REPRESENTATION ALLOWANCES

For representation allowances as authorized by section 901 of the Foreign Service Act of 1946 (22 U.S.C. 1131), $973,000. ACQTTISrriON, OPERATION, A N D M A I N T E N A N C E OF BUILDINGS

74 Stat. so i.

ABROAD

For necessary expenses of carrying into effect the Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 292-300), including per- 44 Stat. 403. sonal services in the United States and abroad; salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1158); and services eo Stat. 999; as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. ^4 Stat. 831. 5 5 a); $18,125,000, of which not less than $13,500,000 shall be used to eo Stat. sio. purchase foreign currencies or credits owed to or owned by the Treasury of the United States, to remain available until expended: Provided, That not to exceed $1,300,000 may be used for administrative expenses during the current fiscal year. ACQUISITION, OPERATION, A N D M A I N T E N A N C E OF BUILDINGS ABROAD (SPECIAL FOREIGN CURRENCY PROGRAM)

For purchase of foreign currencies which accrue under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), for the purposes authorized by section es Stat. 45s; 104(1) of that Act, to be credited to and expended under the appro- ^^ ^*^'' ^^^°' riation account for "Acquisition, operation, and maintenance of uildings abroad", to remain available until expended, $2,750,000: Provided, That this appropriation shall not be used for the purchase of currencies available in the Treasury for the purposes of section 104(f) of such Act, unless such currencies are excess to the normal requirements of the United States.

E

EMERGENCIES I N THE DIPLOMATIC A N D CONSULAR SERVICE

For expenses necessary to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, to be expended pursuant to the requirement of section 291 of the Revised Statutes (31 U.S.C. 107), $1,500,000. INTERNATIONAL ORGANIZATIONS AND CONFERENCES CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties, conventions, or specific Acts o f Congress, $81,305,000. MISSIONS TO INTERNATIONAL ORGANIZATIONS

For expenses necessary for permanent representation to certain international organizations in which the United States participates pursuant to treaties, conventions, or specific Acts of Congress, including expenses authorized by the pertinent Acts and conventions providing for such representation; salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801*-1158); purchase (not to exceed one) and hire of passenger motor vehicles; printing and binding, without regard to section 11 of the Act of March 1, 1919 (44 U.S.C. I l l); and purchase of uniforms for guards and chauffeurs; $2,600,000.

es Stat. 405.

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I N T E I { N A T K) N A L COXFT.RKXCKS AND tX>NTlXGEXCIES

60 Stat. 999; 74 Stat. 831.

For net^essary expenses of participation by the United States upon approval by the Secretary of State, in international activities which arise from t ime to time in the conduct of foreign affairs and for which specific appropriations have not been provided pursuant to treaties, conventions, or special Acts of Congress, including persona] services without regard to civil service and classification laws; salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1158); ]^jj.g Qf passeuger motor vehicles; contributions for the share of the United States in expenses of international organizations; and printing and binding without regard to section 11 of the Act of March 1, 1919

63 Stat. 405.

(44 U.S.C. I l l); $1,943,000, of which not to exceed a to t a l of $75,000

74 Stat. 801.

may be expended for representation allowances as authorized by section 901 (3) of the Act of August 13, 1946 (22 U.S.C. 1131) and for official entertainment. INTERNATIONAL T A R I F F NEGOTIATIONS

For necessary expenses of participation by the United States in the sixth round of tariff negotiations, $365,000: Provided, That this appropriation shall be available in accordance with authority specified in the current appropriation for "International conferences and contingencies". INTERNATIONAL

COMMISSIONS

INTERNATIONAL BOUNDARY A N D WATER COMMISSION, UNITED STATES A N D MEXICO

24 Stat, ion; 35 Stat* 186334 Stat! 2953'; 48 Stat. 1621; 59 Stat. 1219.

64 Stat. 846. 68 Stat. 1114.

For expenses necessary to enable the United States to meet its obligations under the treaties of 1884, 1889, 1905, 1906, 1933, and 1944 between the United States and Mexico, and to comply with the other laws applicable to the United States Section, International Boundary and Water Commission, United States and Mexico, including opera^^^^ ^^^ maintenance of the Rio Grande rectification, canalization, flood control, bank protection, water supply, power, irrigation, boundary demarcation, and sanitation projects; detailed plan preparation and construction (including surveys and operation and maintenance and protection during construction); Rio Grande emergency flood protection; expenditures for the purposes set forth in sections 101 through 104 of the Act of September 13, 1950 (22 U.S.C. 277d-l— 277d-4); purchase of four passenger motor vehicles for replacement only; purchase of planographs and lithographs; uniforms or allowances therefor, as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); and leasing of private property to remove therefrom sand, gravel, stone, and other materials, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); as follows: SALARIES A N D E X P E N S E S

For salaries and expenses not otherwise provided for, including examinations, preliminary surveys, and investigations, $715,000. OPERATION A N D M A I N T E N A N C E

For operation and maintenance of projects or parts thereof, as enumerated above, including gaging stations, $2,015,000: Provided, That expenditures for the Rio Grande bank protection project shall be subject to the provisions and conditions contained in the appropria-

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1 ion for said project as proxided by the Act approved April 25, 1945 (59 Stat. 89). CONSTRUCTION"

For detailed plan preparation and construction of projects authorized by the convention concluded February 1, 1938, between the United States and Mexico, the Acts approved August 19, 1935, as amended (22 U.S.C. 2T7-277f), August 29, 1935 (49 Stat. 961), June 4, 1936 (49 Stat. 1463), June 28, 1941 (22 U.S.C. 277f), September 13, 1950 (22 U.S.C. 277d-l-9), and the projects stipulated in the treaty between the United States and Mexico signed at Washington on February 3, 1944, $6,500,000, to remain available until expended: Provided. That no expenditures shall be made for the Lower Rio Grande flood-control project for consti'uction on any land, site, or easement in connection with this project except such as has been acquired by donation and the title thereto has been approved by the Attorney General of the United States: Provided further. That the Anzalduas diversion dam shall not be operated for irrigation or water supply purposes in the United States unless suitable arrangements have been made with the prospective water users for repayment to the Government of such portions of the costs of said dam as shall have been allocated to such purposes by the Secretary of State. A M K R I C A N SECTIONS. INTERNATIONAL

48 Stat. i62i. 49 Stat. eeo. 55 Stat. 338. 64 Stat. 846. 59 Stat. 1219.

COMMISSIONS

For expenses necessary to enable the President to perform the obligations of the United States pursuant to treaties between the United States and Great Britain, in respect to Canada, signed January 11, 1909 (36 Stat. 2448), and February 24, 1925 (44 Stat. 2102), the treaty between the United States and Canada, signed February 27, 1950, including services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); hire of passenger motor vehicles; $430,000, to be disbursed under the direction of the Secretary of State, and to be available also for additional expenses of the American Sections, International Commissions, as hereinafter set forth: International Joint Commission, United States and Canada, the salary of one Cormnissioner on the part of the United States who shall serve at the pleasure of the President (the other Commissioners to serve in that capacity without compensation therefor); salaries of clerks and other employees appointed by the Commissioners on the part of the United States with the approval solely of the Secretary of State; travel expenses and compensation of witnesses in attending hearings of the Commission at such places in the United States and Canada as the Commission or the American Commissioners shall determine to be necessary; and special and technical investigations in connection with matters falling within the Commission's jurisdiction: Provided, That transfers of funds may be made to other agencies of the Government for the performance of work for which this appropriation is made. International Boundary Commission, United States and Canada, the completion of such remaining work as may be required under the award of the Alaskan Boundary Tribunal and the existing treaties between the United States and Great Britain; commutation of subsistence to employees while on field duty, not to exceed $8 per day each (but not to exceed $5 per day each when a member of a field party and subsisting in camp); hire of freight and passenger motor vehicles from temporary field employees; and payment for timber necessarily cut in keeping the boundary line (ilear.

1 usx 694. eo Stat. sio.

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INTERNATIONAL FISHERIES COMMISSIONS

For expenses, not otherwise provided for, necessary to enable the United States to meet its obligations in connection with participation in international fisheries commissions pursuant to treaties or conventions, and implementing Acts of Congress, $2,000,000: Provided, That the United States share of such expenses may be advanced to the respective commissions. EDUCATIONAL EXCHANGE M U T U A L E D U C A T I O N A L A N D CULTURAL E X C H A N G E

22 USC 2451 note. 53 Stat. 1290. 60 Stat. 999; 74 Stat. 8 3 1. 60 Stat. 713.

60 Stat. 810. 31 USC 529.

ACTIVITIES

For expenses, not otherwise provided for, necessary to enable the Secretary of State to carry out the functions of the Department of State under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 (75 Stat. 527) and the Act of August 9, 1939 (22 U.S.C. 501), including expenses authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1158); expenses of the National Commission on Educational, Scientific, and Cultural Cooperation as authorized by sections 3, 5, and 6 of the Act of July 30, 1946 (22 U.S.C. 287o, 287q, 287r); hire of passenger motor vehicles; not to exceed $18,000 for representation expenses; not to exceed $1,000 for official entertainment within the United States* services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a); and advance of funds notwithstanding section 3648 of the Revised Statutes, as amended; $42,625,000, of which not less than $15,000,000 shall be used to purchase foreign currencies or credits owed to or owned by the Treasury of the United States: Provided, That not to exceed $2,150,000 may be used for administrative expenses during the current fiscal year. CENTER FOR CULTURAL A N D T E C H N I C A L I N T E R C H A N G E B E T W E E N EAST AND WEST

74 Stat. 14 1, 22 USC 2054 note.

To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to any appropriate agency of the State of Hawaii, $5,100,000: Provided, That none of the funds appropriated herein shall be used to pay any part of the salary, or to enter into any contract providing for the payment thereof, to any individual whose aggregate salary from any and all sources is in excess of $20,000 per annum. RAMA ROAD, NICARAGUA

Transfer of funds.

For liquidation of obligations incurred for completion of the Rama Road, as authorized by section 3 of the Federal-Aid Highway Act of 1962 (76 Stat. 1145-1146), $850,000, to remain available until expended: Provided, That transfer of funds may be made from this appropriation to the Department of Commerce for the performance of work for which the appropriation is made. GENERAL PROVISIONS—DEPARTMENT OF STATE

Security guard services.

SEC. 102. Appropriations under this title for "Salaries and expenses", "International conferences and contingencies", and "Missions to international organizations" are available for reimbursement of the General Services Administration for security guard services for protection of confidential files.

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STAT.]

781

SKC. 103. No part of any appropriation contained in this title shall be used to pay the salary or expenses of any person assigned to or serving in any office of any of the several States of the United States or any political subdivision thereof. SEC. 104. None of the funds appropriated in this title shall Advocates! of be used (1) to pay the United States contribution to any international °"^ ^"""^"^ governorganization which engages in the direct or indirect promotion of the ""^^ ' principle or doctrine of one world government or one world citizenship; (2) for the promotion, direct or indirect, of the principle or doctrine of one world government or one world citizenship. SKC. 10'5. I t is the sense of the Congress that the Communist Chi- Communist nese Government should not be admitted to membership in the United China. Nations as the representative of China. This title may be cited as the "Department of State Appropriation Citation of title. Act, h)U". TITLE 11—DEPARTMENT OF J U S T I C E LEGAL

AcTivii'iEs

AXD GENEKAI. ADMINISTRATION

Department of Justice Appropriation Act, 1964.

SALARIES AND E X P E N S E S, GENERAL ADMINISTRATION

For expenses necessary foi' the administration of the Department of Justice and for examination of judicial offices, including purchase (two for replacement only, including one heavy sedan at not to exceed $5,000) and hire of passenger motor vehicles; and miscellaneous and emergency expenses authorized or approved by the Attorney General or the Administrative Assistant Attorney General; $4,660,000. SALARIES AND E X P E N S E S, GENERAL LEGAL ACT l v m E S

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including miscellaneous and emergency expenses authorized or approved by the Attorney General or the Administrative Assistant Attorney General; not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of the Attorney General and accounted for solely on his (certificate; and advances of public moneys pursuant to law (31 U.S.C. 529); $18,573,000. A L I E N PROPERTY ACTIVITIES L I M I T A T I O N O N GENERAL ADMINISITIATIVE E X P E N S E S

The Attorney General, or such officer as he may designate, is hereby authorized to pay out of any funds or other property or interest vested in him or transferred to him pursuant to or with respect to the Trading With the Enemy Act of October 6, 1917, as amended (50 U.S.C. App.), and the International Claims Settlement Act, as amended (22 U.S.C. 1631), necessary expenses incurred in carrying out the powers and duties conferred on the Attorney General pursuant to said Acts: Provided, That not to exceed $690,000 shall be available in the current fiscal year for the general administrative expenses of alien property activities, including rent of private or Government-owned space in the District of Columbia: Provided further, That on or before November 1 of the current fiscal year the Attorney General shall make a report to the Appropriations Committees of the Senate and the House of Representatives giving detailed information on all administrative and nonadministrative expenses incurred during the next preceding fiscal year in connection with the alien property activities: Provided further, That of the total amount herein authorized the amount of

40 Stat. 4 1 1. 50 USC app. 1. 69 Stat. 562.

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[77 STAT.

$60,000 is to be transferred to the appropriation for "Salaries and expenses, general adniinistTation", Justice. SAIJARIES AND EXPENSES, A N T I T R U S T D m s i o N

For expenses necessary for the enforcement of antitrust and kindred laws, $6,600,000: Provided, That none of this appropriation shall be expended for the establishment and maintenance of pennanent regional offices of the Antitrust Division. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS AND MARSHALS

28 USC app.

For necessary expenses of the offices of the United States attorneys and marshals, including purchase of two buses including one for replacement only; and firearms and ammunition; $29,230,000, of which not to exceed $50,000 shall be available for the employment of temporary deputy marshals in lieu of bailiffs at a rate of not to exceed $12 per day and not to exceed $5,000 for loss of and damage to personal effects and property of United States attorneys and marshals: Provided, That of the amount herein appropriated $17,500 may be used for the emergency replacement of one prisoner-carrying bus upon <'ertificate of the Attorney General: Provided further, That of the amount herein appropriated not to exceed $200,000 shall be available for payment of compensation and expenses of Commissioners appointed in condemnation cases mider Rule 71A(h) of the Federal Rules of Civil Procedure. FEES AND EXPENSES OF WITNESSES

64 Stat. 380. 63 Stat. 686.

For expenses, mileage, and per diems of witnesses and for per diems in lieu of subsistence, as authorized by law, and not to exceed $275,000 for such compensation and expenses of witnesses (including expert witnesses) or informants pursuant to section 1 of the Act of July 28, 1950 (5 U.S.C. 341) and sections 4244-48 of title 18, United States Code; $2,300,000: Provided, That no part of the sum herein appropriated shall be used to pay any witness more tlian one attendance fee for any one calendar day. FEDERAL BUREAU OF INVESTIGAITON SAI^RIES AND EXPENSES

For expenses necessary for the detection and prosecution of crimes against the United States; protection of the person of the President of the United States; acquisition, collection, classification and preservation of identification and other records and their exchange with, and for the official use of, the duly authorized officials of the Federal Government, of States, cities, and other institutions, such exchange to be subject to cancellation if dissemination is made outside the receiving departments or related agencies; and such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General, including purchase for police-type use without regard to the general purchase price limitation for the current fiscal year (not to exceed five hundred and one, including one armored vehicle, of which three hundred and one shall be for replacement only) and hire of passenger motor vehicles; firearms and ammunition; not to exceed $10,000 for taxicab hire to be used exclusively for the puiposes set forth in this paragraph; payment of rewards; and not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended

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under the clirect ion of the Attorney General, and to be accounted for solely on his certificate; $146,900,000: Provided, That the compensa- Director, comtion of the Director of the Bureau shall be $22,000 per anniun so long pensation. as the position is held by the present incumbent. None of the funds appropriated for the Federal Bureau of Investijration shall be used to pay the compensation of any civil-service employee. iMMKiKATlOX AND X A ' I T R A L I Z A T I O N

SERVICE

SALARIES A N D EXPENSES

For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including advance of cash to aliens for meals and lodging while en route; payment of allowances (at a rate not in excess of $1 per day) to aliens, while held in custody under the immigration laws, for work performed; payment of rewards; not to exceed $5,00 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and acx'omited for solely on his certificate; purchase for police-type use, without regard to the general purchase price limitation for the current fiscal year (not to exceed two hundred and fifty for replacement only) and hire of passenger motor vehicles; purchase (not to exceed eight for replacement only) and maintenance and operation of aircraft; firearms and annnunition, attendance at firearms matches; refunds of head tax, maintenance bills, immigration fines, and other items properly returnable, except de^wsits of aliens who become public charges and deposits to secure payment of fines and passage money; operation, maintenance, remodeling, and repair of buildings and the purchase of equipment incident thereto; acquisition of land as sites for enforcement fence and construction incident to such fence; reimbursement of the General Services Administration for security guard services for protection of confidential files; and maintenance, care, detention, surveillance, parole, and transportation of alien enemies and their wives and dependent children, including return of such persons to place of bona fide residence or to such other place as may be authorized by the Attorney General; $69,011,000: Provided, Aircraft. That of the amount herein appropriated, not to exceed $50,000 may be used for the emergency replacement of aircraft upon certificate of the Attorney General. FEDERAL PRISON SYSTEM SALARIES AND EXPENSES, BUREAU OF PRISONS

For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including supervision of United States prisoners in non-Federal institutions; purchase of not to exceed twenty-six (of which twenty shall be for replacement only) and hire of passenger motor vehicles; compilation of statistics relating to prisoners in Federal and non-Federal penal and correctional institutions; payment pursuant to law of claims of employees for loss, damage, or destruction of personal property (31 U.S.C. 288); firearms and ammunition; medals and other awards; 63 Stat. le?. payment of rewards; purchase and exchange of farm products and livestock; construction of buildings at prison camps; and acquisition of land as authorized by section 7 of the Act of July 28, 1950 (5 U.S.C. 341f); $53,00,00: Provided, That there may be transferred to the 64 Stat. 38u Public Health Service such amounts as may be necessary, in the discre- ^^ Stat. se?. tion of the Attorney General, for direct expenditure by that Service

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[77

STAT.

for medical relief for iiiinates of Federal penal and correctional institutions. BUILDIXG8 AND FACILITIES

For constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, and for planning and site acquisition for a replacement institution for the National Training School, and for construction of a new psychiatric institution, including all necessary expenses incident thereto, by contract or force account, $9,525,000: Provided, That labor of United States prisoners may be used for work performed under this appropriation. SITPPOKT OF IX I T E I) STATES PRISONERS

For support of L'liited States prisoners in non-Federal institutions, including necessary clothing and medical aid, and payment of rewards, $4,100,000. GENERAL PROVISIONS—DEPARTMENT OF J i STICE Attorneys, qualifications.

Reimbursement to U.S.

Attendance at meetings.

60 Stat. 810.

68 Stat. 1114. Citation of title.

Department of Commerce Appropriation Act, 1964.

SEC. 202. None of the funds appropriated by this title may be used to pay the compensation of any person hereafter employed as an attorney (except foreign counsel employed in special cases) unless such person shall be duly licensed and authorized to practice as an attorney under the laws of a State, territory, or the District of Columbia. SEC. 203. Seventy-five per centum of the expenditures for the offices of the United States attorney and the United States marshal for the District of Columbia from all appropriations in this title shall be reimbursed to the United States from any funds in the Treasury of the United States to the credit of the District of Columbia. SEC. 204. Appropriations and authorizations made in this title which are available for expenses of attendance at meetings shall be expended for such purposes in accordance with regulations prescribed by the Attorney General. SEC. 205. Appropriations and authorizations made in this title for salaries and expenses shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $75 per diem for individuals. SEC. 206. Appropriations for the current fiscal year for "Salaries and expenses, general administration", "Salaries and expenses. United States Attorneys and Marshals", "Salaries and expenses. Federal Bureau of Investigation", "Salaries and expenses. Immigration and Naturalization Service", and "Salaries and expenses. Bureau of Prisons", shall be available for uniforms and allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131). This title may be cited as the "Department of Justice Appropriation Act, 1964". TITLE III — DEPARTMENT OF COMMERCE GENERAL ADMINISTRATION SALARIES AND EXPENSES

46 USC 216 note.

For expenses necessary for the general administration of the Department of Commerce, including expenses necessary to carry out the provisions of the Great Lakes Pilotage Act of 1960 (74 Stat. 259), and not to exceed $1,500 for official entertainment, $4,000,000.

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