EMPLOYMENT OF EXPEDITERS AND ADMINISTRATIVE EMPLOYEES

SEC. 22. No loan shall be made by the Administrator under this Act to any business enterprise unless the owners, partners, or officers of such business enterprise (1) certify to the Administrator the names of any attorneys, agents, or other persons engaged by or on behalf of such business enterprise for the purpose of expediting applications made to the Administrator for assistance of any sort, and the fees paid or to be paid to any such person; and (2) execute an agreement binding any such business enterprise for a period of two years after any assistance is rendered by the Administrator to such business enterprise, to refrain from employing, tendering any office or employment to, or retaining for professional services, any person who, on the date such assistance or any part thereof was rendered, or within one year prior thereto, shall have served as an officer, attorney, agent, or employee of the Administrator occupying a position or engaging in activities with which the Administrator shall have determined involve discretion with respect to the granting of assistance under this Act.

ANNUAL REPORT

SEC. 23. The Administrator shall make a comprehensive and detailed annual report to the Congress of his operations under this Act for each fiscal year beginning with the fiscal year ending June 30, 1957. Such report shall be printed, and shall be transmitted to the Congress not later than January 3, of the year following the fiscal year with respect to which such report is made. Such report shall show, among other things, (1) the number and size of Government contracts for the furnishing of supplies and services placed with business firms located in redevelopment areas, and (2) the amount and duration of employment resulting from such contracts. Upon the request of the Administrator, the various departments and agencies of the Government engaged in the procurement of supplies and services shall furnish to the Administrator such information as may be necessary for the purposes of this section.

APPROPRIATION

SEC. 24. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

[S. 1433, 85th Cong., 1st sess.]

A BILL To assist areas to develop and maintain stable and diversified economies by a program of financial and technical assistance and otherwise, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Area Assistance Act of 1957."

DECLARATION OF PURPOSE

SEC. 2. The Congress declares that notwithstanding the prosperity enjoyed by the Nation as a whole, some of our communities are suffering substantial and persistent unemployment; that such unemployment causes hardship to many individuals and their families and detracts from the national welfare by wasting vital human resources; that to overcome this problem the Federal Government, in cooperation with the States, should help areas of substantial and persistent unemployment to take effective steps in planning and financing their economic development; that Federal assistance should enable communities to achieve lasting improvement and enhance the domestic prosperity by the establishment of stable and diversified local economies; and that new employment opportunities should be created rather than merely transferred from one community to another.

AUTHORITY OF SECRETARY OF COMMERCE

SEC. 101. (a) To assist areas in the United States designated by the Secretary of Labor as areas of substantial and persistent unemployment, the Secretary of Commerce, hereinafter referred to as the Secretary, is authorized—

(1) to make grants for technical assistance for such areas in accordance with the provisions of section 106 of this Act; and

(2) to provide financial assistance for such areas in accordance with the provisions of section 107 of this Act.

(b) The Secretary is also authorized

(1) to assist rural areas and rural communities in the United States in their efforts to develop manufacturing, processing, and service activities to supplement agricultural activities;

(2) to provide technical assistance and field consultation to areas in the United States in establishment of new industries based on local resources, in expansion of existing industries, and in economic diversification; and (3) to coordinate the functions of the Secretary authorized by this Act with other Federal programs affecting local economic conditions.

(c) As used in this Act, the term "United States" includes the several States, the Territories of Alaska and Hawaii, and the District of Columbia.

AUTHORITY OF SECRETARY OF LABOR

SEC. 102. (a) The Secretary of Labor shall from time to time, upon request of the appropriate State government, certify to the Secretary the existence of an area of substantial and persistent unemployment whenever he finds

(1) in the case of a major labor market area or other labor market area for which appropriate historical labor force data are available as determined by the Secretary of Labor, that the unemployment rate in such area (A) is currently 8 per centum or more, adjusted seasonally, and (B) has been at least 8 per centum for the major portion of each of the preceding two years;

or

(2) in the case of other labor market areas for which appropriate historical labor force data have not been compiled, that the unemployment rate and duration, based on a survey of available labor force data, generally equals or exceeds the rate and duration specified in section 102 (a) (1). (b) The Secretary of Labor is authorized, upon request and whenever he determines that such studies are needed, to undertake or to provide assistance to others in studies of the size, characteristics, skills, adaptability, occupational potentialities, and related aspects of the labor force of an area certified under section 102 (a).

(c) When skills of the labor force in area certified under subsection (a) are not such as to facilitate full utilization of the human resources in such area, the Secretary of Labor is authorized to provide advice and technical assistance in developing and carrying out a program to increase employment opportunities and improve the utilization of such labor force.

(d) Whenever the Secretary of Labor finds a need for vocational education services in an area certified under section 102 (a) and when such area has an economic development program as provided in section 107 (b) (8), he is authorized to assist interested agencies to determine the vocational training needs of unemployed individuals residing in the area, and he shall notify the Secretary of Health, Education, and Welfare of the vocational training or retraining requirements of the area. The Secretary of Health, Education, and Welfare, through the Commissioner of Education, is authorized to provide assistance, including financial assistance when necessary or appropriate, to the State vocational education agency in the provision of such services in the area.

AUTHORITY OF HOUSING AND HOME FINANCE ADMINISTRATOR

SEC. 103. Title I of the Housing Act of 1949, as amended, is amended by adding the following new heading and section at the end of Title I:

"AREAS OF SUBSTANTIAL AND PERSISTENT UNEMPLOYMENT

"SEC. 112. (a) When the Secretary of Commerce certifies to the Administrator (1) that any county, city, or other municipality (referred to as municipality' in this section) is situated in an area designated by the Secretary of Labor pursuant to the Area Assistant Act of 1957 as an area of substantial and persistent unemployment, and (2) that there is a reasonable probability that with assistance provided under the Area Assistance Act of 1957 and other undertakings the area will be able to achieve lasting improvement in its economic development, the Administrator is authorized to extend financial assistance to a local public agency in any such municipality under this title and the provisions of this section.

(b) The Administrator may provide such financial assistance under this section without regard to the requirements or limitations of section 110 (e) of this title that the project area be clearly predominantly residential in character or that it will be predominantly residential under the urban renewal plan.

"(c) Financial assistance under this section may be provided for any project involving a project area including primarily industrial or commercial structures suitable for rehabilitation under the urban renewal plan for the area.

"(d) Notwithstanding any other provisions of this title, a contract for financial assistance under this section may include provisions permitting the disposi tion of any land in the project area designated under the urban renewal plan for industrial or commercial uses to any public agency or nonprofit corporation for subsequent disposition as promptly as practicable by such public agency or corporation for the redevelopment of the land in accordance with the urban renewal plan: Provided, That any disposition of such land to such public agency or corporation under this section shall be made at not less than its fair value for uses in accordance with the urban renewal plan: And provided further, That the purchasers from or lessees of such public agency or corporation, and their assignees, shall be required to assume the obligations imposed in conformity with the requirements of section 105 (b) hereof.

"(e) Following the execution of any contract for financial assistance under this section with respect to any project, the Administrator may exercise the authority vested under this section for the completion of such project notwithstanding any determination made after the execution of such contract that the area in which the project is located may no longer be an area of substantial and persistent unemployment."

SEC. 104. The first sentence of section 202 (c) of title II of the Housing Amendments of 1955 is amended to read as follows:

"(c) In the processing of applications for financial assistance under this section, the Administrator shall give priority first to applications of counties, cities, and other municipalities and political subdivisions for financing needed public facilities in areas determined to be areas of substantial and persistent unemployment under the Area Assistance Act of 1957: Provided, That the Secretary of Commerce certifies there is reasonable probability that with assistance made available under the Area Assistance Act of 1957 and other undertakings such areas will be able to achieve lasting improvement in their economic development; and second, to applications of smaller municipalities for assistance in the construction of basic public works (including works for the storage, treatment, purification, or distribution of water; sewage, sewage treatment, and sewer facilities; and gas distribution systems) for which there is an urgent and vital public need."

SEC. 105. The second sentence of section 701 of the Housing Act of 1954, as amended, is amended by adding the following in clause (2) after the words "decennial census which"; "(i) are situated in areas designated by the Secretary of Labor under the Area Assistance Act of 1957 as areas of substantial and persistent unemployment or (ii)”.

GRANTS FOR TECHNICAL ASSISTANCE

SEC. 106. In carrying out section 101 (a) (1), the Secretary is authorized to make grants for technical assistance including studies evaluating the needs of, and developing potentialities for, economic growth of areas designated under section 102 (a). These grants may be made without regard to section 3648 of the Revised Statutes, as amended (31 U. S. C. 529). Appropriations are hereby authorized for these grants in an amount not to exceed $1,500,000 annually.

LOANS AND PARTICIPATIONS

SEC. 107. (a) In carrying out section 101 (a) (2) of this Act, the Secretary is authorized to purchase evidences of indebtedness and to make loans (including immediate participations therein) to aid in financing any project for the purchase or development of land and facilities for industrial usage, for the construction of new factory buildings, for rehabilitation of abandoned or unoccupied factory buildings, or for the alteration, conversion, or enlargement of any existing buildings for industrial use. Such financial assistance shall not be extended for working capital, for purchase of machinery or equipment, or to assist establishments relocating from one area to another when such assistance will result in substantial detriment to the area of original location by increasing unemployment.

(b) Financial assistance under this section shall be on such terms and conditions as the Secretary determines, subject, however, to the following restrictions and limitations:

(1) The total amount of loans and loan participations (including purchased evidences of indebtedness) outstanding at any one time shall not exceed $50,000,000;

(2) Such assistance shall be extended only to applicants, both private and public, approved by the State (or any agency or instrumentality thereof concerned with problems of economic development) in which the project to be financed shall be located;

(3) No such assistance shall be extended hereunder unless the financial assistance applied for is not otherwise available from private lenders or other Federal agencies on reasonable terms;

(4) No loan shall be made unless it is determined that an immediate participation is not available;

(5) No evidences of indebtedness shall be purchased and no loans shall be made unless it is determined that there is a reasonable assurance of repayment; (6) No loan, including renewals or extension thereof, may be made hereunder for a period exceeding twenty-five years and no evidences of indebtedness maturing more than twenty-five years from date of purchase may be purchased hereunder: Provided, That the foregoing restrictions on maturities shall not apply to securities or obligations received by the Secretary as a claimant in bankruptcy or equitable reorganization or as a creditor in other proceedings attendant upon insolvency of the obligor, or if extension or renewal for additional periods, not to exceed, however, a total of ten years, will aid in the orderly liquidation of such loan or of such evidence of indebtedness;

(7) Such assistance shall not exceed 35 per centum of the aggregate cost to the applicant (excluding all other Federal aid in connection with the undertaking) of acquiring or developing land and facilities, and of constructing, altering, converting, rehabilitating, or enlarging the building or buildings of the particular project and shall, among others, be on the following conditions: (A) That other funds are available in an amount which, together with the assistance provided hereunder, shall be sufficient to pay such aggregate cost; and (B) That not less than 15 per centum of such aggregate cost be supplied by the State or any agency, instrumentality, or political subdivision thereof, or by a community or area organization, as equity capital or as a loan repayable only after the financial assistance hereunder has been repaid in full according to the terms thereof and, if such loan is secured, its security shall be subordinate and inferior to the lien or liens securing the financial assistance hereunder. (8) No such assistance shall be extended unless there shall be submitted and approved by the Secretary an overall program for the economic development of the area and a finding by the State, or any agency, instrumentality, or local political subdivision thereof, that the project for which financial assistance is sought is consistent with such program: Provided, That nothing in this Act shall authorize financial assistance for any project prohibited by laws of the State or local political subdivision in which the project would be located.

AREA ASSISTANCE FUND

SEC. 108. (a) There is hereby authorized to be established in the Treasury of the United States a revolving fund to be known as the area assistance fund (hereinafter referred to as the "fund"), which shall be available to the Secretary for the payment of all obligations and expenses in connection with the functions authorized under section 101 (a) (2).

(b) When requested by the Secretary, advances shall be made to the fund from the appropriations made therefor. There is hereby authorized to be appropriated for the purpose of making advances to the fund, without fiscal year limitation, an amount not exceeding $50,000,000.

(c) Receipts arising from the program authorized by section 101 (a) (2) shall be credited to the fund.

(d) Any moneys in the fund determined by the Secretary to be in excess of current needs shall be credited to the appropriation from which advanced to be held for future advances to the fund.

(e) There shall be paid into miscellaneous receipts of the Treasury at the close of each fiscal year interest on advances to the fund at a rate which shall be determined by the Secretary of the Treasury after taking into consideration the current average market yields of outstanding marketable obligations of the United States having comparable maturities.

91201-57-pt. 1-3

(f) Contributions shall be made from the fund to the civil-service retirement and disability fund, on the basis of annual billings as determined by the Civil Service Commission, for the Government's share of the cost of the civil-service retirement system applicable to employees (and their beneficiaries) performing activities authorized under section 101 (a) (2). Contributions shall also be made to the employee's compensation fund, on the basis of annual billings as determined by the Secretary of Labor, for the benefit payments made from such fund on account of employees performing activities authorized under section 101 (a) (2). The annual billings shall also include a statement of the fair portion of the cost of the administration of the respective funds, which shall be paid by the Secretary into the Treasury as miscellaneous receipts.

BUDGET AND AUDIT

SEC. 109. In the performance of and with respect to the functions, powers, and duties vested in him by section 107 of this Act, the Secretary shall—

(a) prepare annually and submit a budget program as provided for wholly owned Government corporations by the Government Corporation Control Act, as amended; and

(b) maintain a set of accounts which shall be audited annually by the General Accounting Office in accordance with the principles and procedures applicable to commercial transactions, as provided by the Government Corporation Control Act, as amended, and no other audit shall be required: Provided, That the Secretary with respect to the program of financial assistance authorized by section 101 (a) (2) shall determine the character of and the necessity for obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to Government corporations.

AREA ASSISTANCE ADMINISTRATOR

SEC. 110. There shall be appointed by the President, by and with the advice and consent of the Senate, an Area Assistance Administrator, who shall receive compensation at a rate equal to that received by Assistant Secretaries of Commerce. The Administrator shall perform such duties in the execution of this Act as the Secretary may assign,

POWERS

SEC. 111. In the performance of, and with respect to the functions, powers, and duties vested in him under this Act, the Secretary may

(a) adopt, alter, and use a seal, which shall be judicially noticed; and subject to the civil service and classification laws, select, employ, appoint, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary to carry out the provisions of this Act, and define their authority and duties;

(b) hold such hearings, sit and act at such times and places, and take such testimony, as he may deem advisable;

(c) under such regulations as he may prescribe, make such findings and determinations as may be required for the proper administration of this Act and such findings and determinations, together with those required to be made by the Secretary of Labor pursuant to section 102, hereof, shall be final and shall not be subject to review in any court by mandamus or otherwise: Provided, That with respect to the validity, effect, and enforcement of section 101 (a) (2) hereof or security taken thereunder, statutes, rules, and regulations pertaining generally to suits by and against the United States shall be applicable;

(d) under regulations prescribed by him, assign or sell at public or private sale, or otherwise dispose of for cash or credit, in his discretion and upon such terms and conditions and for such consideration as the Secretary shall determine to be reasonable any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with the payment of loans granted under this title, and to collect or compromise all obligations assigned to or held by him and all legal or equitable rights accruing to him in connection with the payment of such loans until such time as such obligation may be referred to the Attorney General for suit or collection;