Page images
PDF
EPUB

Genevieve D. Kessel, Gormania, W. Va., in eral Government to the Board of Public In- you a warm and hearty welcome, and place of A. H. Elrick, retired.

[blocks in formation]

struction, Okaloosa County, Fla.

The message also announced that the Senate had passed, with amendments in which the concurrence of the House is requested, a bill of the House of the following title:

H.R. 4170. An act to provide for adjustments in annuities under the Foreign Service retirement and disability system.

The message also announced that the Senate had passed a bill and a joint resolution of the following titles, in which the concurrence of the House is re

Wesley G. Somers, Kemmerer, Wyo., in quested: place of A. M. Gilchrist, retired.

CONFIRMATIONS

Executive nominations confirmed by the Senate August 31 (legislative day of August 30), 1965:

DEPARTMENT OF JUSTICE

Edward M. McEntee, of Rhode Island, to be U.S. circuit judge, first circuit, vice Peter Woodbury, retired.

William O. Mehrtens, of Florida, to be U.S. district judge for the southern district of Florida, vice Emett C. Choate, retired.

HOUSE OF REPRESENTATIVES

TUESDAY, AUGUST 31, 1965

The House met at 12 o'clock noon.

The Chaplain, Rev. Bernard Braskamp, D.D., offered the following prayer, using this verse of Scripture: Ephesians 5: 1: Be ye therefore followers of God, as dear children.

Almighty God, in whose presence we are all one in our littleness and our need, we beseech thee to make us one in purity and humility of heart.

Bless us with the spirit of generosity and the grace of understanding when we think of the vast multitude for whom the struggle of life is so difficult.

Grant that our minds and hearts may be filled with aspirations to follow Thee and skilled in the ministry of doing good and ever determined to bring mankind within reach and range of Thy benefi

[blocks in formation]

S. 2092. An act to amend the Agricultural Marketing Agreement Act of 1937 to permit marketing orders applicable to celery, sweet corn, limes, or avocados to provide for paid advertising; and

S.J. Res. 69. Joint resolution to authorize the Administrator of General Services to construct the third Library of Congress building in square 732 in the District of Columbia, to be named the "Library of Congress James Madison Memorial Building" and to contain a Madison Memorial Hall, and for other purposes.

[blocks in formation]

There was no objection.

Mr. GETTYS. Mr. Speaker, the loss of the House of Representatives in the re

tirement of Sid Williston will be the gain of the Fifth Congressional District of South Carolina which it is my great honor to represent. Sid has built a home at Chesterfield and his family is now there awaiting the completion of today's business of the House so he can join them.

Mr. Speaker, I have known Sid almost since "old Blue" was a pup. I first met him when I served as secretary to the former distinguished chairman of the House Committee on Foreign Affairs, Gov. James Richards, of South Carolina, years ago. I have always found Sid to be a gentleman in every sense of the word and a loyal, devoted employee of the House of Representatives. He has manifested his worth to this body in the efficient and expeditious manner in which he has discharged his duties as Chief Clerk to the Official Reporters of Debates.

Mr. Speaker, the CONGRESSIONAL RECORD is one of the many great endeavors around here which never fail. It is at our desk every morning of the session and is what I consider to be one of the best

The Journal of the proceedings of yes- prepared documents of our day. A large terday was read and approved.

MESSAGE FROM THE SENATE A message from the Senate by Mr. Arrington, one of its clerks, announced that the Senate had passed without amendment a bill of the House of the following title:

H.R. 4905. An act to provide for the conveyance of certain real property of the Fed

measure of its success is due to the clerical staff of the Official Reporters. Sid has always been on the job with a ready smile, an attitude of cooperativeness, and a willingness to get on with the job. Painstaking attention to detail, loyalty to this great legislative body, and devotion to friends has been his credo. We shall miss him.

Sid, on behalf of the wonderful people of Chesterfield County, S.C., I extend to

may you and your wife and daughter enjoy your association with us for many years in happiness, health, and the comfortable knowledge that you have returned to live among the finest people in

all the world.

Mr. ALBERT. Mr. Speaker, will the gentleman yield?

Mr. GETTYS. I yield to the distinguished majority leader.

Mr. ALBERT. Mr. Speaker, I join my distinguished colleagues in this expression of appreciation for the fine service of Mr. Sid Williston and join in this tribute to a great servant of this House.

Mr. Williston came to work for the

House of Representatives in 1939 as an expert transcriber for the reporting staff. He has advanced during this period of time to the position from which he is now retiring. He is at the desk today carrying out his duties on this last day with us, as he has done so faithfully and well throughout the years. I am sure that all Members, on both sides of the aisle, have been the recipients of his patient attention to our many requests and the efficiency with which he has handled them.

Mr. Speaker, presiding over the clerical

formulation of the House portion of the CONGRESSIONAL RECORD is no small task, as all of us are aware. Sid has done this with quiet calm and expedition. He has that extra time and effort which is so imbeen on the job and always willing to give portant to the work of the House. He has been loyal to the rules and precepts of this body and has always conducted himself in a gentlemanly fashion.

and it is with reluctance that we see him We are proud to have had him with us, go. However, I am sure I express the sentiments of every Member of this body when I say we wish for him and his family every happiness in his retirement

[blocks in formation]
[blocks in formation]

The SPEAKER. Is there objection to the request of the gentleman from Texas?

Mr. REID of New York. Mr. Speaker, reserving the right to object and I do not intend to object-I should like to ask the distinguished gentleman from Texas a few questions about House Joint Resolution 632.

First, it is my understanding, that the President has written Mr. Heath, chairman of the University Board of Regents, on August 9, 1965, stating that this is his pleasure, that he wishes the main archives of the Johnson Presidency to be at the University of Texas; is that correct? Mr. BROOKS. That is correct.

Mr. REID of New York. May I also ask the gentleman whether this joint resolution deals at all with funds for the collection or whether the University of Texas is going to deal with that mat

ter?

Mr. BROOKS. The University of Texas has agreed to build a building to house the presidential documents and papers, about 100,000 square feet on 14 acres of land.

Mr. REID of New York. And this will be without expense to the Federal Government?

Mr. BROOKS. The construction will be without expense to the Federal Government, but the maintenance and operation of the Presidential library, as is the case with other Presidential libraries, will be maintained by the GSA. will run in the neighborhood of $190,000 to start with, which is comparable to the amount expended on the Eisenhower, Truman, and the Roosevelt Libraries.

This

Mr. REID of New York. May I ask the gentleman whether this sum for maintenance will be a matter to be considered by the appropriate subcommittee of the Committee on Appropriations?

Mr. BROOKS. It will.

Mr. REID of New York. May I further ask why the joint resolution has been brought to the floor without the normal 60-day congressional review period?

Mr. BROOKS. For the reason that we hope Congress will have adjourned before the running of the 60-day period. There is also the difficulty of acquiring the land, employing an architect and designing the building. Also, construction costs are liable to go up. It was felt that the University of Texas, as trustees, would be better protected by having this agreement before they expended several million dollars in building a library to house these documents.

Mr. REID of New York. Mr. Speaker, may I ask the gentleman whether the President requested a waiving of this 60day review period?

Mr. BROOKS. That is my understanding. He is aware of the resolution and favored it when our subcommittee passed it out last week.

Mr. REID of New York. And he has requested that this be brought to the floor without the normal review period? Mr. BROOKS. That is my impres

sion.

[blocks in formation]

Mr. GROSS. Mr. Speaker, further reserving the right to object, where are the reports on this resolution?

Mr. BROOKS. The reports are now available. They were just printed recently. I have one here for the gentleman. It will reflect all of the detail of the hearings that we held. The resolution was passed unanimously by the subcommittee and by the full committee.

Mr. GROSS. Well, now, Mr. Speaker, I do not understand this procedure. This is not in the nature of an emergency. I do not understand why the House had no notification that this resolution was to be brought up. There are no reports available at the desk, as is usual, but more importantly, I do not understand why there was no previous notification that this resolution was to be brought before the House today.

Mr. BROOKS. Well, I want to tell my distinguished friend from Iowa, who is a historian of some note himself

Mr. GROSS. I question that, but go ahead.

Mr. BROOKS. The importance of getting this material together is of course critical. It is important to get these documents in a proper place where they can be available for historians and to reporters and to the public. The 60-day period may well ensue and run while Congress has adjourned. So the problem is that we would like to get this on the road now and not delay it any further.

Mr. GROSS. Where were there hearings held on this proposition?

Mr. BROOKS. Hearings were held in the Subcommittee on Government Activities August 25. We heard in detail from the head of the General Services Administration who submitted a report to the Speaker and to the President of the U.S. Senate. These hearings have been printed. They are available. The report has been drafted and it is now available today. The Committee on Government

Operations passed this resolution unanimously.

Mr. GROSS. Do I understand correctly that the Federal Government is not being called upon to construct a library building?

Mr. BROOKS. That is absolutely correct.

Mr. GROSS. And all land and buildings will be made available, but that the cost will be in the neighborhood of $190,000 a year from now on in perpetuity; is that correct?

Mr. BROOKS. I would say that that is correct. This will be in accordance with the 1955 act on Presidential libraries and archives. This is in the same range of the cost, somewhat less than some, of the Roosevelt Library, the Truman Library, and of the Eisenhower Library, and I think is in keeping with the policy of this Nation to provide the public access to our Presidential papers. have never gotten into this sort of thing Mr. GROSS. Is it not true that we until other Presidents had left office?

Mr. BROOKS. No; that is not exactly hower's library was made to the same correct. The request for President Eisen

committee and to the same subcommitand it was approved unanimously by the tee in 1960, before he went out of office,

subcommittee of which I was the chairman, in view of the urgency of the request.

Mr. GROSS. The gentleman will admit that President Eisenhower was on his way out when this legislation was adopted?

Mr. BROOKS. Yes; of course that is

true.

Mr. GROSS. Are we now moving toward a situation where we will provide library maintenance for a presidential candidate in which the candidate can dispose of his papers? Are we going to be confronted with a situation of that kind?

Mr. BROOKS. I do not believe so. I do not believe any university or organization is going to build a $2 or $3 million building for any candidate. This one will be built at no cost to the Government whatsoever.

Mr. GROSS. I want to say to the gentleman from Texas that I do not understand for the life of me the necessity for the speed that brings this resolution to the floor without prior notification of the Members of the House. I do not know why we have to be confronted with legislation on this basis.

Mr. BROOKS. It would delay it until next year. That is the difficulty. I will say to my distinguished colleague from Iowa that if we wait until next January and have to resubmit this and have another 60-day-period run, it may well be March or April before we can employ an architect and begin to acquire the land and move out on this. It would delay this library not just 60 days, but in effect 6 months or a year.

Mr. GROSS. Why did we not have at least 1 day's notification that this was coming before the House? What if this went over until tomorrow? Would the world come to an end?

Mr. BROOKS. Of course it would not. Mr. GROSS. The gentleman from Texas does not like to be confronted with legislation on the floor of the House

[ocr errors]

which has never been heard of before, or seen, or anything else. I am sure of that. I am sure he would not want to impose on other Members of the House. Mr. BROOKS. I may say to the gentleman, and he has been a friend since I came to Congress, that we have worked on this with all of the Republican members of the subcommittee and of the full committee. They understand it, and feel it is proper and fitting that this Congress act on it without further delay.

Mr. GROSS. This Congress can act on it. We have not left Washington yet, and are not likely to for at least another month.

Mr. BROOKS. I am hoping we will. Mr. GROSS. From the way things are going we will be here until the snow flies. I do not see any emergency connected with this project, however, I think the subject has been fairly well explored and I hope there will be no repetition. I here and now serve notice that if any other bill or resolution is brought up on this basis, and I do not care whether it affects the President of the United States, I will object to it.

Mr. BROOKS. Mr. Speaker, I ask unanimous consent to extend my remarks at this point in the RECORD.

The SPEAKER. Is there objection to the request of the gentleman from Texas?

There was no objection.

Mr. BROOKS. Mr. Speaker, the President on August 9, 1965, graciously accepted a proposal from the board of regents of the University of Texas to construct and equip the Lyndon Baines Johnson Library on the university campus at Austin as a depository of the President's papers and other historic materials of his public offices. Previously, on August 6, 1965, the board of regents of the university had advised the President of the university's desire to provide a library for his papers.

The President, on August 13, 1965, wrote the Administrator of General Services of his wishes regarding the designation of the proposed Lyndon Baines Johnson Library as a depository for his papers. At that time the President offered "as a gift to the United States for the purpose of ultimate deposit in the said Presidential library my Presidential and other papers, documents, historic materials, mementos, objects of art, and other memorabilia, including books, motion pictures, still pictures, and sound recordings belonging to me or in my possession which relate to my life and work." As provided by law, the Administrator

of General Services has submitted a report to the Speaker of the House and the President of the Senate outlining the proposal of the University of Texas. He also has officially advised the Congress of the President's offer of his papers and the other materials of his public offices to the people of the United States. The Administrator's report is now required to lie before Congress for 60 days of continuous session before the university's offer can be accepted.

Upon review of the Administrator's report, I introduced House Joint Resolution 632 as a means of obtaining prompt,

affirmative congressional review of the Administrator's report as a more reasonable substitute for the 60-day period of negative congressional action. It is my conclusion, which I believe will be shared by all of those who review the university's proposal, that congressional approval of this project should not be delayed. It would be more appropriate and fully in keeping with our legislative responsibilities to give active consideration to this matter at this time, rather than simply provide a manifestation of congressional acceptance through the mere passage of time.

Upon referral of the Administrator's report to the Government Activities Subcommittee, we held a hearing at which time both the substance of the report and the joint resolution waiving the 60day period were considered in detail.

The subcommittee and later the full Government Operations Committee unanimously endorsed and passed this resolution-House Joint Resolution 632. Under the proposal submitted to the President by the university's board of regents, the university, at its own expense, will provide an appropriate 14acre site on the campus at Austin for construction of a building in which not less than 100,000 square feet of space would be dedicated as the Lyndon Baines Johnson Library to display the President's papers and other historical materials relating to and contemporary with rials relating to and contemporary with the President's life and works.

The proposal provides that upon com

pletion of the building, the university will "turn over, dedicate, and make available the same, including the furnishings able the same, including the furnishings and equipment therein, to the United States for its use in perpetuity as the States for its use in perpetuity as the Lyndon Baines Johnson Library."

As manifested in the correspondence between the President and the university, in addition to the space and facilities dedicated for us as the Presidential archival depository, the building to be constructed will also include space and facilities for University of Texas purposes to be used in furtherance of studies and research in history, government, economics, public administration, and related disciplines. The cost of administering, maintaining, operating, and protecting the site of the Presidential library and such portion of the building as is used for university purposes will be borne by the university. The estimated cost to the United States of maintaining, operating, and protecting that portion of the building dedicated to national archival depository use is estimated to range from approximately $190,000 during the early years to $225,000 after the library is in full operation. This estimate as to the cost of operation to be accepted by the Government is in line with the operational costs of the other Presidential libraries. One unique advantage the Government will have regarding the Johnson Library is that the university has agreed to provide all parking facilities and also to maintain the grounds surrounding the library building. These can be significant items of expense in themselves. The subcommittee, considering all facets of the pro

posal, unanimously concluded that the report submitted by the Administrator of General Services should be affirmatively endorsed by the Congress. This alone is sufficient reason for approval of this resolution waiving the remainder of the 60-day review period as provided in the proviso to section 507 (f) (1) of the act. But, in this instance, there are additional reasons justifying expeditious congressional consideration of this proposal and which dictate waiver of the review period.

First, the sooner this library project is begun, the sooner the papers of the President will become available to students and scholars. As the board of regents of the university operate in a trust capacity, it would not be appropriate to ask them to go ahead on this project without the agreement of the Government to designate the structure as a Presidential archival depository. The President will also have to participate in many aspects of the project. The sooner the project gets started, therefore, the more time he can devote to it personally.

Lastly, the University of Texas must be considered. The university's generous proposal is based upon cost analyses and other criteria available at this time. Delays in construction often mean increases in construction costs. They are also wasteful in the time and efforts of those responsible for and involved in the implementation of the project.

For these reasons, I believe that the House of Representatives is fully justified in endorsing the report of the Administrator and approving Joint Resolution 632 waiving the "60 days of negative action by the Congress," as Speaker McCORMACK SO aptly characterized this

provision at the time it was enacted.

The SPEAKER. Is there objection to the request of the gentleman from Texas?

There being no objection, the Clerk read the House joint resolution, as follows:

H.J. RES. 632

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of General Services is hereby authorized to enter into an agreement upon such terms and conditions as he determines proper with the University of Texas to utilize as the Lyndon Baines Johnson Archival Depository, land, buildings, and equipment of such university to be made available by it without transfer of title to the United States, and to maintain, operate, and protect such depository as a part of the National Archives system. Such agreement may be entered into without regard to the provisions of section 507(f) (1) of the Federal Property and Administrative Services Act of 1949, as amended (44 U.S.C. 397(f) (1)), that the Administrator shall not enter into any such agreement until the expiration of the first period of sixty calendar days of continuous session of the Congress following the date on which a report in writing of any such proposed Presidential archival depository is transmitted by the Administrator to the President of the Senate and the Speaker of the House of Representatives.

The House joint resolution was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

COMMUNICATION FROM THE CLERK principal programs of the Federal Govern

OF THE HOUSE

The SPEAKER laid before the House the following communication from the Clerk of the House which was read, referred to the Committee on House Administration and ordered to be printed:

OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, Washington, D.C., August 30, 1965. The Honorable THE SPEAKER, House of Representatives.

SIR: From the Honorable THOMAS G. ABERNETHY, Member of Congress from the First District of Mississippi, the Honorable JAMIE L. WHITTEN, Member of Congress from the Second District of Mississippi, the Honorable PRENTISS WALKER, Member of Congress from the Fourth District of Mississippi, and WILLIAM M. COLMER, Member of Congress from the Fifth District of Mississippi, the Clerk has received a motion that the attempted contest against each individually, be dismissed, or that each be otherwise relieved from taking further notice of such matter. The communication in this matter is being transmitted for referral to the appropriate committee of the House of Representa

tives.

Respectfully yours,

RALPH R. ROBERTS, Clerk, U.S. House of Representatives.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Mr. HOLIFIELD. Mr. Speaker, I call up the conference report on the bill (H.R. 6927) to establish a Department of Housing and Urban Development, and for other purposes, and ask unanimous consent that the statement of the managers on the part of the House be read in lieu of the report.

The Clerk read the title of the bill. The SPEAKER. Is there objection to the request of the gentleman from California?

There was no objection.

The Clerk read the statement. The conference report and statement are as follows:

CONFERENCE REPORT (H. REPT. No. 884)

The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 6927) to establish a Department of Housing and Urban Development, and for other pur

poses, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following:

"That this Act may be cited as the 'Department of Housing and Urban Development

Act'.

"DECLARATION OF PURPOSE

"SEC. 2. The Congress hereby declares that the general welfare and security of the Nation and the health and living standards of our people require, as a matter of national purpose, sound development of the Nation's communities and metropolitan areas in which the vast majority of its people live and work.

"To carry out such purpose, and in recognition of the increasing importance of housing and urban development in our national life, the Congress finds that establishment of an executive department is desirable to achieve the best administration of the

ment which provide assistance for housing and for the development of the Nation's communities; to assist the President in achieving maximum coordination of the various Federal activities which have a major effect upon urban community, suburban, or metropolitan development; to encourage the solution of problems of housing, urban development, and mass transportation through State, county, town, village, or other local and private action, including promotion of interstate, regional, and metropolitan cooperation; to encourage the maximum contributions that may be made by vigorous private homebuilding and mortgage lending industries to housing, urban development, and the national economy; and to provide for full and appropriate consideration, at the national level, of the needs and interests of the Nation's communities and of the people who live and work in them.

"ESTABLISHMENT OF DEPARTMENT

"SEC. 3. (a) There is hereby established at the seat of government an executive department to be known as the Department of Housing and Urban Development (hereinafter referred to as the 'Department'). There shall be at the head of the Department a Secretary of Housing and Urban Development (hereinafter referred to as the 'Secretary'), who shall be appointed by the President by and with the advice and consent of the Senate. The Department shall be administered under the supervision and direction of the Secretary. The Secretary shall receive compensation at the rate now or hereafter prescribed by law for the heads of executive departments.

"(b) The Secretary shall, among his responsibilities, advise the President with respect to Federal programs and activities relating to housing and urgan development; develop and recommend to the President policies for fostering the orderly growth and development of the Nation's urban areas; exercise leadership at the direction of the President in coordinating Federal activities affecting housing and urban development; provide technical assistance and information, including a clearinghouse service to aid State, county, town, village, or other local governments in developing solutions to community and metropolitan development problems; consult and cooperate with State Governors and State agencies, including, when appropriate, holding informal public hearings, with respect to Federal and State programs for assisting communities in developing solutions to community and metropolitan development problems and for encouraging

effective regional cooperation in the planning development programs and projects; enand conduct of community and metropolitan courage comprehensive planning by the State and local governments with a view to coordinating Federal, State, and local urban and community development activities; encourage private enterprise to serve as large a part of the Nation's total housing and urban development needs as it can and develop the fullest cooperation with private enterprise in achieving the objectives of the Department; and conduct continuing comprehensive studies, and make available findings, with respect to the problems of housing and urban development.

"(c) Nothing in this Act shall be construed to deny or limit the benefits of any program, function, or activity assigned to the Department by this or any other Act to any community on the basis of its population or corporate status, except as may be expressly provided by law.

"UNDER SECRETARY AND OTHER OFFICERS AND OFFICES

"SEC. 4. (a) There shall be in the Department an Under Secretary, four Assistant Secretaries, and a General Counsel, who shall be appointed by the President by and

with the advice and consent of the Senate, who shall receive compensation at the rate now or hereafter provided by law for under secretaries, assistant secretaries, and general counsels, respectively, of executive departments, and who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. There shall be in the Department a Federal Housing Commissioner, who shall be one of the Assistant Secretaries, who shall head a Federal Housing Administration within the Department, who shall have such duties and powers as may be prescribed by the Secretary, and who shall administer, under the supervision and direction of the Secretary, departmental programs relating to the private mortgage market.

"(b) There shall be in the Department an Assistant Secretary for Administration, who shall be appointed, with the approval of the President, by the Secretary under the classified civil service, who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time, and whose annual rate of compensation shall be the same as that now or hereafter provided by or pursuant to law for assistant secretaries for administration of executive departments.

"(c) There shall be in the Department a Director of Urban Program Coordination, who shall be designated by the Secretary. He shall assist the Secretary in carrying out his responsibilities to the President with respect to achieving maximum coordination of the programs of the various departments and agencies of the Government which have a major impact on community development. In providing such assistance, the Director shall make such studies of urban and community problems as the Secretary shall request, and shall develop recommendations relating to the administration of Federal programs affecting such problems, particularly with respect to achieving effective cooperation among the Federal, State, and local agencies concerned. Subject to the direction of the Secretary, the Director shall, in carrying out his responsibilities, (1) establish and maintain close liaison with the Federal departments and agencies concerned, and (2) consult with State, local, and regional officials, and consider their recommendations with respect to such programs.

"TRANSFERS TO DEPARTMENT

"SEC. 5. (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to and vested in the Secretary all of the functions, powers, and duties of the Housing and Home Finance Agency, of the Federal Housing Administration and the Public Housing Administration in that Agency, and of the heads and other officers and offices of said agencies.

"(b) The Federal National Mortgage Association, together with its functions, powers, and duties, is hereby transferred to the Department. The next to the last sentence of section 308 of the Federal National Mortgage Association Charter Act and the item numbered (94) of section 303 (e) of the Federal Executive Salary Act of 1964 are hereby repealed, and the position of the President of said Association is hereby allocated among the positions referred to in section 7(c) hereof.

"(c) The President shall undertake studies of the organization of housing and urban development functions and programs within the Federal Government, and he shall provide the Congress with the findings and conclusions of such studies, together with his recommendations regarding the transfer of such functions and programs to or from the Department. Notwithstanding any other provision of this Act, none of the functions of the Secretary of the Interior authorized under the Land and Water Conservation Fund Act of 1965 (78 Stat. 897) or other functions carried out by the Bureau of Outdoor Rec

reation shall be transferred from the Department of the Interior or in any way be limited geographically unless specifically provided for by reorganization plan pursuant to provisions of the Reorganization Act of 1949 (63 Stat. 203), as amended, or by statute.

"CONFORMING AMENDMENTS

"SEC. 6. (a) Section 19 (d) (1) of title 3 of the United States Code is hereby amended by striking out the period at the end thereof and inserting a comma and the following: 'Secretary of Health, Education, and Welfare, Secretary of Housing and Urban Development.'

"(b) Section 158 of the Revised Statutes (5 U.S.C. 1) is amended by adding at the

end thereof:

"Eleventh. The Department of Housing and Urban Development.'

"(c) The amendment made by subsection (b) of this section shall not be construed to make applicable to the Department any provision of law inconsistent with this Act.

"ADMINISTRATIVE PROVISIONS

"SEC. 7. (a) The personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, or other funds held, used, arising from, or available or to be made available in connection with, the functions, powers, and duties transferred by section 5 of this Act are hereby transferred with such functions, powers, and duties, respectively.

"(b) No transfer of functions, powers, and duties shall at any time be made within the Department in connection with the secondary market operations of the Federal National Mortgage Association unless the Secretary finds that the rights and interests of owners of outstanding common stock issued under the Federal National Mortgage Association Charter Act will not be adversely affected thereby.

"(c) The Secretary is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees, including attorneys, as shall be necessary to carry out the provisions of this Act and to prescribe their authority and duties: Provided, That any other provision of law to the contrary notwithstanding, the Secretary may fix the compensation for not more than six positions in the Department at the annual rate applicable to positions in level V of the Federal Executive Salary Schedule provided by the Federal Executive Salary Act of 1964. "(d) The Secretary may delegate any of his functions, powers, and duties to such officers and employees of the Department as he may designate, may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, powers, and duties. The second proviso of section 101(c) of the Housing Act of 1949 is hereby repealed.

"(e) The Secretary may obtain services as authorized by section 15 of the Act of August 2, 1946, at rates not to exceed $100 per

diem for individuals.

"(f) The Secretary is authorized to establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be desirable in the interest of economy and efficiency in the Department, including such services as a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies; central messenger, mail, telephone, and other communications services; office space; central services for document reproduction and for graphics and

visual aids; and a central library service. In addition to amounts appropriated to provide capital for said fund, which appropriations are hereby authorized, the fund shall be capitalized by transfer to it of such stocks of supplies and equipment on hand or on order as the Secretary shall direct. Such fund shall be reimbursed from available funds of

agencies and offices in the Department for which services are performed at rates which will return in full all expenses of operation, will return in full all expenses of operation, including reserves for accrued annual leave and for depreciation of equipment.

"(g) The Secretary shall cause a seal of office to be made for the Department of such device as he shall approve, and judicial notice shall be taken of such seal.

"ANNUAL REPORT

"SEC. 8. The Secretary shall, as soon as practicable after the end of each calendar year, make a report to the President for submission to the Congress of the activities of the Department during the preceding calendar year. "SAVINGS PROVISIONS

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

"(b) No suit, action, or other proceeding commenced by or against any agency whose functions are transferred by this Act, or by or against any officer of any such agency in his official capacity, shall abate by reason of the enactment of this Act. A court may at any time during the pendency of the litigation, on its own motion or that of any party, order that the same may be maintained by or against the United States or such official of the Department as may be appropriate.

"(c) Except as may be otherwise expressly provided in this Act, all powers and authorities conferred by this Act shall be cumulative and additional to and not in derogation of any powers and authorities otherwise existing. All rules, regulations, orders, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to applicable law, prior to the effective date of this Act, by any agency, officer, or office pertaining to any functions, powers and duties transferred by this Act shall continue in full force and effect after the effective date of this Act until modified or rescinded

by the Secretary or such other officer or office of the Department as, in accordance with applicable law, may be appropriate. With respect to any function, power, or duty transferred by or under this Act and exercised hereafter, reference in another Federal law to the Housing and Home Finance Agency or to any officer, office, or agency therein, except the Federal National Mortgage Association and its officers, shall be deemed to mean the Secretary. The posi

tions and agencies heretofore established by law in connection with the functions, powers, and duties transferred under section 5(a) of this Act shall lapse.

"SEPARABILITY

"SEC. 10. Notwithstanding any other evidence of the intent of Congress, it is hereby declared to be the intent of Congress that if any provision of this Act, or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act or its application to other persons and circumstances, but shall be confined in its operation to the provision of this Act, or the application thereof to the persons and circumstances, directly involved in the con

troversy in which such judgment shall have been rendered. "EFFECTIVE DATE AND INTERIM APPOINTMENTS "SEC. 11. (a) The provisions of this Act shall take effect upon the expiration of the first period of sixty calendar days following the date on which this Act is approved by the President, or on such earlier date as the President shall specify by Executive order published in the Federal Register, except that any of the officers provided for in sections 3(a), 4(a), and 4(b) of this Act may be nominated and appointed, as provided in such sections, at any time after the date this Act is approved by the President.

"(b) In the event that one or more officers required by this Act to be appointed, by and with the advice and consent of the Senate, shall not have entered upon office on the effective date of this Act, the President may designate any person who was an officer of the Housing and Home Finance Agency immediately prior to said effective date to act in such office until the office is filled as provided in this Act or until the expiration of the first period of sixty days following said effective date, whichever shall first occur. While so acting such persons shall receive compensation at the rates provided by this Act for the respective offices in which they act."

And the Senate agree to the same.
WILLIAM L. DAWSON,
CHET HOLIFIELD,
DANTE B. FASCELL,

HENRY S. REUSS,

BENJAMIN S. ROSENTHAL, JOHN N. ERLENBORN,

JOHN W. WYDLER,

Managers on the Part of the House.
ABRAHAM RIBICOFF,
HENRY M. JACKSON,
ROBERT F. KENNEDY,
JACOB K. JAVITS,
MILWARD L. SIMPSON,
Managers on the Part of the Senate.
STATEMENT

The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 6927) to establish a Department of Housing and Urban Development, and for other purposes, submit the following statement in explanation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report:

The Senate struck out all of the House bill after the enacting clause and inserted a substitute amendment. The committee of conference has agreed to a substitute for both the House bill and the Senate amendment. Except for technical, clarifying, and conforming changes, the following statement explains the differences between the House bill and the substitute agreed to in conference.

The Senate amendment deleted nothing substantive from the House bill but made a number of additions.

The Senate inserted the word "community" or substituted it for "urban" at various points in the bill so that the areas affected by the legislation would be broadened to include "community" as well as urban, suburban or metropolitan as were contained in the House bill. The managers on the part of the House accepted this amendment.

The declaration of purpose in the House bill was amended by the Senate to encourage the solution of problems of mass transportation and also to encourage the maximum contributions that may be made by the vigorous private homebuilding and mortgage lending industries to housing, urban development and the national economy. These additions were accepted by the managers on the part of the House.

« PreviousContinue »