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Health - Labor
HEALTH
Health, 1961
Community Health Services and Facilities Act of 1961
H.R. 4998 Public Law 87395, approved October 5, 1961
This measure expands and improves community health services and facilities for the health care of the aged and other persons by Increasing the availability, scope, and quality of community health services and facilities to assist in meeting the health needs of the chronically ill and aged; Increasing and expanding research to more effectively develop and utilize hospitals and other medical care facilities Continuing grants to assist in the objectives of health research facilities. To accomplish the above objectives, this act Increases from $30 million to $50 million, for each of the next 5 years, the appropriation authorization for matching grants-in-aid. to States to assist them in expanding their public health services for the chronically ill and aged. Authorizes through June 30, 1966, up to $10 million annually in special project grants to public and nonprofit organizations for studies, experiments, and demonstrations of new or improved methods of providing health services outside hospitals, primarily for chronically ill or aged persons. Increases for 3 years the annual appropriation authorization, from $10 million to $20 million, for grants-in-aid. to States to construct public and other nonprofit nursing homes under the Hill-Burton program. Liberalizes the eligibility criteria of rehabilitation centers for construction assistance under the Hill-Burton program, by requiring that, rehabilitation centers, to qualify for Federal assistance, need to provide for medical services and either psychological, social, or vocational services. (Under existing law, all four are required.) Amends the Hill-Burton Act to extend to June 30, 1964, the authorization for loans for construction of hospitals and other medical facilities. Increases the annual appropriation ceiling for hospital research grants from $1,200,000 to $10 million, extends the program to medical facilities other than hospitals, and authorizes appropriations for grants for constructing and equipping experimental or demonstration hospitals and other medical facilities. Amends the authority of the Surgeon General of the Public Health Service to make non-matching grants for constructing health research facilities by permitting it to expire June 30, 1962. Extends for an additional 1 year, until June 30, 1963, the matching grant program for constructing health research facilities, and increases the authorization from $30 million to $50 million a year.
__________ Practical Nurse Training
S. 278 Public Law 8722, approved April 24, 1961
Recognizing the essential role of practical nursing in aiding the ill, Congress extended the 1956 act for another 3 years (making a total of 8) providing Federal assistance on a matching basis for vocational education training programs for practical nurses. Up to 1956, there had been similar programs in the fields of agriculture, home economics, trades and industry, distributive occupations, and fishing which have proved highly successful through the years. An innovation in the present bill is that Congress has agreed to include Guam as a participant under the act. At present all of the States, the District of Columbia, Puerto Rico, and the Virgin Islands have practical nurse programs in operation-increasing from 7,000 participants in 1957 to 40,000 in 1960. The limit set for Federal grants in the nursing program is $5 million which must be matched by the participating State.
__________ Water Pollution Control
H.R. 6441 Public Law 8788, approved July 20, 1961
Congress, as a part of the President's natural resources program, enacted the Federal Water Pollution Control Amendments of 1961 which would Increase the existing $50 million in annual authorization for Federal grants to assist communities in constructing sewage treatment plants to $80 million for fiscal 1962, $90 million for fiscal 1963 and $100 million for each of the fiscal years 196467, retaining the requirement that 50 percent of the grants be used for communities with populations of 125,000 or less. Limit individual construction grants to 30 percent of the estimated cost of building the sewage treatment plant, or to $600,000, whichever is smaller. Authorize construction of joint sewage treatment projects serving more than one municipality, with $2.4 million set as the maximum Federal grant for the multiproject. Bar the approval of any construction grant exceeding $250,000 in any State until all applications filed prior to 1 year following the effective date of the act had been either approved or rejected. Authorize the reallocation of construction grant funds not obligated within 18 months after allocation and permit the Secretary to use the uncommitted allocation to increase aid to a project within the State where pollution occurred because of Federal activities. Increase annual Federal matching grants to States for the administration of water pollution control programs from $3 million to $5 million, extended the program for 7 years through June 30, 1968, and directs the States by July 1, 1962, to list the criteria used in determining the priority of projects. Extend Federal pollution abatement authority to all interstate and navigable waters in or adjacent to any State or States whether the matter causing or contributing to the pollution is discharged directly into such waters or reaches such waters after discharge into a tributary of such waters. Authorize the Secretary of HEW, in cases of intrastate pollution, to conduct investigations and make recommendations on abatement only at the request of the State Governor. Authorize the Secretary, in cases of intrastate pollution, to request the Attorney General to bring suit on behalf of the United States to secure abatement where his previous instructions had not been carried out, but he must obtain the consent of the Governor of the State involved in cases of intrastate pollution. Authorize $5 million annually with a total limitation of $25 million, to develop new methods of sewage treatment. Authorize the establishment of water pollution demonstration and research facilities and require that at least one laboratory be located in each of the following areas: Northeast, Middle Atlantic, Southeast, Midwest, Southwest, Pacific Northwest and Alaska. Remove the $100,000 annual limitation on research fellowships granted by HEW, but require an annual report by the Secretary to the appropriate committee of Congress on the operation of the program.
Health, 1962
Air Pollution Control Study
S. 455 Public Law 87761, approved October 9, 1962
Extends to June 30, 1966, and authorizes up to $5 million a year in appropriations for a continuation of the present study being conducted by the Surgeon General of the Public Health Service and the Secretary of Health, Education, and Welfare, in conjunction with various State agencies into the causes, effects, and ways to abate air pollution.
__________ American Hospitals of Paris
H.R. 11996 Public Law 87673, approved September 19, 1962
Grants perpetual succession to the American Hospital of Paris. The American Hospital of Paris was incorporated by an act of Congress in 1913. The purpose of the corporation was to establish, maintain, and conduct in the city of Paris a hospital to furnish medical and surgical aid and care to the citizens of the United States of America. For some 50 years the hospital has administered to the American community in France and to Americans traveling in Europe. Since World War II it has provided medical services to the U.S. Army in Europe. The hospital is a nonprofit institution. It receives no subsidy from any government. Its income is derived from charges to patients, donations, and the return on its endowment. The charter which Congress granted in 1913 was for a period of 50 years, expiring January 30, 1963. This legislation amends the charter of the American Hospital of Paris to give it perpetual succession.
__________ Drug Industry Act of 1962
S. 1552 Public Law 87781, approved October 10, 1962
As enacted into public law this bill would Extend the period the Food and Drug Administration has for acting on a manufacturer's application to market a new drug; broaden FDA's powers to inspect drug factories and require every plant to be registered. Authorize FDA to seize products from any drug plant where unsanitary conditions are found or where current good manufacturing practice was not followed. Require prescription drug advertising and labels to carry the generic name of the drug in type at least half as large as the brand name. Require FDA to pass not only on the safety of drugs but also on claims for their effectiveness. Empower the Secretary of HEW to decide on official names of drugs when the industry is unable to agree. Require manufacturers to keep records on their experience with new drugs. Extend present Federal certification controls on certain antibiotic drugs to cover all antibiotics. Provide for cooperation between the Patent office and HEW on questions relating to drug patents. Provide that regulations may include provisions for adequate tests in animals before a new drug may be distributed by manufacturer for testing and evaluation of its effects on humans. Require regulations to have due regard for interests of the patients as well as the professional ethics of the medical profession. In signing the bill, President Kennedy said:
I am pleased to approve this bill, which is designed to provide safer and more effective drugs to the American consumer. Enactment of this legislation will help give the American consumer the protection from unsafe and ineffective drugs. It will also insure that our pharmaceutical industry will be even better equipped to provide us with the best possible drugs to be found anywhere. The Congress is to be congratulated in moving so quickly. Fortunately, prior to the revelation of the dangers posed by drugs like thalidomide the foundation for legislative action on drugs had been laid down in exhaustive hearings conducted by Senator Kefauver and others who introduced the present bill in its first version and in legislative proposal on drugs and factor inspection introduced in the House by Congressman Harris. I believe that enactment of this legislation is a major step forward toward giving necessary protection to the American consumer.
__________ National Institutes of Health
H.R. 11099 Public Law 87838, approved September 16, 1962
Authorized an Institute of Child Health and Human Development to be established and elevated to Institute status the existing Division of General Medical Sciences. Clarified existing project grant language to specifically include research training projects as well as research projects, and clarified the Surgeon General's authority to appoint advisory committees for reviewing applications for grants for research or research training projects. This measure also extends for 3 years the present program for construction facilities to be used in research in the sciences relating to health. The newly authorized Institute for Child Health and Human Development is to coordinate programs of the present disease category Institutes in the fields of child health and the various stages of human development and to stimulate new interest and effort in these research areas.
__________ Vaccination Assistance Act of 1962
H.R. 10541 Public Law 87868, approved October 23, 1962
Authorized a 3year program of special project grants to States and, with State approval, to local communities to pay part of the cost of intensive vaccination programs against four contagious diseases--polio, diphtheria, whooping cough, and tetanus. Grants totaling $36 million over the 3year period will be used to hire extra State and local health personnel and to buy vaccine for children under 5 years of age.
Health, 1963
Clean Air Act
H.R. 6518 Public Law 88206, approved December 17, 1963
Replaces the existing Air Pollution Control Act to provide a greatly expanded national effort to control air pollution through research, establishment of pollution and control agencies and legal action to halt existing causes of pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles. Encourages cooperative activities by State and local governments and authorizes Federal participation. Authorizes compilation and publication of criteria reflecting accurately the latest scientific knowledge indicating the type and extent of effects which may be expected from the presence of air pollutants. Authorizes grants to air pollution control agencies to develop, and specifies that grants to air pollution agencies cannot exceed 20 percent of total funds authorized. Authorizes grants up to twothirds of the cost of developing, establishing, and improving air pollution control programs to air pollution control agencies, and up to three-fourths of such costs to inter-municipal or interstate air pollution control agencies. Directs the Secretary of HEW to encourage continued efforts on the part of the automotive and fuel industries to prevent pollutants from being discharged from the exhaust of vehicles. Authorizes the establishment of a technical committee to evaluate progress in the development of automotive pollution control devices and fuels, and to develop and recommend research programs for this purpose. Authorizes $95 million for fiscal years 1964 through 1967 to carry out the purposes of the act. In signing this Act, President Johnson said:
I am glad to approved this legislation which is to be known as the Clean Air Act. It will make possible a national effort to control air pollution, a serious and growing threat to both our health and our safety. Ninety percent of the population of our cities, over 100 million people, already suffer from a degree of air pollution that demands immediate action. There are over 6,000 communities which need assistance. This act will permit expanded research, foster cooperative efforts among the States, provide better State and Federal control over pollution. The Federal Government will encourage industry to seek effective solutions to problems of pollution and organize cooperative projects with local, State, and Federal participation. Now, under this legislation, we can halt the trend toward greater contamination of our atmosphere. We can seek to control industrial waste discharged into the air. We can find the ways to eliminate dangerous haze and smog. All of us are very grateful to Congressman Roberts, to Senator Ribicoff, Senator Muskie, to the chairmen of the Senate and House committees, Senator McNamara and Congressman Harris, and to all of their colleagues in both the House and the Senate who developed and guided this important bill through the Congress. They truly can be proud of the efforts they made and the achievements that resulted. If we keep getting bills down here like the education and the pollution bill, I am going to have to take new bids on pens to see if we cannot increase the budget by getting cheaper pens.
__________ Health Benefit Plans
H.R. 1819 Public Law 8859, approved July 8, 1963
Amends the Federal Employees Health Benefits Act to pride additional choice of health plans for Government employees.
__________ Maternal-Child Health and Mental Retardation
H.R. 7544 Public Law 88156, approved October 24, 1963
Amends the Social Security Act to assist States and communities in preventing and combating mental retardation through expansion and improvement of maternal and child health and crippled children's programs, through provision of prenatal, maternity, and infant care for individuals with conditions associated with childbearing which may lead to mental retardation, and through planning for comprehensive action to combat mental retardation. Specifically the bill would Increase appropriation authorization for grants to the States for maternal and child health services to $30 million for fiscal 1964, $35 million for fiscal 1965, $40 million each for fiscal 1966 and 1967, $45 million each for fiscal 1968 and 1969, and $50 million for each succeeding fiscal year. (Under existing law the authorized appropriation was $25 million for each fiscal year.) Increase appropriation authorizations for grants to the States for crippled children's services to $30 million for fiscal 1964, $35 million for fiscal 1965, $40 million each for fiscal 1966 and 1967, $45 million each for fiscal 1968 and 1969, and $50 million for each succeeding fiscal year. (Under existing law the authorized appropriation was $25 million for each fiscal year.) Establish a 5year program of project grants to assist in reducing the incidence of mental retardation caused by complications associated with childbearing. Authorizes appropriations of $5 million for fiscal 1964, $15 million for fiscal 1965, and $30 million for fiscal 1966, 1967, and 1968 for grants to assist in meeting project costs. Authorizes the Secretary to make grants to a State health agency or to the health agency of any political subdivision of the State to pay up to 75 percent of the cost of projects for necessary health care to prospective mothers who qualify for such services. Authorize appropriations, up to $8 million a year, for grants to or jointly financed cooperative arrangements with public or other nonprofit institutions of higher learning, and public or other nonprofit agencies and organizations engaged in research or in programs in the field of maternal and child health or crippled children, and for contracts with nonprofit public or private agencies and organizations engaged in research or such programs for research projects relating to maternal and child health services and crippled children's services which show promise of substantial contribution. Authorize an appropriation of $2.2 million to assist States to plant for an take other steps leading to comprehensive State and community action to combat mental retardation. On signing H.R. 7544, President Kennedy stated:
It gives me great pleasure to approve this bill, the MillsRibicoff bill, which strengthens our maternal and child health and crippled children services. It will initiate a new program of comprehensive maternity and infant care, aimed directly at preventing mental retardation. It will help arouse local communities to a major attack on the problems of mental retardation. An estimated 15 to 20 million people in our country live in families where there is a mentally retarded person who must accept support of some kind throughout his entire life. This condition affects more of our children and more of our people than blindness, cerebral palsy, and rheumatic heart disease combined. Studies indicate that much of this suffering is preventable that we can prevent what cannot afterwards be cured. Infants born prematurely are 10 times more likely to be mentally retarded. Mothers who have not received adequate prenatal care are two to three times more likely to give birth to premature babies. Yet, in 132 large cities, studies have shown that an estimated 455,000 mothers are unable to pay for health care during pregnancy and after birth. This bill will help insure that no child need be born retarded for such reasons, which are wholly in our control. I am encouraged by the speed with which the State governments are acting to take advantage of the opportunity provided by this law to establish comprehensive plans for community action against mental retardation. About half of the States are already in a position to implement the planning grants made possible by the law, and I am confident that the other half will soon be in a similar position. Enactment of this legislation is, therefore, an important landmark in our drive to eliminate one of the major health hazards affecting mankind. We can say with some assurance that, although children may be the victims of fate, they will not be victims of our neglect.
__________ Medical Care for Fishing Boat Owners
S. 978 Passed Senate May 28; pending in House Interstate and Foreign Commerce Committee
Restores to self-employed U.S. fishermen eligibility for medical care in hospitals, outpatient clinics, and other medical facilities of the Public Health Service in the event of illness or injury incurred while engaged in their hazardous and essential occupation. Such eligibility existed from 1798 to 1954. An administrative ruling in 1954 differentiated between wage-earning fishermen and their coworkers who held ownership or part ownership in the craft from which they fished. Under this ruling medical benefits were retained for the former but denied to the self-employed, although both risk the same disabling misfortunes and perils at sea.
__________ Medical School Bill
H.R. 12 Public Law 88129, approved September 24, 1963
Authorizes a 3year (fiscal 196466) $175 million program of matching grants for construction of teaching facilities to train physicians, dentists, nurses, and professional public health personnel as well as pharmacists, optometrists, and podiatrists. In addition, the bill authorizes loans for students of medicine, dentistry, and osteopathy enrolled within a 3year period, which will extend into 6 years at a total estimated cost of $61.4 million. Specific provisions are:
Construction grants for facilities.Authorizes a total of $175 million for the 3year matching grant program to be allocated as follows: One hundred and five million dollars for the 3 fiscal years to construct new teaching facilities for physicians, osteopaths, pharmacists, optometrists, podiatrists, nurses, or professional public health personnel. Of this amount not more than $15 million will be available for fiscal 1964 and not more than $35 million for fiscal 1965. Thirty-five million dollars for the 3year period to construct new teaching facilities to train dentists; however, not more than $5 million will be available for fiscal 1964 and $20 million for fiscal 1965. Thirty-five million dollars for the 3year period for replacement or rehabilitation of existing medical and dental teaching facilities; however, fiscal 1964 is limited to $5 million and fiscal 1965 to $20 million. Authorizes transfer of funds among the above categories for fiscal 1964 subject to the overall ceilings for the 3year period. Requires that applications for construction grants be submitted to the Surgeon General before July 1, 1965. Specifies that an applicant must be a public or other nonprofit school which is accredited by a recognized body approved by the Commissioner of Education and that an applicant may be a hospital affiliated with a medical school or school of osteopathy. Limits assistance to hospitals to teaching facilities, an increased training capacity, or to prevent curtailment of enrollment or deterioration in the quality of instruction. Requires the Surgeon General to determine the facility will be used for not less than 10 years for the purposes for which constructed, that sufficient funds will be available to pay the non-federal share of the cost of construction and for operation after construction. Also requires the applicant to furnish reasonable assurance that for each of the first 10 years after expansion of an existing school enrollment will exceed the highest first-year enrollment at the school during any of the 5 years preceding the application by at least 5 percent or by five students, whichever is greater. Requires that grants for new medical and dental school facilities be made only to expand a school's training capacity and grants for replacement or rehabilitation to prevent a substantial curtailment of enrollment or quality of training. Requires the construction to meet minimum standards and that prevailing wages be paid laborers or mechanics employed on the job. Provides that a grant may not be approved for construction of a hospital, diagnostic or treatment center unless an application has been made under the Hill-Burton program and denied for lack of priority or lack of funds from the State's allotments under that program. Requires the Surgeon General to consider geographical distribution, population, and the availability of facilities and health personnel. Limits Federal grants to one-half of construction costs but allows payment up to twothirds for a project which would provide a major expansion of training capacity and up to three-quarters for public health facilities. Permits recapture of payments if within 10 years after completion the facility ceases to be used for teaching purposes or if the facility is used for sectarian instruction or as a place for religious worship. Establishes an 18member National Advisory Council on Education for Health Professions to advise the Surgeon General on policy matters and in the review of applications under this program. Prohibits any Federal direction, supervision, or control over, personnel, curriculum, methods of instruction, or administration of any institutions. Authorizes the Surgeon General to prescribe general regulations and to provide technical assistance and consulting services to State or interstate planning agencies. Student loans.Authorizes a 3year (fiscal 196466) loan program to students of medicine, dentistry, and osteopathy to be administered by individual schools required to put up 10 percent of the funds loaned. Loans repayable within 10 years beginning 3 years after graduation. Rate of interest will be 3 percent a year or the "going Federal rate" on the basis of market prices of long-term Federal obligations, whichever is higher. Limited loans to $2,000 per student a year. Authorized $30,700,000 for the loans: $5,100,000 for fiscal 1964; $10,200,000 for fiscal 1965, and $15,400,000 for fiscal 1966. Authorized appropriations for fiscal year ending June 30, 1967, and for the next 2 fiscal years in the amounts necessary to provide funds for loans to students who have received loans for any academic year ending before July 1, 1966, in order to permit these students to continue or complete their education. Estimated cost for the 6year period is $61.4 million. President Kennedy, in signing the bill, stated:
It gives me great satisfaction to approve the Health Professions Educational Assistance Act of 1963, the culmination of 14 years of effort by many devoted and dedicated citizens. The construction of urgently needed facilities for training physicians, dentists, nurses, and other professional health personnel can now begin. More talented but needy students will now be able to undertake the long and expensive training for careers in medicine, dentistry, and osteopathy. With the accelerated national effort initiated by this act, better use will be made of the wealth of new medical knowledge now being gathered in research laboratories throughout the land to maintain and improve the health of our growing population. We will be able to provide to those most frequently in need of medical care--the aged, the chronically ill, the mentally ill, and the mentally retarded--more of the kind of attention that modern medicine makes possible. The measures authorized by this Act cannot accomplish all the goals we have envisioned. But it is a good beginning, a firm foundation on which to build in the future. The legislative history of the Act makes it clear that the intent was to inaugurate a program of action which can be reevaluated after a suitable period of time. This will enable the Congress to consider further measures after some experience with the program has accumulated. I would like to sign this act because it is one of the most significant health measures passed by the Congress in recent years.
__________ Medical Student Loans
S. 2220 Passed Senate December 9; pending in House Interstate and Foreign Commerce Committee
Amends the Public Health Service Act to permit cancellation of up to 10 percent of student loans to physicians and dentists if they practice in a shortage area so designated by the appropriate State health authority for periods up to 5 years. In addition to the maximum 10 percent figure, accrued interest may also be canceled.
__________ Mental Health Program
S. 1576 Public Law 88164, approved October 31, 1963
Authorized a 4year, $329 million mental health program of grants to States and private and public institutions for construction of centers connected with universities and affiliated hospitals for research into the causes of mental retardation and facilities for treatment of such cases; for construction of community centers for care and treatment of mental patients; and for training of teachers of mentally retarded, mentally ill, and handicapped children. Major provisions are:
Construction of Research Centers and Facilities for the Mentally Retarded
Authorizes $26 million over the 4year period beginning July 1, 1963, for project grants to pay for a maximum of 75 percent of the costs of constructing research centers that would develop new knowledge for preventing and combating mental retardation. Authorized $32.5 million over the 4year period beginning July 1, 1963, for project grants to pay for a maximum of 75 percent of the costs of constructing college or university associated facilities for the mentally retarded. Authorizes $67.5 million over the 4year period beginning July 1, 1964, for formula grants to be allocated among the States to pay 45 to 75 percent of the costs of constructing public and other nonprofit facilities for the care of the mentally retarded.
Construction of Mental Health Centers
Authorizes $150 million during the 3year period beginning July 1, 1964, for formula grants to be allocated among the States to pay 33 1/3 to 66 2/3 percent of the costs of constructing public and other nonprofit community mental health centers.
Training of Teachers of Mentally Retarded and Other Handicapped Children
Authorizes $47 million over the 3 years beginning July 1, 1963, to extend and strengthen the existing programs for training teachers of mentally retarded children and deaf children and to expand these programs to include the training of teachers of other handicapped children such as the visually handicapped, the speech impaired, and the emotionally disturbed. This expanded program will be pointed toward providing more classroom teachers for all handicapped children. Authorizes $6 million over the 3 years beginning July 1, 1963, to finance grants for research or demonstration projects relating to the education of the handicapped. On signing the bill into law, President Kennedy stated:
I am delighted to approve this bill. It will make possible the major attack on the problems of mental retardation and mental health. Last week I approved the bill to extend the programs of maternal and child health to enable us to overcome a major cause of retardation, lack of adequate care before birth and during infancy. This bill will expand our knowledge, provide research facilities to determine the cause of retardation, establish university related diagnostic treatment clinics and permit the construction of community centers for the care of the retarded. For the first time, parents and children will have available comprehensive facilities to diagnose and either cure or treat mental retardation. For the first time there will be research centers capable of putting together teams of experts working in many different fields. For the first time, State and Federal Governments and voluntary organizations will be able to coordinate their manpower and facilities in a single effort to cure and treat this condition. Today, we cannot even identify the cause of retardation in 75 percent of the cases. Under this legislation, research in the life sciences will be encouraged and, in a few years, we can look confidently forward to knowing enough about mental retardation to prevent it in most cases. I am informed that the National Institute of Child Health and Human Development has already taken preliminary steps to implement the program. Dr. Aldrich, Director of the Institute, will shortly call together some 50 distinguished scientists from the United States and other nations to plant the direction which research relating to premature birth should take. Premature birth has been identified as a factor closely connected with many cases of mental retardation, but no one yet knows what factors induce labor. With the help of the best minds of the world, and under the authority of this legislation, we are optimistic about the possibility of finding out the causes of premature birth. Other parts of the bill are equally significant. Under this legislation, custodial mental institutions will be replaced by therapeutic centers. It should be possible, within a decade or two, to reduce the number of patients in mental institutions by 50 percent or more. The new law provides the tools with which we can accomplish this. But no law providing facilities can be effective so long as there is a persistent and nationwide shortage of qualified personnel to instruct the handicapped. Title III of the bill helps cure that deficiency. There are today about 5 million handicapped children in need of special education. Two hundred thousand teachers are needed, but there are only about 60,000 available. Under this legislation, steps will be taken to educate more teachers for the handicapped. I am glad to announce at this time that we are establishing a new division in the U.S. Office of Education to administer the teaching and research program under the act. This will be called the Division of Handicapped Children and Youth, and will be headed by Dr. Samuel Kirk, who is now professor of education and psychology and director of the Institute of Research on Exceptional Children at the University of Illinois. He will bring the kind of leadership, experience, and wisdom we need to meet the challenges the many problems present. The Nation owes a debt of gratitude to all who have made this legislation possible. It was said, in an earlier age, that the mind of a man is a far country which can neither be approached nor explored. But, today, under present conditions of scientific achievement, it will be possible for a nation as rich in human and material resources as ours to make the remote reaches of the mind accessible. The mentally ill and the mentally retarded need no longer be alien to our affections or beyond the help of our communities.
__________ Physically Handicapped--Employment
Senate Joint Resolution 103 Passed Senate November 20; pending in House Education and Labor Committee
Increases the authorization for appropriations for the President's Committee on Employment of the Handicapped from $300,000 a year to $400,000 in order to finance the expanding work of the Committee in behalf of job opportunities for the mentally restored, the mentally retarded, and the increasing numbers of physically handicapped being rehabilitated for employment.
__________ Water Pollution Control
S. 649 Passed Senate October 16; pending in House Public Works Committee
Passage of bill vesting authority to establish purity standards for interstate water and authorizing $80 million in new grants to help States and localities develop new methods of separating combined stormwater and sewage-carrying sewer systems. Specifically the bill Establishes a Federal Water Pollution Control Administration within the Department of Health, Education, and Welfare and provides for an Assistant Secretary to supervise and direct the administration of the program. Expresses as the act's purpose to enhance the quality and value of our water resources and to establish a national policy to prevent, control, and abate water pollution. Authorizes research and development grants in the amount of 50 percent of the estimated reasonable cost of projects which will demonstrate new or improved methods of controlling discharge of untreated or inadequately treated sewage or other wastes from sewers into any waters. Increases appropriations from $100 to $120 million for fiscal year 1964 and for each of the next 3 succeeding fiscal years and earmarked to new funds for demonstration grants. Limits a grant for any single project to 5 percent of the total amount authorized for any 1 fiscal year. Increases the dollar ceiling limitations on individual grants for construction of waste treatment works from $600,000 to $1 million for a single project and from $2,400,000 to $4 million for a joint project involving two or more communities. Authorizes an additional 10 percent in the amount of a grant for construction of waste treatment works for a project certified as conforming with a comprehensive plan developed or in process of development for a metropolitan area. Authorizes application of enforcement measures to abate pollution when a person is prevented from marketing shellfish or shellfish products in interstate commerce as a result of such pollution and action of Federal, State, or local authorities. Authorizes the Secretary to prepare and to encourage development of regulations establishing standards of water quality to be applicable to interstate waters. Provides that discharges of matter into waters of the United States from Federal installations will be controlled under permits administered by the Secretary. Establishes a procedure to evaluate progress in developing decomposable detergents so they will not cause or contribute to pollution of surface or underground waters; to develop standards of decomposability for such detergents; and to authorize promulgation of standards at such time as detergents conforming to the proposed standards of decomposability are generally available to the manufacturers of detergents. Provides for accountability of financial assistance furnished under the act.
HOUSING
Housing, 1961
FHA Mortgage Insurance Increase
Senate Joint Resolution 89 Public Law 8738, approved May 25, 1961
This measure amends section 217 of the National Housing Act to increase by $1 billion the mortgage insurance authorization of the Federal Housing Administration. Section 217 contains the mortgage insurance authorization for all FHA programs, except title I home repair and improvement program and title VIII military housing program. At the present rate of use it is estimated by the Federal Housing Commissioner that available authorization for FHA mortgage insurance will be exhausted before the end of May 1961. At the same rate of use, $1 billion in additional authorization will be sufficient to enable new FHA mortgage activity to continue until about July 15, 1961, or until a general housing bill has been enacted.
__________ Housing Act of 1961
S. 1922 Public Law 8770, approved June 30, 1961
Major provisions of the omnibus housing measure authorizing $4.9 billion in new funds are:
Title I New Housing Programs
Authorizes a 35year, low interest rate mortgage loan program for moderate income families in sales housing with a down payment of 3 percent of the first $13,500, plus 10 percent of $13,500 up to a maximum mortgage of $15,000; also provides for a 40year maximum mortgage and permits discretionary inclusion of settlement costs in the down payment requirement for hardship cases; for existing construction a 30year maximum maturity applies. Made no change in the 40year term now in existing law for displaced families. The low interest rate mortgage loan program for moderate income families limited to 2 years; no time limit in the case of displaced families. Market-rate program for rental housing.Bases loan ratio upon 90 percent of replacement cost of new construction. Term of the mortgage can be prescribed by the Commissioner at 5 percent but grants him discretionary authority to increase maximum to 6 percent if he finds it necessary to meet the mortgage market; program terminates July 1, 1963, for moderate income families, with no termination date for displaced families. Below market-rate program for rental housing.Authorizes FHA to insure mortgages at below market rate with a partial or no insurance premium and liberalized features for payment of insurance claims. Program limited to nonprofit organizations, limited-dividend corporations, cooperatives, and public bodies or agencies which certify they are not receiving financial assistance from the United States exclusively for public housing. Maximum loan ratio is 100 percent of the Commissioner's estimate of replacement cost, except in case of rehabilitation it is the sum of the repair cost and the Commissioner's estimate of value before rehabilitation. Program for moderate income families terminates July 1, 1965, but continues after that date for displaced families. Home improvement and rehabilitation loans.Loans may not exceed 20 years, or three-fourths of the economic life of the property, whichever is less; rate of interest cannot exceed 6 percent; loans on structures less than 10 years old must involve major structural changes or correct defects not known at the time of completion of the structure; applies to urban renewal areas as well as other areas; authorizes FNMA to purchase these loans.
Title II Housing for Elderly and Low-Income Families
For elderly.Broadens eligibility to include public bodies, agencies, and consumer cooperatives; permits 100percent loans; increases the elderly housing direct loan authorization from $50 to $125 million and eliminates the specific dollar limitation on the portion which can be used for related facilities. Public housing.Removes requirement that disabled persons be at least 50 years of age. Permits payment of an additional annual Federal contribution of up to $120 a year for each elderly family provided it is required to avoid a deficit in low-rent projects; authorizes approximately 100,000 units which is the remainder contained in the Housing Act of 1949. Demonstration programs.Authorizes $5 million in grants to public or private bodies or agencies to develop and demonstrate new or improved means of providing housing for low-income persons and families.
Title III Urban Renewal and Planning
Urban renewal.Increases the grant authorization by $2 billion (to $4 billion); permits a locality of 50,000 or less (150,000 or less in case of a community located in a depressed area) to obtain a three-fourths Federal grant on the same basis as the regular twothirds, a i.e., without having to assume the cost of planning, etc.; authorizes the Administrator to use up to $25 million for mass transportation demonstration projects; authorizes SBA to make loans under the disaster loan program to a small business which has suffered substantial economic injury as a result of its displacement by federally aided urban renewal or highway construction program or any other construction program if Federal funds are used; increases from $125 million to $150 million the authorization for disaster loans to provide funds for displaced businesses; increases from 20 percent to 30 percent the amount of grant authorization which may be used for nonresidential purposes. Urban planning assistance.Increases authorization from $20 million to $75 million; changes the amount of grant from one-half to twothirds of the estimated cost of the work; extends planning to include transportation facilities.
Title IV College Housing
Increases the loan authorization by $1.2 billion through fiscal 1964.
Title V Community Facilities
Public facility and mass transportation loans.Increases the loan authorization by $500 million and provides that $50 million of the amount be made available for mass transportation loans. Planning advances.Increases by $10 million the amounts which may be appropriated to the revolving fund for planning advances.
Title VI Amendments to National Housing Act FNMA
Increases special assistance authorization by $1.5 billion, including transfers. FHA insurance programs.Extends the home repair and improvement program for 4 years until October 1, 1965; removes dollar ceilings on FHA's insurance authorization and provides that loans and mortgages may be insured until October 1, 1965, except for certain programs that have different termination dates; increases nursing home mortgages from 75 percent to 90 percent of value.
Title VII Open-Space Land
Authorizes $50 million in grants to help finance the acquisition of title to, or other permanent interests in, open-space land; limits grants in most cases to 20 percent of total acquisition cost, except in cases of public bodies where it can be increased to 30 percent.
Title IX Miscellaneous
Voluntary home mortgage credit program.Extends this program to October 1, 1965. Hospital construction.Extends to June 30, 1962, the authority granted for loans and grants to public and nonprofit agencies for hospital construction under the Defense Housing and Community Facilities and Services Act of 1951, where applications were filed before June 30, 1953, and denied solely because of lack of funds; authorizes $7,500,000 for each of the additional years.
__________ Veterans' Home Loans
H.R. 5723 Public Law 8784, approved July 6, 1961
Extended direct and guaranteed home loan programs for World War II veterans to July 26, 1967, and for Korean conflict veterans to February 1, 1975; authorized an additional $1.2 billion for direct loan program through fiscal 1967.
Housing, 1962
Insured Mortgages--Extend Authority
S. 2876 Public Law 87623, approved August 31, 1962
Amends the National Housing Act to extend to October 1, 1963, the authority of the Commissioner of FHA to insure mortgages for housing for essential civilian employees of the armed services, National Aeronautics and Space Administration, the Atomic Energy Commission, and housing in defense impacted areas. Present authority expires October 1, 1962.
__________ Savings Association Loans on Apartment Houses
H.R. 13044 Public Law 87779, approved October 9, 1962
Authorized federally insured savings and loan associations to invest more of their assets in apartment buildings. Existing law requires these associations to include apartment loans with certain other loans in a group which cannot exceed 20 percent of their assets. This act allowed the Federal Home Loan Bank Board to authorize them to invest up to 15 percent of their assets in apartment loans.
__________ Savings Association Loans on Apartment Houses
H.R. 12628 Public Law 87723, approved September 28, 1962
Raised the ceiling on the Government's low-interest rental housing loans to private nonprofit corporations, consumer cooperatives, and certain public agencies, and initiates loans and loan insurance for housing in rural areas. The loan ceiling is raised to $225 million from $125 million. The new program for rural areas authorizes $50 million for loans to private nonprofit corporations, consumer cooperatives, and public agencies to build rental housing for the elderly and related facilities such as dining halls and infirmaries. Regulations will be essentially the same as for the existing program of housing for the elderly, with interest rates averaging about 3 1/2 percent and maturities ranging up to 50 years. The new plan which will be administered by the Farmers' Home Administration includes a $50 million loan fund to help elderly persons purchase an existing home or housing site. The act also authorized Government insurance of private loans up to $100,000 each for constructing rental housing and related facilities, and increases to $1,000 from $500 the limit on Government grants to rural homeowners for house repairs necessary for health and safety.
Housing, 1963
Dependents' Housing
S. 384 Passed Senate May 28; pending in House Veterans' Affairs Committee
Increases from $80 to $135 maximum monthly rental of servicemen's dwelling which are subject to the protective provisions of the Soldiers' and Sailors' Civil Relief Act and prohibits eviction of dependents of military personnel where monthly rental does not exceed $135.
__________ Essential Housing Mortgages
S. 1952 Public Law 88127, approved September 23, 1963
Extends section 809 of the National Housing Act sales housing for essential civilian employees of the armed services, NASA, and AEC for 2 years from October 1, 1963, to October 1, 1965. Broadens section 809 to cover housing for essential civilian employees of NASA and AEC at any NASA or AEC research and development installation. Extends section 810 of the National Housing Act, primarily rental housing, single-family, and multifamily for military personnel and essential civilian employees of the armed services for 2 years from October 1, 1963, to October 1, 1965. Broadens section 810 to cover housing for essential employees of NASA and AEC. Establishment of the section 809 program was necessary because in some instances homes built for essential civilian employees of the armed services, NASA, and AEC in communities near or adjacent to research or development installations of these agencies were considered to be above and beyond those needed for those normal economic growth of the communities. In the opinion of FHA, homes built in excess of the normal growth of the communities do not meet the test of economic soundness required by the statute as a prerequisite of FHA mortgage insurance. Section 809 permits the economic soundness test to be waived in such cases in order that essential civilian employees of these agencies may obtain decent and adequate sales housing. Similarly, section 810 was established in order to provide decent and adequate sales and rental housing for personnel and civilian employees of the armed services near or adjacent to any military installation where adequate housing did not exist and where the FHA believes that the economic soundness prerequisite of the regular programs could not be met.
__________ Housing for the Elderly
House Joint Resolution 724 Public Law 88158, approved October 24, 1963
Authorizes an additional $50 million for loans to nonprofit corporations and consumer cooperatives to provide housing for the elderly. Under existing law, $225 million is authorized for the program, of which $150 million has been appropriated and committed. Budget requests for fiscal 1964 included $125 million for this program. The $50 million authorized by this resolution supplements the remaining $75 million authorized under existing law to meet this request. Section 202 of the 1959 Housing Act authorized this new program of direct loans to provide housing for elderly people designed to meet their special needs at rents which they can afford. The interest rate on these loans, currently 3 5/8 percent, is set by a formula which reflects the cost of money to the Government and the term may be as long as 50 years. Eligible sponsors are limited to nonprofit corporations, consumer cooperatives, and certain public bodies. Financing provided by this program makes it possible to provide housing which rents for approximately $20 a month less per dwelling unit than projects financed through regular private sources.
__________ Mortgage Insurance Authority
House Joint Resolution 467 Public Law 8854, approved June 29, 1963
Extended for 1 year, to June 30, 1964, FHA's general authority to insure mortgages covering one to four-family dwellings and mortgages covering multifamily housing which are executed by private profit-making mortgagors. Originally this liberal mortgage insurance for sales and rental housing was limited to families displaced by urban renewal or other Government activity, and was made available for low and moderate income families generally by the Housing Act of 1961.
INDIANS
Indians, 1961
Claims Commission
S. 751 Public Law 8748, approved June 16, 1961
This measure extends the life of the Indian Claims Commission to April 10, 1967, an additional 5 years, or at such earlier time as the Commission shall have its final report to the Congress. The Commission was established in 1946 to provide for a final disposition of all claims of Indian tribes against the United States that existed on the date of the act, August 13, 1946. This extension is required in order that claims which the Indians have filed may be properly heard and decided; otherwise, the Indians will again resort to petitioning Congress for special jurisdictional acts to have their claims adjudicated. There are 468 dockets now pending and active, some of which have been partly adjudicated and others in early stages of processing. This act also provides for hearing examiners to assist the Commission in expediting its work. By assigning additional attorneys in the Justice Department to these claims cases, and attempting to reach settlements in cases which liability has been determined, a great many dockets can be disposed of.
Employment
S. 200Public Law 87273, approved September 22, 1961
This measure amends a 1956 act by increasing to $7,500,000 the annual authorization to carry out a vocational training program for American Indians residing on or near Indian reservations. Although the Indian vocational training program has been in operation less than 5 years, it has become a most effective tool for equipping American Indians between the ages of 18 and 35 with salable work skills. These courses extend from 4 months to 2 years. In fiscal 1961 there were 1,700 students enrolled in various vocational programs throughout the United States. As of May 1, 1960, 743 Indians had completed training.
__________ Revolving Loan Fund
S. 1540 Public Law 87250, approved September 15, 1961
Provides for an increase from $10 million to $20 million for the Indian revolving fund so that adequate funds will be available from which worthwhile projects may be financed.
Indians, 1962
Menominees of Wisconsin New Self-Government
H.R. 4130 Public Law 87432, approved April 4, 1962
Federal control over the Menominee Indians of Wisconsin ended on April 30 of 1961 and since that time the tribe has been adjusting to an independent self-government status. Many members of the tribe were concerned about their ability to meet such community problems as health, welfare, school, and other local services. However, since obtaining independence, the members of the tribe established a new county, Menominee County. Primarily all of their income comes from their forest and timber operations and since the community financing is so largely dependent upon this one enterprise, Federal assistance is essential in the transitional period. Thus this act provides $438,000 for continuing construction of a sanitation system that had been started before termination of Federal control. It authorizes $660,000 in school aid over a 5year period the amount for the first year is $220,000 which declines by 20 percent a year.
__________ Ponca Tribe of Native Americans
S. 3174 Public Law 87629, approved September 5, 1962
Provided for the division of the tribal assets of the Ponca Tribe of Native Americans of Nebraska among the members and to terminate Federal supervision and control over the tribe after a final roll of the tribe has been completed and the majority has indicated their desire for a division. All tribal property, valued at about $105,000, will be disposed of within 3 years, after the above events have taken place. Sets aside land for church, park, playground, or cemetery purposes, and each member of the tribe will be entitled to 5 acres of tribal land for homesite purposes at current market value. The remainder of the tribal land will be sold on the basis of competitive bids, subject to the right of any member to meet a high bid. The proceeds of all sales will be divided equally among the members, subject to setoffs for debts owed to the tribe or to the United States.
Indians, 1963
Adult Indian Vocational Training
S. 1868 Public Law 88230, approved December 23, 1963
Increases from $7,500,000 to $12 million a year the amount to be appropriated for the Indian vocational training program. This will permit requests for appropriations consistent with the present basic needs of the program.
__________ Colorado River Indian Reservation
S. 2111 Passed Senate October 22; pending in House Interior and Insular Affairs Committee
This bill fixes the beneficial ownership of the Colorado River Reservation as the property of the Colorado River Indian Tribes of the reservation.
__________ Expert Assistance for Indian Tribes
H.R. 3306 Public Law 88168, approved November 4, 1963
Establishes a $900,000 revolving loan fund for the Secretary of Interior to make loans to Indian tribes for services of expert researchers and witnesses in prosecuting their cases before the Indian Claims Commission. The loans will be interest bearing and repayable from the proceeds of the recovery. If there is no recovery the Secretary will decide whether the tribe is or is not to be relieved from its obligation to the Government. Under the Indian Claims Commission Act of 1946, Indian tribes were granted 5 years to file claims against the United States. Eight hundred and fifty-two such claims have been filed, mostly seeking compensation for land takings. Four hundred and fifty of these claims are still pending before the Commission, many of which involve tribes that have insufficient means to finance the preparation of their cases. As a result, trials in a number of cases have been postponed; in other cases witnesses have been retained under contingent fee contracts which the Commission has held to be contrary to public policy.
__________ Indian Heirship
S. 1049 Passed Senate October 11; pending in House Interior and Insular Affairs Committee
The primary purpose of this bill is to provide the Secretary of Interior with authority to reduce the rapidly increasing number of Indian allotments in multiple ownership by Partition or sale or lands in heirship status, on application of the required number of Indian owners, where the partition or sale would be in the best interest of the Indian owners and not detrimental to the Indian tribe. Providing for judicial partition or sale where non-Indian interests require. Authorizing the Secretary to represent owners who are minors, non compos mentis, or could not be located. Establishing procedure for selling heirship lands that will afford the owners full opportunity to obtain fair market value for their property and give the Indian owners and tribes preference rights to purchase the lands. Increasing the Indian revolving credit loan fund from $20 million to $55 million so that individual Indians and tribes could borrow funds to purchase heirship tracts. Providing for tribal land consolidation programs to permit maximum economic utilization of the land resource by Indians.
__________ Indian Long-term Leasing Act
S. 48 Passed Senate August 28; pending in House Interior and Insular Affairs Committee
Increases from 50 to 55 years the maximum term of individual and tribal lands for public, religious , educational, recreational, residential, and business purposes under the Indian Leasing Act of 1955.
__________ Kootenai Tribe
S. 2139 Public Law 88231, approved December 23, 1963
This bill provides for an award of approximately $380,000 to the Kootenai Tribe by the Indian Claims Commission. The case before the Indian Claims Commission involved a claim based on the value of lands in Idaho and Montana taken by the United States under the treaty of July 16, 1855, without the consent of the Bonners Ferry Kootenai Band. The Commission found that the Bonners Ferry Kootenai were entitled to the value of approximately 1,160,000 acres of land in northwest Idaho and northwest Montana. The tribe has indicated it favors employment of the judgment fund for socioeconomic improvement of tribal members through a family plan program.
INTERNATIONAL
International, 1961
Cooperation Agreement with France
House Joint Resolution 569 Public Law 87363, approved October 4, 1961
Ratification of this agreement permits the United States and France to exchange classified information to permit French military forces to be trained in the employment of and defense against atomic weapons. In addition the agreement provides for the transfer of non-nuclear parts of atomic weapons systems (but not parts of atomic weapons) to improve the state of training and operational readiness of French military forces assigned to NATO.
__________ Educational and Cultural Exchange
H.R. 8666 Public Law 87256, approved September 21, 1961
This measure is designed to improve the quality and effectiveness of the international educational and cultural exchange programs administered and sponsored by the U.S. Government by consolidating into one act the following programs: The Fulbright Act of the 79th Congress, Public Law 584; the Smith-Mundt Act of the 80th Congress, Public Law 402; the Finnish Debt Payments Act of the 81st Congress, Public Law 265; the Mutual Security Act of 1954 as amended; the Agricultural Trade Development and Assistance Act of 1954 of the 83d Congress, Public Law 480; and the International Cultural Exchange and Trade Fair Participation Act of 1956 of the 84th Congress, Public Law 860. The overall aim in effecting the consolidation is to promote the educational and cultural affairs to a more important position in the foreign relations of the United States. Principal provisions of the consolidation:
Continues the President's authority to appoint a Board of Foreign Scholarships to select students and educational institutions for the program, and increases the membership from 10 to 12. Permits U.S. participation in exchange programs sponsored through the U.N. or other international organizations. Authorized use of exchange program funds for living expenses as well as transportation expenses of foreign students coming to the United States. Authorized use of U.S.owned foreign currencies for the exchange of United States and foreign students and teachers under a program administered by State Department. Authorized use of funds to assist U.S. educational institutions in foreign countries. Authorized the educational and cultural exchange programs for leaders and specialists as well as teachers. Authorized the State Department to administer the programs involving exchange of persons and cultural presentations. Authorized USIA to administer exchange of books and educational materials, and Commerce Department to administer the trade fair provisions. Authorized U.S. representation at cultural events in the United States as well as abroad. Broadened the definition of cultural events to include meetings and assemblies as well as artistic, dramatic, musical, and sports. Revised the Immigration and Nationality Act and established a new nonimmigrant alien class for which visas as exchange visitors would be issued to teachers, trainees, leaders, and specialists. Authorized program participants and dependents to accept employed. Permitted one security investigation to be sufficient to cover any Government personnel who might change their functions within a department. Permitted fellowships from foreign governments and international organizations to be taxed at the same rate as U.S. grants. Applied the same tax rules and rates to income of exchange visitors as are applied to U.S. citizens. Directed the President to submit annual reports to the Congress, derailing activities and expenditures made under this act.
__________ Emergency Repatriation Assistance Act of 1961
H.R. 6027 Public Law 8764, approved June 30, 1961
The Emergency Repatriation Assistance Act of 1961 authorizes the Secretary of HEW, after consulting with the Secretaries of State and Defense, to develop plans and make arrangements for providing temporary assistance to U.S. citizens and dependents of U.S. citizens, identified by the Department of State as having returned or brought here because of destitution or illness, or because of war, threat of war, invasion, or similar crisis. This 1year assistance, however, will be provided only if the citizen or dependent involved was without available resources. The aid can consist of money payments, medical care, temporary billeting, transportation, or other goods or services needed for the health or welfare of the individual. It can also include guidance, counseling, and other welfare services.
__________ Foreign Aid Authorization Act of 1961
S. 1983 Public Law 87195, approved September 4, 1961
This measure authorizes $4,253,500,000 for foreign economic and military assistance in 1962 and $1.5 billion in each of the following years, 196366 for the Development Loan Fund. The major provisions are: Statement of policy.Stated its purpose is to strengthen friendly foreign countries by encouraging the development of their free economic institutions, productive capabilities, and by eliminating barriers to the flow of private investment capital. In addition, declared that it is the policy of the United States to support the principles of increased economic cooperation and trade among countries, freedom of the press, information, religion, freedom of navigation in international waterways, and recognition of the right of all private persons to travel and pursue their lawful activities without discrimination as to race or religion. Development Loan Fund.Authorized a 5year program of long-term loans to friendly countries and areas with emphasis upon assisting long-range plans and programs designed to develop economic resources and increase productive capabilities. The loans are to be repayable in U.S. dollars and made only upon a finding of reasonable prospects for repayment. Provided that loans may not be re-loaned within the recipient country at rates of interest excessive or unreasonable for the borrower and in no event higher than the applicable legal rate of interest of the country in which the loan is made. Authorized $1.2 billion for fiscal year 1962 and $1.5 billion for each of the following years, 196366, but required annual appropriations. Authorized the President, when he determines it is important to the advancement of our interest and the development program, to enter into agreements committing loan funds in advance of but subject to the appropriation of such funds. Requires the President to notify the Foreign Relations and Appropriations Committees of the Senate and the House of the provisions of such agreements, including the amounts of funds involved. Authorized the President to establish an Interagency Development Loan Committee, consisting of officers from Government agencies and confirmed by the Senate, to establish standards and criteria for lending. Authorized the President to lend up to 10 percent of the Development Loan Funds to the International Development Association. Development grants.Authorized $380 million in development grants plus unobligated balances (estimated at $15 million). Development grants will be used to raise educational, technical, managerial, and professional levels of certain societies. Authorized assistance to schools, libraries, and hospitals outside the United States that have been founded or sponsored by American citizens. Authorized up to $2 million to promote the peaceful uses of atomic energy outside the United States. Development grant activities will be financed jointly by the United States and the host government with the latter paying a fair share of the cost of the programs. Authorized assistance through loans of foreign currencies to small farmers, up to an aggregate of $10 million at any one time. Prohibits grants which would have a substantially adverse effect upon the U.S. economy or a segment thereof. Investment guarantees.Continues and broadens the President's authority to make guarantees of certain investments up to a face amount of $1 billion, and expands the role of private enterprise in furthering the economic growth of less developed countries and areas. Authorized the President to guarantee up to 75 percent of an investment up to $10 million, against risks as determined by him; however, these investments must be for projects emphasizing economic development, social progress, and promote small independent business enterprises. Authorized guarantees up to 75 percent of an investment in pilot housing projects in Latin America up to a total of $10 million. These guarantees would cover investments made by U.S. citizens or business entities which are both U.S.chartered and substantially U.S.owned in pilot or demonstration private housing projects in Latin America. Requires a fee for each guarantee in an amount to be determined by the President. Surveys of investment opportunities.Authorized $5 million to finance up to 50 percent of the cost of investment surveys and studies in less developed areas approved by the President. Excludes surveys regarding sources of oil, gas, and ores, along with studies aimed at determining the feasibility of mining and other extraction operations. To be eligible to receive such funds, the term "person" as applied to this section means a citizen of the United States or any corporation, partnership, or other association substantially beneficially owned by U.S. citizens. Development research.Establishes a new program designed to contribute the results of systematic investigation to the improvement and the direction of economic aid programs. International organizations and programs.Authorizes $153.5 million for the support of international organizations and programs; funds to remain available until expended. Limited contributions to the U.S. expanded program of technical assistance and the U.S. Special Fund (after calendar year 1961) to 40 percent of the total amount contributed, including assessed and audited local costs, for each year. Directed the President, in his determination as to whether aid should be continued to the Palestine refugees in the Near East, to consider whether Israel and the Arab host governments are taking steps toward the resettlement and repatriation of these refugees and the extent and success of efforts by the U.N. Relief and Works Agency and the Arab host governments to rectify the Palestine refugee relief rolls. Reaffirmed U.S. policy to participate in the Indus Basin development. Supporting assistance.Authorizes $465 million for supporting assistance to be used beginning in fiscal year 1962, plus unobligated balances currently estimated at $50 million, and to remain available until expended. Supporting assistance joins together in a single category those programs which have been labeled "defense support" and "special assistance" programs. Contingency fund.Authorized up to $300 million for a contingency fund to be used by the President for economic purposes that he determines to be important to the national interest. Agrarian economies.Directed the President to place emphasis upon programs reaching the people who are engaged in agriculture. Military assistance.Authorized a 2year program at the level of $1.7 billion for each of the fiscal years. Military assistance may be furnished on such terms and conditions as the President may determine, and to any country, subject to conditions of eligibility, or international organizations, the support of which the President finds to be in the national interest. Limited defense articles for any one country in any one year to $3 million unless the President determines, among other requirements, that the increased ability of such country to defend itself is important to the security of the United States. Authorizes the President to use up to $300 million in Defense Department supplies for military aid if he determines it to be vital to the security of the United States. Limited to $57.5 million the amount of military equipment aid for Latin American nations.
General Provisions
Aid barred.Bars aid under this act to the present Government of Cuba; to the government of any country unless the President determines that the country is not dominated or controlled by the international Communist movement; to any country indebted to a U.S. citizen who has exhausted available legal remedies. Small business.Established an Office of Small Business to assist America small business in foreign aid program. Established a $5 million revolving fund to acquire usable U.S. machinery to sell to small foreign businesses and set a ceiling of $45 million on the original sale value of surplus property transferred to the Agency for International Development. Recipient countries.Encouraged development and use in recipient countries of cooperatives, credit unions, and savings and loan associations.
President Kennedy's Statement of August 29, 1961
"The compromise which the Senate-House conferees have worked out is wholly satisfactory. It gives the U.S. government authority to make commitments for long-term development programs with reasonable assurance that these commitments will be met. In providing 5 years of substantial authorization, the conferees have recognized the magnitude of the need in the developing countries. In insuring specific authority to enter into commitments with these countries, the conferees have recognized the necessity for this Government to give assurance that assistance will be forthcoming over a period of years. The agreement reached by the conferees today is an important decision both for the United States and the free world."
Latin American Aid
H.R. 6518 Public Law 8741, approved May 27, 1961
This measure appropriates $500 million for the inter-American social and economic cooperation program and $100 million for Chilean reconstruction. The authorizing legislation was passed in 1960 to enable the U.S. representatives in Bogota, Columbia, to give substance to a new program of development for Latin America. The objective of this development program is to implement the Act of Bogota, signed by 19 American nations in September 1960. In helping to carry out the Act of Bogota, the funds involved in this appropriation will be aimed directly at the Latin American people through advances in fields which directly affect their lives. President Kennedy, in requesting this appropriation, stated * * * it will be devoted to social progress. Social progress is not a substitute for economic development. It is an effort to create a social framework within which all the people of a nation can share in the benefits of prosperity and participate in the process of growth. Economic growth without social progress lets the great majority of the people remain in poverty while a privileged few reap the benefits of rising abundance * * *. Thus, the purpose of our special effort for social progress is to overcome the barriers of geographical and social isolation, illiteracy and lack of educational opportunities, archaic tax and land tenure structures and other institutional obstacles to broad participation in economic growth. The fields included in this social progress are (a) Land settlement and improved land use;
(b) Housing for low-income groups through assistance to self-help housing and to institutions providing long-term housing finance; (c) Community water supply and sanitation facilities
(d) Supplementary financing of facilities for advanced education and training related to economic and social development as may be agreed upon from time to time between the United States and the Inter-American Development Bank. The IDB will also provide technical assistance related to the above fields. Technical assistance may be on a grant, loan, or reimbursable basis. The International Cooperation Administration will also participate in the program and its primary responsibility will be for education and training programs, public health, projects for social improvement for the federation of the West Indies and other territories within the Western Hemisphere, and applied research and surveys in fields related to social progress. Most ICA assistance will be on a grant basis. Six million dollars is to be used to help the Organization of American States in connection with the social development program. The $100 million will be loaned to the Government of Chile to assist in financing specific reconstruction projects and activities made necessary by the series of severe earthquakes in southern Chile. Total damage as a result of the quakes was $372 million. As finally enacted, the measure prohibits loans or reloans at interest rates considered to be excessive by the Inter-American Development Bank or higher than the legal rate of interest of the country in which the loan is made.
__________ Peace Corps
H.R. 7500 Public Law 87293, approved September 2, 1961
This measure carries out President Kennedy's recommendation to establish a Peace Corps of American volunteers to carry America's skills and talents and idealism abroad to help other peoples help themselves. The Peace Corps is designed to provide the framework through which America's idealism, her humanitarianism, and her generosity can find a personal expression in the task of helping to build with our own hands a better world for all mankind. The major provisions are: Purpose.To promote world peace and friendship through a Peace Corps, and to promote a better understanding of other peoples on the part of the American people and a better understanding of the American people on the part of the peoples served. Staff and agency.Established as a semiautonomous agency within the Department of State, headed by a Director appointed by the President and confirmed by the Senate, at $20,000 a year, and a Deputy Director at $19,500 a year. The Director of the agency will report directly to the Secretary of State, and the integration of the Peace Corps programs with the foreign policy of the United States will be the responsibility of the Secretary of State. Volunteers.Provides that the President may enroll in the Peace Corps for service abroad qualified citizens and nationals of the United States who will be called volunteers. A volunteer, to enroll in the Peace Corps, must pass a general entrance as well as other examinations, successfully complete a training program including instruction in philosophy, strategy, tactics, and the menace of communism, be selected for oversea duty, and have a language proficiency. To qualify as a volunteer, one must be at least 18, single or if married both must volunteer, in excellent physical and mental health, emotionally mature, and exemplary in personal conduct. In addition he must have a good educational background and/or experience required for success both in the training program and in performance on the job. Allowances.Volunteers will be given living, travel, and leave allowances, and such housing, transportation, supplies, equipment, subsistence, and clothing as the President may determine necessary (estimated to cost $9,000 per person). The volunteer is to live at a level generally similar to that of his host country counterpart. He will be credited with 2 1/2 days of annual leave for each month of satisfactory service, which will permit him to travel some in the area in which he is stationed. While actually on leave, the volunteer will be given an additional allowance of $5 a day to cover expenses. Termination payments.Volunteers will receive termination payments at a rate not to exceed $75 for each month of satisfactory service, to be paid at the conclusion of his service; unless his financial situation is such that he needs payments deducted to support a family. National Advisory Council.Provides for Presidential appointment of 25 members to the Council from educational institutions, voluntary agencies, farm organizations, labor unions, and other public and private organizations and groups interested in the objectives of the Peace Corps. The Council is to advise and consult with the President concerning policy matters. The service is without pay; however, if they are not employed by the Government they may receive $50 per diem not to exceed 20 days in any fiscal year, actual travel expenses, and per diem in lieu of subsistence and other expenses. Peace Corps projects.For a project to be eligible: (1) It must make a contribution to the economic, social, or cultural development of the host country, and the government of that country must have requested the project and given evidence of its willingness to cooperate; (2) it must require primarily workers or doers with skills not sufficiently available in the host country; (3) maintenance and remuneration of volunteers must meet Peace Corps standards; (4) it must use volunteers who will be serving in this or other projects for a minimum of 2 or 3 years including training time; and (5) any sectarian religious propagandizing or proselytizing must not be permitted. Authorization.Authorizes an appropriation of $40 million for fiscal 1962.
__________ Red China
Senate Concurrent Resolution 34 Passed Senate July 28, 1961, passed House August 31, 1961
Resolves to continue existing relations with and commitments to the Nationalist Chinese Government (Republic of China); resolves also to continue to oppose the Chinese Communists in their bid for recognition in the United Nations; and continues to oppose diplomatic recognition of the Chinese Communists by the President of the United States.
JUDICIAL
Judicial, 1961
Bad Check Offenses
H.R. 7657 Public Law 87385, approved October 4, 1961
Amends the Uniform Code of Military Justice by adding section 923a which would make specific the terms of the authority for prosecution of bad check offenses, thus creating a specific statutory authority for such a prosecution against members of the Armed Forces. None of the statutes under which violations are now prosecuted are entirely appropriate due to numerous technical problems in pleading or proving any bad check case.
__________ Espionage Laws--Extension
H.R. 2730 Public Law 87369, approved October 4, 1961
Deletes section 791 of title 18 of the United States Code, which has the inadvertent effect of limiting venue relative to acts of espionage and censorship, to acts committed in the United States or within the admiralty and maritime jurisdiction of the United States. By repealing this section, venue will be extended worldwide as to citizens of the United States committing these acts.
__________ False Bomb Information
H.R. 6834 Public Law 87338, approved October 3, 1961
Strengthens the present law on imparting false bomb information by making it a misdemeanor knowingly (but without malice) to impart or convey such false information, and by making it a felony to convey such false information willfully and maliciously or with a reckless disregard for human life.
__________ Fugitive Felon Act
H.R. 468 Public Law 87368, approved October 4, 1961
To combat organized crime and racketeering, this bill amends the Fugitive Felon Act to bring within its scope any fugitive who travels in interstate or foreign commerce to avoid prosecution, or custody or confinement after conviction, for any crime or any attempt to commit any crime, punishable by death or imprisonment for a term of more than 1 year under the laws of the place from which the fugitive fled.
__________ Racketeering Enterprises
S. 1653 Public Law 87228, approved September 13, 1961
Prohibits the use of the mail or any transportation in interstate or foreign commerce for the purpose of distributing the proceeds of any unlawful activities (business enterprises involving gambling, bootlegging, narcotics, or prostitution or investigations of narcotic or liquor law violations). Also prohibits the use of mails or interstate and foreign commerce transportation to those with the intent of committing any crime of violence to further any "unlawful activity" or who might otherwise promote or manage any "unlawful activity." The penalty for violation: $10,000 or 5 years in prison or both.
__________ Transmission of Bets
S. 1656 Public Law 87216, approved September 13, 1961
Forbids the use of wire communications (telephone, telegraph, or any other means of interstate wire communications) for gambling. Information carried for use of the press and wireless communication of information are not included. Any common carrier, subject to the jurisdiction of the FCC, must discontinue or refuse to lease, furnish, or maintain any such facility after being notified in writing by a Federal, State, or local law enforcement agency that such services are being used for transmitting or receiving gambling information. The penalty for violation: $10,000 fine or 2 years imprisonment or both.
__________ Wagering Paraphernalia
S. 1657 Public Law 87218, approved September 13, 1961
Prohibits interstate transportation of wagering paraphernalia for bookmaking, wagering pools, numbers game or similar games carried by means other than common carrier in the usual course of its business (allows transportation of equipment from a State where it is manufactured into a State where pari-mutuel betting is legal). The penalty for violation: not more than $10,000 or imprisonment for not more than 5 years, or both.
Judicial, 1962
Antitrust Civil Process Act
S. 167 Public Law 87664, approved September 19, 1962
Authorized the Department of Justice to issue civil investigative demands requiring any person, other than a natural person, to produce documentary material for examination whenever the Department has reason to believe that the person may have material pertinent to a civil antitrust investigation, but limited to persons who are under investigation. The material is restricted for use by the Department of Justice. The civil demand must be in writing and must set forth the nature of the conduct constituting the alleged antitrust violations under investigation, as well as the applicable provision of the law. The material must be made available for inspection and reproduction at the principal place of business of the person from whom it is demanded. This bill also provided that the demand may be tested in a district court where the person lives by filing a petition for an order of the court modifying or setting aside the demand. The tests for reasonableness and privilege of civil demands is the same as the test for subpoenas duces tecum.
__________ Appeals Improvidently Taken
H.R. 75 Public Law 87669, approved September 19, 1962
Required the U.S. Supreme Court to treat appeals improperly taken from Federal circuit courts of appeals as petitions for certiorari, just as the statute now requires appeals improperly taken from State courts to be treated as certiorari petitions. Under the present statute, when an appeal is mistakenly taken as a matter of right to the U.S. Supreme Court from the highest State court and the Supreme Court thinks the case should have been taken up on a petition for certiorari, it has the right to treat the appeal as a certiorari and pass on it accordingly under section 2103 of title 28, United States Code. But when an appeal is mistakenly taken as a matter of right from one of the Federal courts of appeals and the Supreme Court is of the opinion that the case should have been taken up on a petition for certiorari, the Supreme Court is without power to treat the appeal as a petition for certiorari because no such right has been conferred upon the Supreme Court by Congress. This act confers such a right on the Supreme Court and permits it to treat such an appeal as a petition for certiorari.
__________ District Court Jurisdiction
H.R. 1960 Public Law 87748, approved October 5, 1962
This act makes it possible to bring actions against Government officials and agencies in U.S. district courts outside the District of Columbia which, because of certain limitations on jurisdiction and venue, could formerly be brought only in the U.S. District Court for the District of Columbia. It does not create new liabilities or new causes of action against the U.S. Government. The bill is intended to facilitate review by the Federal courts of administrative actions. To attain this end, it does two things. First, it specifically grants original jurisdiction to an officer or employee of the United States, or of any agency thereof, to perform a duty owed to the plaintiff. Secondly, it broadens the venue provisions of title 28 of the United States Code to permit an action to be brought against a Government official in the judicial district (1) where a defendant resides, or (2) in which the cause of action arose, or (3) in which any real property involving the action is situated, or (4) if no real property is involved in the action, where the plaintiff resides. This bill will not give access to the Federal courts to an action which cannot now be brought against a Federal official in the U.S. District Court for the District of Columbia.
__________ Gambling Devices
S. 1658 Public Law 87840, approved October 18, 1962
Broadened the definition of gambling devices to cover additional types of machines (other than those defined under present law) manufactured for gambling purposes. Requires detailed records be maintained with respect to the acquisition and disposition of gambling devices that might be shipped or intended to be shipped in interstate and foreign commerce. An inventory record of all devices sold, delivered, or shipped must be kept and must be open at any time for inspection by agents of the Federal Bureau of Investigation.
__________ Torts
H.R. 298 Public Law 87693, approved September 25, 1962
Provided for recovery by the United States from negligent third persons for cost of hospital, medical, surgical, or dental care and treatment furnished by the United States, under authority or requirement of law, to a person who is injured or suffers a disease under circumstances creating a tort liability upon a third person.
__________ Vending Machine Slugs
H.R. 8038 Public Law 87667, approved September 19, 1962
Broadened the Federal criminal law dealing with the manufacture and sale of slugs and similar devices which could be used in vending machines, in lieu of coins. The bill revises the section of the United States Code which prohibits passing any token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States to procure anything of value from vending machines and other similar contrivances. Includes paper or other things which at the present time prohibits the manufacture and sale of tokens, slugs, disks, or other devices similar in size and shape to lawful coins of the United States which are capable of being used in vending machines or other similar contrivances.
__________ Water Pollution Disputes--Court Jurisdiction
H.R. 10617 Public Law 87830, approved October 15, 1962
Purpose of this act is to give the U.S. district courts concurrent original jurisdiction of cases involving the pollution of interstate river systems where the pollution is an alleged violation of an interstate compact and the signatory States have consented to such jurisdiction in their compact. The States of Texas, Arkansas, Oklahoma, and Louisiana are in process of negotiating an interstate compact for the apportionment of the waters of the Red River and for control of its pollution. These States desire to assure an impartial Federal forum for the litigation of water pollution issues that may arise under the compact, without need to resort directly to the Supreme Court where the controversy is between sovereign States. Gives the U.S. district courts concurrent, original jurisdiction of any case or controversy satisfying all of the following conditions: It involves the construction or application of an interstate compact which (a) relates in whole or in part to the pollution of an interstate river system; and (b) expresses the consent of the signatory States to be sued in a district court in cases involving the construction or application thereof. It involves the pollution of the waters of such river systems in alleged violation of the compact; One or more of the compacting States is plaintiff; and
The case or controversy is within the judicial power of the United States as set forth in the Constitution. The jurisdiction conferred by the bill would be without any limitation regarding the value of the matter in controversy and irrespective of the place of residence, sites, citizenship, nature, character, or legal status of all parties other than the compacting plaintiff State or States, provided that nothing in the bill is to be construed as authorizing a State to sue its own citizens in said district courts. Existing venue rules would be expanded by including the judicial district in which the acts of pollution occur. The bill does not express consent of the United States to be sued.
Judicial, 1963
Additional Commissioners for the U.S. Court of Claims
S. 102 Passed Senate October 17; House Calendar
Authorizes an increase in the number of commissioners of the Court of Claims from 15 to 20. Commissioners of the court serve under the rules of the court as its trial judges. Every case, when filed in the court, is referred to a commissioner who is responsible for passing on all questions of pleading incident to the joinder of issue, all procedural motions pending reduction of the issues to questions of law, and all pretrial procedures including discovery by deposition or the production of documents, and the trial of the case on issues of fact. With his findings of fact, the commissioner usually submits recommendations for conclusions of law, with supporting opinion. Thus, in practical effect, the Court of Claims now combines in one forum the facilities of trial and appellate functions. There are five judges in the Court of Claims. Experience shows that five judges dispose of the volume of cases that can be tried by commissioners in the ratio of four commissioners per judge. It is essential, however, that cases be developed as far as possible by commissioners so review by the judges is reduced to points that can be presented sharply and succinctly. In order for the commissioners to be effective, their caseloads must be limited to reasonable size and this fact, coupled with the gradual increase in the workload of the court which has been continuing for more than 10 years, makes it advisable to increase the number from 15 to 20.
__________ Continuous Sessions for Federal Courts
H.R. 2845 Public Law 88139, approved October 16, 1963
Eliminates the statutory requirement that Federal district courts hold formal terms. Provides that the times for commencing regular sessions shall be determined by the rules or orders of the court. Permits a court to adjourn pursuant to its own order or to preterm it with the consent of the judicial council for the circuit. Permits a court to hold special sessions at such places as the nature of business may require.
__________ Criminal Offenses Not Committed in Any District
H.R. 2842 Public Law 8827, approved May 23, 1963
Amends section 3238 of title 18 which now provides that, "The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district where the offender is found, or into which he is first brought" by 1. Permitting the indictment and trial of such offender or joint offenders in the district in which either of them is arrested or first brought; 2. Providing that if an offender or joint offenders commit a Federal crime on the high seas or elsewhere out of the jurisdiction of a State or district and are not arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of such offender or of any one of such joint offenders. If no such residence is known, the indictment or information may be filed in the District of Columbia. The indictment or information will suspend the running of any applicable statute of limitations.
__________ Equitable Adjudication
S. 535 Public Law 8866, approved July 19, 1963
This bill extends the principles of equitable adjudication to sales under the Alaska Public Sales Act.
__________ Escape of Juvenile Delinquents
S. 1319 Public Law 88251, approved December 30, 1963
Imposes a fine of $1,000 or 1 year in prison, or both, as a penalty for a juvenile delinquent under 18 who escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or commissioner, or from the custody of any officer or employee of the United States pursuant to lawful arrests for violation of any law not punishable by death or life imprisonment and if the Attorney General has not specifically directed the institution of criminal proceedings.
__________ Judicial Council
S. 979 Passed Senate October 17; pending in House Judiciary Committee
Amends section 332 of title 28, United States Code, to provide for the inclusion of a district judge or judges on the judicial council for each circuit. The bill also provides that the clerk of each of the U.S. courts of appeals will be the secretary of the judicial council.
__________ Public Defenders Act of 1963
S. 1057 Passed Senate August 6, 1963; H.R. 7457, House Calendar
Authorizes each U.S. district court, with the approval of the judicial council of the circuit, to place in operation throughout the district a plan for furnishing representation for defendants charged with felonies or misdemeanors, other than petty offenses, who are financially unable to obtain an adequate defense. Each district may select one of four alternative plans of providing counsel. The alternative plans are: 1. Appoint counsel from attorneys in private practice, compensating lawyers at a rate not exceeding $15 an hour plus reimbursement for necessary expenses on behalf of the defendant. 2. Establish a Federal public defender office with necessary assistants and staff. Salaries would be set at a level comparable to those authorized for the U.S. attorneys and their assistants in the same district. 3. Provide for participation by bar associations or selection of local legal aid or defender organizations to furnish attorneys for court appointment. Compensation and reimbursement to be made to the organization. 4. Permit each district to adopt a system containing any combination of the first three plans. Each district has freedom to devise the plan best suited to its local needs but the bill requires that a system of adequate representation must be established in every Federal district. The overall responsibility for administering the plans throughout the Federal court system is vested in the Judicial Conference of the United States. The Conference is authorized to issue rules and regulations governing the manner in which the districts are to implement the provisions of the statute.
__________ Sports Bribes
S. 741 Passed Senate October 31; House Calendar
Prohibits any bribery scheme in commerce to influence the outcome of any sporting contest and provides, upon conviction, for a $5,000 fine and/or imprisonment up to 10 years.
__________ Supreme Court Justice Widows--Annuities
S. 1686 Passed Senate November 5; pending in House Judiciary Committee
Increases the annuities of widows of Supreme Court Justices from $5,000 to $10,000 a year, payable monthly.
__________ Tort Claims
H.R. 2985 Public Law 88234, approved December 23, 1963
Permits civil actions on tort claims to be brought in the district court of the district where the act or omission occurred. This will promote a more orderly administration of justice by permitting tort suits to be brought in the place where the witnesses are ordinarily conveniently available.
LABOR
Labor, 1961
Longshoremen and Harbor Workers Amendment
H.R. 1258 Public Law 8787, approved July 14, 1961
This measure amends the Longshoremen's and Harbor Workers' Compensation Act by Increasing the maximum level of weekly compensation benefits payable to workers or to the beneficiary of workers within the coverage of the act who are injured or disabled within the scope of their employment from $54 to $70; Providing comparable increases in death cases, adjusting the ceiling on average weekly wages from $81 to $105; and Increasing the statutory maximum compensation payable for all injuries other than cases of permanent total disability or death from $17,280 to $24,000. The Longshoremen's Act establishes the standards for workmen's compensation for workers employed within the admiralty and maritime jurisdiction of the United States and by extension constitutes the workmen's compensation law for employees privately employed in the District of Columbia, for U.S. citizens employed by contractors with the Federal Government outside the continental United States, and for employees of employers engaged in operations on the Outer Continental Shelf. The benefits under these acts are paid by private employers or their insurers and not by the Government.
__________ Minimum Wage
H.R. 3935 Public Law 8730, approved May 5, 1961
Congress enacted and the President signed into law a measure extending coverage to 3,624,000 workers and an ultimate increase to $1.25 for presently covered workers. As enacted the amendment to the Fair Labor Standards Act of 1938 will 1. Increase the minimum wage for presently covered employees to $1.15 an hour for the first 2 years after the effective date and $1.25 an hour beginning 2 years after the effective date (23.9 million). 2. For newly covered employees the minimum wage and overtime will be First year after effective date $1, no overtime requirements; Second year $1, no overtime requirements;
Third year $1, 44 hours a week;
Fourth year $1.15, 42 hours a week;
Fifth year $1.25, 40 hours a week.
3. Cover (3,624,000 newly covered):
(a) Retail and service enterprises: Covers retail enterprises which have a million dollars or more in annual sales (exclusive of excise taxes at retail level) and which purchase or receive goods for resale that move or have moved across State lines which amount in total annual dollar volume to $250,000 or more2,182,000 employees. (b) Gasoline service stations which have $250,000 or more in annual sales (exempt from overtime)86,000 employees. (c) Suburban and interurban transit companies which have $1 million or more in annual sales (exclusive of excise taxes at the retail level) covered for minimum wage but not overtime93,000 employees. (d) Establishments which have some covered employees, all employees are covered if they are in an enterprise which has $1 million or more in annual sales10,000 employees (e) Construction enterprises which have at least $350,000 in annual business covered for minimum wage and overtime1 million employees (f) Seamen on American-flag vessels covered for minimum wage but not overtime100,000 employees. (g) Telephone operators, but exempts those employed by an independently owned public telephone company which has not more than 750 telephones30,000 employees. (h) Seafood processing employees for minimum wage but not overtime33,000 employees. 4. Exclude from coverage in the retail trade: Auto dealers and farm implement dealers, hotels, motels, restaurants including retail store lunch counters, caterers and similar retail food services, motion picture theaters, hospitals, nursing homes, schools for handicapped or gifted children, amusement or recreational establishments operating on a seasonal basis, and any small store which has less than $250,000 in annual sales even if it is an enterprise that has more than $1 million in annual sales. 5. Provide for special problems in retail and service trades. (a) Commission employees in retail stores exempt from overtime if more than half their pay is from commissions and if they earn at least time and one-half the minimum rate. (b) Assistant managers of retail stores exempt even if they perform up to 40 percent non-executive and non-administrative work. (c) Student workers may be employed in retail trades at sub-minimum rates under certificates issued by the Secretary in occupations not ordinarily given to fulltime employees. 6. Exclude the proposed new coverage and the changes in exemptions for laundries that were contained in the Senate-passed bill. (Existing law remains the same for laundries.) 7. Provide other exemptions:
(a) Announcers, news editors, and chief engineers of broadcasting companies located in non-metropolitan cities of 100,000 or less population exempt from overtime. (b) Independently owned and controlled local enterprises engaged in bulk petroleum distribution exempt from overtime if their annual sales are less than $1 million (exclusive of excise taxes). (c) Trip rate drivers and drivers' helpers making local enterprises exempt from overtime if the Secretary of Labor finds that the plan under which they are paid is consistent with the principle of the 40hour workweek. (d) Employees working in a livestock auction held by a farmer need be paid the minimum rate only for the hours they work at the auction if during that workweek they are employed primarily in agriculture by the farmer. (e) Employees in country elevator establishments in the area of production exempt from both minimum wage and overtime if they have no more than five employees. (f) Employees engaging in ginning cotton for market in counties where cotton is grown in commercial quantities exempt from minimum wage and overtime. (g) Homeworkers making natural holly wreaths exempt from the act. (h) Agricultural employees engaged in bulking shade-grown tobacco if they were employed in the growing and harvesting of the tobacco exempt from minimum wage and overtime. (i) Employees transporting fruits and vegetables from the farm to market or transporting harvesting hands within the State exempt from minimum wage and overtime. 8. Include board and lodging as wages on the basis of a fair-value calculation made by the Secretary; also such prerequisites may be excluded from wages to the extent that they are excluded under a collective bargaining agreement. 9. Authorize the Secretary of Labor to study employment effects of imports and exports in industries covered by the act and report the results to the President and Congress. 10. Authorize the Secretary to study the exemptions in the act for handling and processing agricultural products as well as the rates of pay in hotels, motels, restaurants, and other foodservice enterprises and report the results with recommendations to the next session of this Congress. 11. Increase the minimum wage in Puerto Rico for presently covered employees by the same percentage as the mainland minimum, subject to review by industry committees in hardship cases; for newly covered employees the rates will be set by industry committee procedures. 12. Be effective 120 days after enactment.
__________ Railroad Retirees
S. 2395 Public Law 87825, approved September 22, 1961
To bring the railroad retirees in line with the beneficiaries of social security, this amendment provides that men as well as women can obtain a reduced annuity after attainment of age 62 even though they do not have 30 years of creditable service. The reduction would be by one one-hundred-and-eightieth for each calendar month the applicant is under age 65 when the annuity begins to accrue. The requirement of at least 10 years service for eligibility for any retirement annuity remains unchanged, as does the right of a woman with 30 years' service to obtain a full annuity at age 60 and the right of any individual to obtain a full annuity before age 65 on the basis of disability. Reduces from 3 years to 1 the time required to elapse after marriage before any wife or husband who is otherwise eligible for a spouse's annuity can qualify. The measure also provides that women who had qualified for an annuity under the Railroad Retirement Act as a widow before their marriage not to be disqualified for an annuity as the widow of the new husband if he dies within 1 year of marriage.
Labor, 1962
Manpower Retraining Act
S. 1991 Public Law 415, approved March 15, 1962
Authorizes a 3year, $435 million manpower training program to help alleviate the long-term unemployment problem.The act will enable workers whose skills are obsolete to receive training which will qualify them to obtain and hold jobs, with priority given to unemployed persons including those in farm families with a net income of less than $1,200 a year. Appropriations.Authorizes $5 million for the balance of fiscal year 1962 to set up the program; $100 million for fiscal year 1963; $165 million for each of fiscal years 1964 and 1965; however, the last year of the program (fiscal year 1965) the States must assume 50 percent of the cost of the program. Training allowances.Maximum of 52 weeks, with payments primarily equal to unemployment compensation payments. Training selection.Primarily for unemployed persons who cannot reasonably be expected to secure fulltime employment without training; includes persons with 3 years' working experience who are heads of families or households; grants the Secretary discretionary authority to permit occupational training of youths over 19 and under 22 in certain exceptional cases, but sets a ceiling on payments of $20 a week. (No more than 5 percent of the total allowances can be used for this age group.) On-the-job training.Provides for a stepped-up program of promoting on-the-job training. Reduced training allowances will be made available for those undergoing part-time vocational training as part of the on-the-job training program. Travel and subsistence.$5 a day (up to $35 a week) for subsistence and 10 cents a mile for transportation can be made to individuals receiving training away from home. Employment guidance.Authorizes the Secretary of Labor to provide a program for testing, counseling, and employment guidance for occupational training and further schooling, whenever he finds such program necessary. Limits this program to youths between the ages of 16 and 21. Safeguards.To prevent its benefits from being used in "pirating" industry from one location to another; to require that States maintain existing levels of expenditure for vocational education and training from their own funds; and to encourage prospective trainees to accept training opportunities rather than remain on unemployment compensation. National Advisory Committee.Authorized the Secretary of Labor to appoint a National Advisory Committee consisting of 10 members composed of representatives of labor, management, agriculture, education, and training, and the public in general. Report.Requires an annual manpower report to Congress by the Secretaries of Labor and HEW. Estimated trainees.Sponsors of the measure estimate 160,000 persons will receive training the first year and 285,000 the second year. With the extra money expected from the States in the third year, the figure could rise to 570,000. Presidential recommendation.
Six months after enactment, President Kennedy had this to say: I consider the Manpower Development and Training Act of 1962 one of the most important measures ever passed by Congress to help foster our Nation's technological development, strengthen our domestic prosperity, and maintain our position of leadership in the world. This bill attacks one of the basic causes of long-term unemployment, and encourages sound manpower planning based on research. It is a bill which will help eliminate waste of our human resources wherever it may occur throughout the Nation. You who have agreed to serve on the National Advisory Committee on Manpower Development and Training have the opportunity to contribute a great deal to the success of this extremely important program. I thank you for agreeing to serve and I wish you success in your endeavors. For too long a time we have paid lip service to our Nation's manpower problems without doing anything significant to solve them. We have "viewed with alarm." We have "urged that something be done." We have "summarized the situation." But, until the Manpower Development and Training Act was passed during this session of the 87th Congress, concrete proposals aimed at solving our manpower problems were hard to come by. Now we have a program for training the unemployed and the underemployed. Now we have a broad program of manpower research. I am pleased to note that 138 training programs in 20 States have already been initiated under the new act. This is a good beginning, but it is only a beginning. I am certain that if our manpower programs are administered with wisdom and imagination, we will be in a far better position to face the inevitable problems that are generated by a highly complex and constantly evolving technology. You have the opportunity to see to it that this goal is reached. The Manpower Training and Development Act is not a panacea which will cure all our manpower problems. It is, however, a potent tool which can be used effectively against unemployment and for the promotion of a highly skilled labor force throughout the entire Nation.
__________ Migratory Health Services
S. 1130 Public Law 87692, approved September 25, 1962
Authorized a $3 million a year, 3year program in Federal grants to public or nonprofit agencies and organizations for paying part of the cost of establishing and operating family health clinics and special health projects for domestic migratory farm families. The program would operate through local, State, and Federal health agencies.
__________ Nonquota Immigrants Skills
S. 3361 Public Law 87885, approved October 24, 1962
Facilitated entry into the United States of certain skilled aliens whose services are urgently needed and certain relatives of U.S. citizens. In addition, the bill permits the creation of a record of lawful admission for permanent residence in the cases of certain aliens who entered the United States before December 24, 1952.
__________ Welfare and Pension Plan Amendments
H.R. 8723 Public Law 87420, approved March 20, 1962
This presidential recommendation is designed to close existing gaps and strengthen the 1958 Welfare and Pension Plans Disclosure Act by Empowering the Secretary of Labor to require publication and filing of both a description of the plan and an annual report which will serve to inform the participants of the nature and financial structure of the plan. It empowers the Secretary to prescribe the form and the detail of both the description and the annual report. In addition, it authorizes the Secretary, after hearing and notice, to prescribe other modes or periods for publication of the required information if such information could not be practicably ascertained or made available in the manner or for the period prescribed by the statute. Requiring an enumeration of assets in the annual report instead of a summary of assets and liabilities are required by the 1958 act. Relieving administrators of plans covering less than 100 participants from the annual report requirement unless the Secretary, after investigation, determines such report should be filed and published. This, however, does not relieve the administrator from the description requirement. Makes the contents of descriptions and regular annual reports public information and permits the Secretary to publish any information and data derived from such descriptions and regular annual reports where to do so would protect the interests of participants or beneficiaries. Continuing present exemption from reporting for all plans covering 25 or less employees. Requiring bonding of administrators, officers, and employees of employee welfare or pension benefits plans. Authorizes the Secretary to set the standards for the bonds. However, if the Secretary authorizes a bond of $500,000 or over, his authority is limited so as to insure that he will not be permitted to require a bond in excess of 10 percent of the amount of funds handled. The plan can be exempted from the bonding requirement if the administrator offers adequate evidence of financial responsibility and also when he is of the opinion that other bonding arrangements would provide adequate protection for the participants and beneficiaries. Thus, the intent is that the Secretary of Labor will, by regulation or by a case-by-case procedure, be empowered to accept other forms of surety to protect welfare and pension funds. Creating a 13member advisory council to advise the Secretary and submit recommendations to him. Adding three new sections to title 18 of the code, imposing criminal sanctions for theft or embezzlement, for false statements and concealment of facts in relation to documents required by the act, or offer, acceptance, or solicitation to influence operations of employee benefit plans (kickbacks). Authorizing the Secretary to investigate the possible violations of the statute. He may initiate the action or it may follow a complaint of violation. However, the investigation may be undertaken only where he has first required certification of the annual report by an independent certified public accountant. He is authorized to institute actions in the U.S. district courts to enjoin violations of the statute.
__________ Work Hours Act
H.R. 10786Public Law 87581, approved August 13, 1962
Provided for a single general hours act establishing standards for hours of work and overtime pay for laborers and mechanics employed under U.S. Government contracts or under federally assisted programs. Provided for a standard workweek of 40 hours with not less than time and a half for overtime work after an 8hour day or a 40hour week. Applied hours and overtime standards to workers on projects financed in whole or in part by the Federal Government under statutes which require payment or prevailing or minimum wages.
Labor, 1963
Agricultural Workers Fair Labor Standards
S. 523 Passed Senate June 11, 1963; pending in House Education and labor Committee
This legislation amends the agricultural child labor provisions of the Fair Labor Standards Act. These provisions presently provide that a child below the age of 16 may not be employed in agricultural work during regular school hours. There is a total exemption, however, for agricultural work outside school hours, that is, a child of any age may be employed in agriculture before and after classes during a regular school session or during vacation periods. This bill narrows the exemptive area with regard to agricultural work outside school hours. It does not affect the 16 age minimum already applicable to agricultural work during regular school hours. Specifically, it permits a child to be employed in agricultural work outside of school hours 1. If he is employed by his parents on the home farm; or 2. If he is 14 years of age or over; or 3. If he is between 12 and 14 years of age and commutes daily from his permanent residence and has the written consent of his parents. The bill also makes any employer of a child, other than the child's parent, employed in agriculture under the age of 18 strictly liable for disability or death arising out of such employment. If, however, the employment is covered by a State workmen's compensation law, the employer's liability is discharged.
__________ Daycare Services for Migrant Farm Children
S. 522Passed Senate June 10; pending in House Education and Labor Committee
Establishes a 3year program to assist States in providing daycare services for children of migratory workers, and authorizes an annual appropriation of $750,000 beginning with fiscal year ending June 30, 1964, to pay part of the cost of establishing and operating such facilities.
__________ Manpower Training Act Amendments
H.R. 8720 Public Law 88214, approved December 19, 1963
This measure waives the State matching requirement for fiscal 1965 and extends the Manpower Training Act for 2 additional years with the requirement that States match one-third and one-half, respectively, in fiscal year 1966 and 1967. Authorizes training in education at the basic level for those unable to qualify for occupational training provided evidence exists of intention to under training and, for this group, an additional 20 weeks of training allowances are authorized. Expands the youth training program by lowering the age limit for allowances from 19 to 17, subject to a restriction of 1year waiting period for school dropouts, by increasing the proportion of youth receiving allowances to 25 percent of those receiving allowances and restricts these allowances to those in special youth training projects. Authorizes $50 million in new funds for fiscal 1964 and $100 million for fiscal 1965. Reduces the work experience requirement from 3 to 2 years and permits payment of an allowance to any one member of a family in training if the head of the family is unemployed. Provides for a training incentive of up to $10 a week and permits trainees to engage in part-time work up to 20 hours a week without a reduction in the training allowance. Authorizes a pilot program for labor mobility demonstration projects limited to a maximum expenditure of $4 million to expire June 30, 1965. Provides for additional utilization of private training institutions in those cases where the quality is comparable and the cost to the Federal Government is lower. In signing this bill into law, President Johnson said:
I am very glad to approve these amendments to the Manpower Development and Training Act. I would especially like to compliment Senator Clark and Congressman Holland who conducted hearings on this legislation, and I want to congratulate the entire Congress for acting with such dispatch, particularly the Members of both parties. Under this legislation we are taking some very necessary and very important steps to continue the success achieved thus far under the Manpower Development and Training Act enacted last year. We are making it possible for those who lack sufficient education to take advantage of the act to obtain the basic education that is essential to the undertaking and profiting from occupational training. Second, we are lowering the age limit for youth training activities to permit payment of allowances to young people of 17 and 18 years of age because workers under 19 years of age account for 16 percent of our unemployment. We are providing a modest increase in training allowances for family breadwinners and postponing for another year the requirement for State matching so that we may have time to properly appraise the program further. All these steps of course are important. They are important in principle as well as in the practical terms of the 93,00 additional persons these provisions should permit to be trained.
__________ Migratory Farmworkers--Educational Opportunities
S. 521 Passed Senate June 10, 1963; pending in House Education and Labor Committee
Authorized a 5year program to aid in the education of the children of migratory workers. The Federal Government will pay 100 percent of the program the first 2 years and the States and Federal Government will match costs for the next 3 years. Federal assistance will be given the States to help defray costs for education during the regular school session; the child must attend school in a State for at least 5 days before assistance would be available; $300,000 would be provided annually for summer schools for migratory children; $250,000 would be granted annually to provide interstate planning and coordination of the education programs; $200,000 annually would be authorized to help pay for pilot projects for fundamental, practical education for adult migratory workers. The program would be administered by the U.S. Commissioner of Education.
__________ Migratory Health Services
S. 526 Passed Senate June 10; pending in House Interstate and Foreign Commerce Committee
This bill authorizes an appropriation of $2,500,000 for fiscal year ending June 30, 1964, and for each of the 4 succeeding fiscal years to enable the Surgeon General to make grants to States (1) that have submitted, and had approved, a State plan to provide adequate sanitation facilities for migratory farm families, (2) for surveys by States that need to determine the extent of the need for such sanitation facilities, and (3) for field sanitation projects. The amount of funds allotted to a State for subsequent distribution under its plan would be determined by the number of migratory workers involved, the length of time they spend in the State, and the extent of the need for adequate sanitation facilities. Funds not used by a particular State may be reallotted to another State with needs exceeding its allotment. A State plan to improve sanitation conditions shall (1) designate a single State agency to administer the funds provided; (2) show the need for adequate sanitation facilities and the plans, policies, and methods for meeting this need; (3) provide assurances that the sanitation facilities shall conform to State health standards; (4) provide a schedule of priorities for determining the eligibility of persons assisted under this title; and (5) provide reasonable standards for determining the amount of funds any person shall be provided out of the funds allocated to a State, giving due consideration to the amount, terms, and conditions of other funds available to such person. A State is authorized to distribute funds allocated to it, provided that no person receives more than 90 percent of the total cost of a particular project. Under the bill, "persons" includes, but is not limited to, States or political subdivisions, associations, societies, companies, corporations, as well as individuals. The Surgeon General may spend up to $500,000 for fiscal year ending June 30, 1964, and for each of the 4 succeeding fiscal years to make grants to States to pay part of the costs of demonstration projects for developing improved methods of field sanitation. The projects shall be maintained and operated in conformity with State health standards.
__________ Migratory Labor National Advisory Council
S. 525 Passed Senate June 25,1963; Pending in House Education and Labor Committee
Establishes a 15member National Advisory Council on Migratory Labor to advise the President and Congress on the operation of Federal laws, regulations, programs, and policies, and any and all other matters relating to migratory agricultural labor. The Council is to consider, analyze, and evaluate the problems with a view to devising plans and making recommendations for establishing policies and programs to meet these problems. The 15 members are to be divided as follows:
Three from private life to represent the farmer; three from private life with interest in and general knowledge of migratory labor problems; three from private life with experience in health, education, and welfare problems of migratory labor; three from private life to represent the migratory agricultural worker; and three with experience as State officials and knowledge of migratory labor problems. One will be designated by the President as Chairman of the Council and one as Vice Chairman. The Council is authorized to employ a permanent staff director and other personnel as required.
__________ Railroad Labor Dispute
Senate Joint Resolution 102 Public Law 88108, approved August 28,1963
With only two dissenting votes the Senate approved a resolution providing for the settlement of the labor dispute between certain carriers by railroad and certain of their employees. The resolution established an independent board to arbitrate the 4year dispute over rail companies' proposals to eventually eliminate the jobs of about 37,000 firemen and additional thousands of other train crew members. Briefly the resolution would Establish a seven-member arbitration board, composed of two members appointed by the carriers and two by the unions. These four members would name the three public members. If they are unable to agree, the President will appoint the public members. Limit arbitration to the two primary issues: Firemen and crew size. (a) Firemen: Railroads contend firemen are no longer needed on diesel locomotives in freight and yard service. Railroads propose that all firemen jobs ultimately be eliminated. The unions contend firemen are essential for safe and efficient operation, and that firemen are training for engineer positions. (b) Crew size: Current railroad practice generally calls for a train complement of one conductor and two brakemen riding outside the cab. Railroads seek to eliminate this practice. They want a national rule that would give them the unrestricted right to determine appropriate crew sizes. The union want a national rule establishing one conductor and two brakemen as the minimum crew for all trains. Require the arbitration board to take up the two key issues, hold hearings, and announce its decisions within 90 days after enactment of the legislation. However, the board's decision cannot go into effect for another 60 days while the parties continue negotiations on secondary issues in light of the advantages and disadvantages each receives from the arbitrated ruling. Require the lapse of 30 days after the key issues become effective before parties can strike over any secondary issue. Secondary issues are: (a) Under current rules a longhaul train has to stop at each division boundary line to take on a new crew. Railroads seek the right to set up interdivisional runs as they please, changing crews only when necessary for safety and efficiency. (b) Over the years a jurisdictional distinction has developed with regard to the work to which road service and yard service crews are entitled. Carriers seek to eliminate this distinction; the unions want to prohibit further combination of jobs. Wages paid an on-train worker are currently determined by the number of miles traveled, hours worked, length of train, or weight of locomotive. Carriers propose a series of adjustments that would have the effect of reducing on-train wages. Unions propose wage changes having the effect of a pay raise.
__________ Railroad Retirement Amendments
H.R. 8100 Public Law 88133, approved October 5, 1963
The present system of railroad retirement, established by the Railroad Retirement Act of 1937, provides monthly annuities to railroad employees on their retirement for age or disability, annuities to their spouses, and annuities and lump sums to their survivors. The railroad unemployment insurance system, established by the Railroad Unemployment Insurance Act of 1938, provides unemployment, sickness, and maternity benefits to railroad employees. The retirement fund has an actuarial benefit of $77 million a year. The jobless air system has an actual deficit of more than $300 million; benefits have been continued through loans from the railroad retirement trust funds. This amendment designed to put the railroad retirement and unemployment compensation systems on a sound financial basis makes the following changes in the present law: In retirement
Increases from $400 to $450 a month the salary base on which employers and employees pay taxes. This will have the effect of increasing future retirement benefits as well as revenues. Raises the Government's contribution because of military service credits. Boosts from 3 to 3 7/8 percent the interest that the Treasury pays on railroad retirement funds. In unemployment compensation
Raises the maximum tax rate paid by employers from 3 3/4 to 4 percent. Excludes from coverage persons casually attached to the industry and voluntarily resigns; for example, the amount of pay in a year needed to qualify an employee for benefits in the next year will be increased from $500 to $750. In signing this bill, the President stated:
I have approved H.R. 8100, a bill to improve the financial condition of the railroad retirement and unemployment insurance systems. This bill carries out my 1961 request for the Railroad Retirement Board to develop legislation to put these funds in sound financial condition. The bill also reflects agreement by the railroad carriers and unions to improve the financial condition through increased contributions by them. However, I consider undesirable provisions in the bill providing a 3percent guaranteed return of the retirement fund's investments, and requiring the immediate investment of the fund's assets at a rate of interest substantially higher than now being paid. Neither of these two provisions was contained in the administration bill transmitted to the Congress. Their effect would be to give this account special treatment not accorded any of the other similar trust funds. The immediate conversion would increase budget costs by approximately $25 million in the first year. To give other trust funds the same treatment would cost almost a third of a billion dollars in the first year alone. The guaranteed 3percent return is inconsistent with the basic objective of bringing the retirement fund interest rates into conformity with the market yield of long-term Government securities. During congressional consideration of the measure, however, the point was stressed that those special provisions developed in the legislation for the railroad industry were not applicable to the other retirement systems and were not to be regarded as a precedent. Congress thus felt that the railroad retirement system was unique and warranted this special treatment. The report of the Senate Labor and Public Welfare Committee dealt with this in detail. Relying on this assurance I have approved this bill.
__________ Registration of Interstate Farm Labor Contractors of Migrant Workers
S. 524 Passed Senate June 11; H.R. 6242, House Calendar
This bill establishes a system of Federal registration for interstate farm labor contractors, or crew leaders, as they are frequently called. Farm labor contractors are the middlemen in making work arrangements between farmworkers and growers and in this capacity often recruit, transport, supervise, handle pay arrangements, and otherwise act as an intermediary between the migrant worker and the farmer. Although many crew leaders perform their functions in a satisfactory and responsible manner, others have exploited both farmers and workers. Migrant workers, because of their dependency on the crew leader, are particularly vulnerable to such exploitation and abuse by irresponsible crew leaders. Under this legislation, any person who for a fee recruits 10 or more migrant workers for interstate agricultural employment is required to register annually with the Secretary of Labor. A certificate of registration is to be issued by the Secretary to any person who submits (1) satisfactory information, to the best of his knowledge and belief, concerning his conduct and method of operation as a farm labor contractor, and (2) proof of public liability insurance on vehicles used in his business as a farm labor contractor. As an alternate to proof of an existing insurance policy, the applicant may give proof of financial responsibility or assurance that he will obtain insurance within a prescribed time. Every farm labor contractor is obligated to carry and disclose his certificate of registration at proper times; to inform workers, to the best of his knowledge and belief, concerning their prospective employment, to post for workers written statements of the terms of employment and housing; and, in those instances where he pays the workers, to keep proper payroll records. A certificate of registration may be refused, revoked, or suspended if the farm labor contractor has committed certain specified violations such as (1) knowingly misrepresenting to migrant workers the terms, conditions, or existence of agricultural employment; (2) unjustifiably failing to perform working arrangements entered into with farm operators or with migrant workers; (3) conviction of certain crimes in connection with activities as a farm labor contractor; or (4) noncompliance with applicable Interstate Commerce Commission regulations.