Page images
PDF
EPUB
[merged small][merged small][ocr errors]

S. Res. 310. Resolution increasing the limit of expenditures for hearings before the Committee on Armed Services.

Mr. HAYDEN, from the Committee on Rules and Administration, to whom was referred the concurrent resolution (S. Con. Res. 90) authorizing the printing of additional copies of the final report and indexes to hearings and reports of the Select Committee on Improper Activities in the Labor or Management Field, reported it with an amendment.

Mr. HAYDEN, from the Committee on Rules and Administration, to whom was referred the resolution (S. Res. 302) to print for the Committee on Labor and Public Welfare a staff report on labormanagement relations on certain Federal projects, reported it with an amendment.

Mr. HAYDEN, from the Committee on Rules and Administration, to whom was referred the resolution (S. Res. 305) providing for a study of the uses of Government licensed media for the dissemination of political opinions, news, and so forth, reported it with an amendment and submitted a report (No. 1342) thereon.

INTRODUCTION OF BILLS AND A JOINT
RESOLUTION

Bills and a joint resolution were introduced, severally read the first and second times by unanimous consent and referred as follows:

By Mr. CASE of South Dakota (for himself, Mr. CHAVEZ, and Mr. HRUSKA):

S. 3524. A bill to provide for a Commission on Presidental Office Space; to the Committee on Public Works.

By Mr. HOLLAND:

S. 3525. A bill to amend title II of the Social Security Act so as to permit the exclusion, in computing the average monthly wage of certain veterans, of certain periods during which they were on active duty with the Armed Forces of the United States; to the Committee on Finance.

By Mr. KEFAUVER:

S. 3526. A bill for the relief of Rene Tibi and Emile Jarmon Tibi; to the Committee on the Judiciary.

By Mr. MAGNUSON (by request): S. 3527. A bill to amend section 1114 of title 18 of the United States Code for the protection of members, officers, and employees of the Interstate Commerce Commission;

S. 3528. A bill to amend the Communications Act of 1934 in order to provide the Federal Communications Commission with certain additional authority in enforcing the provisions of such act; and

S. 3529. A bill to amend section 302(e) of the Federal Aviation Act of 1958 (72 Stat. 747), to establish the wartime relationships between the Federal Aviation Agency and the Department of fense; to the Committee on Interstate and Foreign Commerce.

By Mr. KEATING (for himself and Mr. JAVITS):

S. 3530. A bill to authorize the Attorney General to maintain records of fraudulent and other unethical business

practices; to the Committee on the Judiciary.

By Mr. FONG:

S. 3531. A bill for the relief of Ok Soon Choi; to the Committee on the Judiciary.

By Mr. MAGNUSON (for himself and Mr. JACKSON):

S. 3532. A bill to provide for the striking of medal in commemoration of Century 21 Exposition to be held in Seattle, Wash.; to the Committee on Banking and Currency.

By Mr. YOUNG of North Dakota: S. 3533. A bill to protect farm and ranch operators making certain land use changes under the Great Plains conservation program against loss of acreage allotments; to the Committee on Agriculture and Forestry.

[blocks in formation]

On motion by Mr. YARBOROUGH, and by unanimous consent,

Ordered, That the name of Mr. Moss be added as a coauthor of the bill (S. 3481) to amend the National Defense Education Act of 1958 in order to make student loans under title II of such act available to teachers attending summer sessions in institutions of higher education.

ELIZABETH M. HICKEY, EDWARD D. MURPHY, AND WALTER D. MURPHY

Mr. HAYDEN, from the Committee on Rules and Administration, reported the following resolution (S. Res. 312); which was placed on the calendar:

Resolved, That the Secretary of the Senate hereby is authorized and directed to pay, from the contingent fund of the Senate, to Elizabeth M. Hickey, daughter of James W. Murphy, and Edward D. Murphy and Walter D. Murphy, sons of James W. Murphy, an Official Reporter of Debates and Proceedings of the United States Senate at the time of his death, a sum to each equal to four months' compensation at the rate he was receiving by law at the time of his death, said sum to be considered inclusive of funeral expenses and all other allow

ances.

ILLYENE MARDEN, VERA DAVIS, RAY
M'GUIGAN, AND ART M'GUIGAN

Mr. HAYDEN, from the Committee on Rules and Administration, reported the following resolution (S. Res. 313); which was placed on the calendar:

Resolved, That the Secretary of the Senate hereby is authorized and directed to pay, from the contingent fund of the Senate, to Illyene Marden and Vera

Davis, nieces of John J. Kenney, and Ray McGuigan and Art McGuigan, nephews of John J. Kenney, an employee of the Senate at the time of his death, a sum to each equal to two months' compensation at the rate he was receiving by law at the time of his death, said sum to be considered inclusive of funeral expenses and all other allowances.

MARY A. RUESCH

Mr. HAYDEN, from the Committee on Rules and Administration, reported the following resolution (S. Res. 314); which was placed on the calendar:

Resolved, That the Secretary of the Senate hereby is authorized and directed to pay, from the contingent fund of the Senate, to Mary A. Ruesch, sister of Belva M. Ratchford, an employee of the Senate at the time of her death, a sum equal to seven months' compensation at the rate she was receiving by law at the time of her death, said sum to be considered inclusive of funeral expenses and all other allowances.

ELLA JOHNSON

Mr. HAYDEN, from the Committee on Rules and Administration, reported the following resolution (S. Res. 315); which was placed on the calendar:

Resolved, That the Secretary of the Senate hereby is authorized and directed to pay, from the contingent fund of the Senate, to Ella Johnson, widow of Robert Johnson, an employee of the Architect of the Capitol assigned to duty in the Senate Office Buildings at the time of his death, a sum equal to 6 months' compensation at the rate he was receiving by law at the time of his death, said sum to be considered inclusive of funeral expenses and all other allowances.

CONNIE YOUNG

Mr. HAYDEN, from the Committee on Rules and Administration, reported the following resolution (S. Res. 316); which was placed on the calendar:

Resolved, That the Secretary of the Senate hereby is authorized and directed to pay, from the contingent fund of the Senate, to Connie Young, widow of Charlie A. Young, an employee of the Architect of the Capitol assigned to duty in the Senate Office Buildings at the time of his death, a sum equal to six months' compensation at the rate he was receiving by law at the time of his death, said sum to be considered inclusive of funeral expenses and all other allow

ances.

MARY NELL SISSON

Mr. HAYDEN, from the Committee on Rules and Administration, reported the following resolution (S. 317); which was placed on the calendar:

Resolved, That the Secretary of the Senate hereby is authorized and directed to pay, from the contingent fund of the Senate, to Mary Nell Sisson, widow of W. D. Sisson, an employee of the Senate at the time of his death, a sum equal to three months' compensation at the rate he was receiving by law at the time of his death, said sum to be considered inclusive of funeral expenses and all other allowances.

PRINTING OF 61ST ANNUAL REPORT OF NATIONAL SOCIETY OF THE DAUGHTERS OF THE AMERICAN REVOLUTION AS A SENATE

DOCUMENT

Mr. HAYDEN, from the Committee on Rules and Administration, reported the following resolution (S. Res. 318); which was placed on the calendar:

Resolved, That the sixty-first annual report of the National Society of the Daughters of the American Revolution for the year ended April 1, 1958, be printed, with an illustration, as a Senate document.

PRINTING OF 62D ANNUAL REPORT OF NATIONAL SOCIETY OF THE DAUGHTERS OF THE AMERICAN REVOLUTION AS A SENATE

DOCUMENT

Mr. HAYDEN, from the Committee on Rules and Administration, reported the following resolution (S. Res. 319); which was placed on the calendar:

Resolved, That the sixty-second annual report of the National Society of the Daughters of the American Revolution for the year ended April 1, 1959, be printed, with an illustration, as a Senate document.

AUTHORIZATION TO PRINT A REVISED EDITION OF THE "ELECTION LAW GUIDEBOOK" Mr. HAYDEN, from the Committee on Rules and Administration, reported the following resolution (S. Res. 320); which was placed on the calendar:

Resolved, That a revised edition of Senate Document Numbered 97 of the Eighty-fifth Congress, entitled "Election Law Guidebook," be printed as a Senate document.

MESSAGE FROM THE HOUSE

A message from the House of Representatives by Mr. Bartlett, one of its clerks:

Mr. President: The Speaker of the House of Representatives having signed 31 enrolled bills, viz, H.R. 1217, H.R. 1456, H.R. 1752, H.R. 2082, H.R. 3786, H.R. 3934, H.R. 4562, H.R. 4825, H.R. 5349, H.R. 6083, H.R. 6493, H.R. 6843, H.R. 7226, H.R. 7254, H.R. 7363, H.R. 8280, H.R. 8383, H.R. 8456, H.R. 8672, H.R. 8868, H.R. 8941, H.R. 9084, H.R. 9216, H.R. 9464, H.R. 9476, H.R. 9760, H.R. 9861, H.R. 10045, H.R. 10164, H.R. 10550, and H.R. 11415 and a joint resolution, viz, H.J. Res. 598, I am directed to bring the same to the Senate for the signature of its President.

ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED

The Secretary reported that he had examined and found truly enrolled the following bills and joint resolution:

H.R. 1217. An act to suspend for 2 years the import duty on certain amorphous graphite;

H.R. 1456. An act for the relief of Universal Trades, Inc.;

H.R. 1752. An act for the relief of Wilhelmina Ordonez;

H.R. 2082. An act for the relief of James Demetrios Chrysanthes, also known as James Demetrios Chrysanthacopoulos;

H.R. 3786. An act for the relief of Chan Kit Ying and James George Bainter;

H.R. 3934. An act for the relief of Mrs. E. Christine Williams;

H.R. 4562. An act for the relief of Stanislaw Grzelewski;

HR. 4825. An act for the relief of Jean K. Simmons;

H.R. 5349. An act to provide for the conveyance to Orange County, Calif., of all right, title, and interest of the United States in and to certain real property situated in Orange County, Calif.; H.R. 6083. An act for the relief of Mary V. Jones;

H.R. 6493. An act for the relief of Robert Dolton;

H.R. 6843. An act for the relief of Daniel Wilging;

H.R. 7226. An act for the relief of Mr. Hughie D. Martin and Ione Martin; H.R. 7254. An act for the relief of Simeen Helena Chaghaghi;

H.R. 7363. An act for the relief of Chester A. Spindler;

H.R. 8280. An act for the relief of Clarence T. Tolpo;

H.R. 8383. An act for the relief of Maj. Jack E. Hudson;

H.R. 8456. An act for the relief of Capt. Jack Rubley;

H.R. 8672. An act for the relief of Dr. Deh Chang Tao;

H.R. 8868. An act for the relief of the Albertson Water District, Nassau County, N.Y.;

H.R. 8941. An act for the relief of Mrs. Alice Anderson;

H.R. 9084. An act to repeal certain retirement promotion authority of the Coast and Geodetic Survey;

H.R. 9216. An act for the relief of Daniel C. Turner;

H.R. 9464. An act to remove the requirement that, of the Chief and Deputy Chief of the Bureau of Ships, one must be specially qualified and experienced in naval engineering and the other must be specially qualified and experienced in naval architecture;

H.R. 9476. An act for the relief of George E. Williams and William L. Johnson;

H.R. 9760. An act for the relief of Sam Doolittle;

H.R. 9861. An act to continue for a temporary period the existing suspension of duty on certain istle or Tampico fiber;

H.R. 10045. An act to amend the act entitled "An act to provide better facilities for the enforcement of the customs and immigration laws", to increase the amounts authorized to be expended;

H.R. 10164. An act to change the name of the locks and dam No. 41 on the Ohio River at Louisville, Ky.;

H.R. 10550. An act to extend the Export Control Act of 1949 for 2 additional years;

H.R. 11415. An act to provide for the designation of a portion of the District of Columbia as the "Plaza of the Americas"; and

H.J. Res. 598. Joint resolution to extend the time for filing the final report of the Lincoln Sesquicentennial Commission.

The VICE PRESIDENT thereupon signed the same.

COMMISSION ON FINE ARTS

The VICE PRESIDENT laid before the Senate the amendment heretofore received from the House of Representatives for concurrence to the bill (S. 2778) to amend the act relating to the Commission on Fine Arts.

The Senate proceeded to consider the said amendment: and

On motion by Mr. HAYDEN, Resolved, That the Senate agree thereto.

Ordered, That the Secretary notify the House of Representatives thereof. CONSTRUCTION OF MODERN NAVAL VESSELS On motion by Mr. MANSFIELD, and by unanimous consent,

The Senate resumed the consideration of its unfinished business, viz, the bill (H.R. 10474) to authorize the construction of modern naval vessels; and no amendment being made,

Ordered, That it be engrossed and read a third time.

The said bill was read the third time. Resolved, That it pass and that the title thereof be as aforesaid.

Ordered, That the Secretary notify the House of Representatives thereof. PAYMENTS TO LOCAL GOVERNMENTS IN LIEU OF CERTAIN TAXES

On motion by Mr. MANSFIELD, and by unanimous consent,

The Senate proceeded to consider the bill (S. 910) to authorize the payment to local governments of sums in lieu of taxes and special assessments with respect to certain Federal real property, and for other purposes.

Pending debate,

On the question of agreeing to the reported amendment striking out all after the enacting clause and inserting in lieu thereof other words, Pending debate,

MESSAGE FROM THE HOUSE

A message from the House of Representatives by Mr. Bartlett, one of its clerks:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, viz, H.R. 11713, I am directed to bring the same to the Senate for the signature of its President.

ENROLLED BILL SIGNED

The Secretary reported that he had examined and found truly enrolled the bill (H.R. 11713) to authorize appropriations for the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

The PRESIDENT pro tempore thereupon signed the same.

PAYMENTS TO LOCAL GOVERNMENTS IN LIEU OF CERTAIN TAXES

The Senate resumed the consideration of the bill (S. 910) to authorize the payment to local governments of sums in lieu of taxes and special assessments with respect to certain Federal real property, and for other purposes.

On motion by Mr. MUNDT to amend the committee amendment by inserting

in lieu of the language proposed to be inserted other words,

Pending debate,

On motion by Mr. MUNDT,

The yeas and nays, being desired by one-fifth of the Senators present, were ordered on the question of agreeing to his amendment.

Pending debate,

Mr. MUNDT modified his proposed amendment, by unanimous consent, After debate,

The question being taken on agreeing to the amendment, as modified, proposed by Mr. MUNDT, viz, in lieu of the language proposed to be inserted by the reported amendment as follows:

"That this Act may be cited as the 'Payments to Local Governments Act of 1959'.

"DECLARATION OF POLICY

"SEC. 2. (a) Although the United States is under no constitutional obligation to pay taxes, or to make financial contributions in lieu of taxes, to any State or any political subdivision or instrumentality thereof with respect to any property of the Federal Government, the Congress hereby declares that it is national policy to avoid demonstrable financial hardship upon such local governments caused by the exemption of Federal real property from taxation by local governments.

"(b) It is the purpose of this Act to provide for the conduct of a comprehensive study to ascertain (1) the nature and extent of any continuing need for Federal contributions to those governments to relieve such hardships, and (2) the ways and means whereby any such hardship may be alleviated most effectively and economically. It is further the purpose of this Act to make temporary provision for the relief of those governments from such hardship, pending the completion of that study, by authorizing the making of certain Federal contributions to local governments in lieu of the payment of

"(1) special assessments levied after the effective date of this Act upon real property situated in urban and suburban areas to defray the cost of local public improvements;

"(2) taxes with respect to Federal real property in the custody or control of taxable persons under lease, contract, or permit arrangements, to the extent that taxes with respect to that property are not paid by such taxable persons; and

"(3) taxes upon Federal real property acquired after June 30, 1950, which is in the custody or control of any Federal agency for industrial or commercial use.

"(c) In consideration for the payments authorized by this Act, the Congress expects that the recipients thereof will make all public services normally provided by them available to and with respect to the Federal Government, its property, and its officers and employees and their families, upon the same terms and conditions as such services are made 49100-S J-86-2-18

available to or with respect to other property and individuals.

"DEFINITIONS

"SEC. 3. As used in this Act

"(a) The term 'Federal agency' means any department, agency officer, or independent establishment in the executive branch of the Government of the United States, and any corporation now or hereafter subject to the provisions of the Government Corporation Control Act (31 U.S.C. 846);

"(b) The term 'Federal property' means any real property the legal title to which is held by the United States or any Federal agency;

"(c) The term 'real property' means any interest in land, and any improvement thereon, if such interest or improvement constitutes real property under law in effect within the State in which such property is situated;

"(d) The term 'controlling agency', when used in relation to any Federal property, means the Federal agency which is charged with the duty of administering such property;

"(e) The term 'Board' means the Federal Board for Payments to Local Governments established by this Act;

"(f) The term 'State' means any State of the United States;

"(g) The term 'tax authority' means any county, city, municipality, tax district, or other political subdivision or public entity of any State having authority under the law of such State to levy within its territorial jurisdiction any tax or special assessment upon real property;

"(h) The term 'tax' (except as otherwise specified) means any tax of general application levied according to value by any tax authority upon real property situated within its territorial jurisdiction, but does not include any tax levied upon the manufacture, purchase, sale, transfer, or use of any property or upon any income derived from any property;

"(i) The term 'taxable person' means any individual, partnership, private association, private corporation, or other nongovernmental legal entity;

"(j) The term 'special assessment' means any levy, other than a tax, imposed after the date of enactment of this Act by any tax authority directly upon real property situated within its territorial jurisdiction to defray the cost of any public improvement;

"(k) The term 'public improvement' means any street, road, bridge, sewer, water distribution system, drainage project, or other public improvement undertaken by or on behalf of any tax authority for the benefit of residents of the geographical area over which such tax authority has jurisdiction; and

"(1) The term 'industrial or commercial use', when used in relation to any Federal property, includes any use made of such property for (1) the mining, manufacturing, fabrication, or repair of any article or commodity, (2) the generation of electrical energy, (3) the transportation of individuals or property, (4) the sale or leasing of any property, commodity, or service, and (5) the

storage of property incident to any of the uses heretofore enumerated, but does not include the use of any such property for (A) the housing of individuals for which rent is received, (B) the storage of any agricultural commodity, or (C) any purpose for which the property, if privately owned or used, would by person of its use be exempt from tax under laws applicable within the tax authority of its situs. "FEDERAL BOARD FOR PAYMENTS TO LOCAL GOVERNMENTS

"SEC. 4. (a) There is hereby established the Federal Board for Payments to Local Governments (referred to hereinafter as the 'Board'), which shall be composed of five members appointed by the President, by and with the advice and consent of the Senate, who shall serve at the pleasure of the President. Not more than three members of the Board may be members of the same political party. The President shall designate one member to serve as Chairman of the Board.

"(b) A vacancy in the Board shall not impair the right of the remaining members to exercise all the powers of the Board, and three members shall at all times constitute a quorum. The Board shall have an official seal which shall be judicially noticed.

"(c) Each member of the Board shall receive compensation at the rate prescribed by law for Commissioners of the United States Court of Claims, and no member of the Board may be engaged in any other business, vocation, or employment while serving as such member.

"(d) The Board shall cease to exist on December 31, 1966.

"POWERS AND DUTIES OF THE BOARD "SEC. 5. (a) The Board shall exercise the powers conferred upon it, and perform the duties imposed upon it, by this Act.

"(b) In the performance of its functions under section 6 of this Act, the Board in its discretion from time to time may consult with the Advisory Committee established under section 7 of this Act to receive its advice and recommendations with regard to problems encountered by the Board in the performance of those functions. The Board shall consult from time to time with representatives of tax authorities and State governments, and such other persons as it may deem appropriate, in carrying out the provisions of this Act. The Board is authorized to pay to such representatives and persons, while serving without compensation for purposes of consultation pursuant to this subsection, transportation, and per diem as authorized by section 5 of the Act of August 2, 1946, as amended (5 U.S.C. 73b-2).

"(c) As soon as may be practicable after the end of each period of six calendar months, the Board shall submit to the President for transmittal to the Congress, a report concerning its operations during such period. Each such report shall contain full and complete information concerning the applications received and the payments ordered by

the Board during such period under section 8 of this Act, together with such other information as may be helpful to the Congress in evaluating the operation of this Act and all other provisions of law authorizing the payment of taxes, or the making of payments in lieu of taxes, to States and to tax authorities.

"(d) The Board may make such rules and regulations, not inconsistent with the provisions of this Act, as may be necessary for the performance of its duties, including such uniform rules, regulations, and forms as it shall prescribe for (1) the filing by tax authorities of applications for payments authorized by this Act, (2) the examination of such applications and the conduct of hearings thereon, and (3) the determination of action to be taken upon such applications.

"(e) Subject to the civil-service laws and the Classification Act of 1949, the Board may appoint and fix the compensation of such personnel as may be necessary for the performance of its functions.

"(f) The Board is hereby authorized to procure services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55(a)), at rates not exceeding $50 per day for the personal services of individuals.

"(g) Subject to provisions of law and regulations relating to the classification of information in the interest of national security, the Board is authorized to secure from any Federal agency any information necessary to carry out its functions under this Act, and each Federal agency is authorized to furnish such information to the Board upon request made by the Chairman thereof.

"SURVEYS AND INVESTIGATIONS "SEC. 6. (a) The Board shall conduct a comprehensive comparative survey to determine the nature and effect of

"(1) provisions of law in effect within the several States relating to the taxation of real property by such States and by tax authorities thereof; and

"(2) existing provisions of Federal law providing for

"(A) the payment to any State or to any tax authority thereof of any tax or special assessment with respect to any Federal property or any personal property of any Federal agency;

"(B) the making of any payment to any such government or authority in lieu of the payment of any tax or special assessment with respect to any such property; or

"(C) the rendition of assistance to any State or to any tax authority thereof through the making of grants-in-aid, the sharing of revenues derived from properties of the United States, or through the furnishing of services or facilities by any Federal agency.

"(b) The Board shall conduct a comprehensive study and investigation of the extent to which States and tax authorities thereof derive benefits directly

or indirectly through payments made to them (1) under the provisions of law described in section 6(a) (2); (2) by persons residing or employed upon Federal property; and (3) for or in connection with any property, trade, business, occupation, or transaction situated or occurring upon Federal property.

"(c) The Board shall conduct a comprehensive investigation to determine the extent, if any, to which there is need for additional legislation by the Congress to provide continuing financial assistance for States or tax authorities thereof to relieve hardship incident to the tax-exempt status of Federal property. Such investigation shall include inquiry to determine

"(1) the classes of Federal property, if any, with respect to which any such additional continuing assistance should be granted;

"(2) the nature and extent of any such additional continuing assistance;

"(3) the conditions, if any, under which such additional continuing assistance should be granted;

"(4) the annual cost to the United States for providing such additional continuing financial assistance with respect to each such class of Federal property and with respect to all such classes of Federal property; and

"(5) ways and means whereby States and tax authorities thereof may be accorded effective right to apply personal property taxes in effect within their several jurisdictions to industrial plant equipment, materials, supplies, and inventories owned by taxable persons and used by them for commercial purposes within plant facilities owned or controlled by departments and agencies of the United States Government.

"(d) Within two years after the date of enactment of this Act, the Board shall submit to the President, for transmittal to the Congress a comprehensive report containing

"(1) the text of all provisions of law referred to in subsection (a), together with an analysis of the purpose and effect of each such provision;

"(2) the findings of the Board as to the facts disclosed by its studies and investigations made under subsections (b) and (c) of this section.

"(3) its recommendations as to any additional legislation the need for which has been disclosed by its investigation under subsection (c) of this section;

"(4) a detailed analysis of the relationship between any recommendations so made and the provisions of existing law referred to in paragraph (2) of subsection (a); and

"(5) specific recommendation with respect to the future treatment of properties for which payments are temporarily authorized by title VII of the Federal Property and Administrative Services Act of 1949.

"ADVISORY COMMITTEE

"SEC. 7. (a) The President shall establish an advisory committee on Federal payments to local governments composed

of twelve members appointed by the President of whom six shall be officers or employees of Federal agencies, three shall be representatives of State governments, and three shall be representatives of tax authorities. One member shall be designated by the President to serve as chairman of the committee.

"(b) It shall be the duty of the committee to

"(1) study the administration of this Act and all other Federal legislation authorizing the payment of taxes, or the making of payments in lieu of taxes, by Federal agencies to tax authorities, and problems arising in connection therewith;

"(2) consult with the Board, upon its request, in an advisory capacity in the solution of such problems; and

"(3) transmit from time to time to the Board and to the President for transmittal to the Congress a report containing a summary of the results of its studies, together with its recommendations for administrative or legislative changes which it may consider necessary or desirable for the efficient, economical, and equitable administration of such provisions of law.

"(c) Members of the committee who are officers or employees of any Federal agency shall receive no additional compensation for service rendered under this act. Other members may receive such compensation, not in excess of $50 for each day of service, as the President shall prescribe. All members shall be reimbursed for travel and other expenses necessarily incurred in the performance of their duties under this section in conformity with the provisions of section 5 of the Act of August 2, 1946, as amended (5 U.S.C. 73b-2).

"TEMPORARY AUTHORIZATION FOR PAYMENTS TO

TAX AUTHORITIES

"SEC. 8. (a) Subject to the provisions of sections 9 and 11 of this Act, there is hereby authorized to be paid by any tax authority, upon its application made in conformity with the provisions of section 9 of this Act, for any period such amount as the Board may determine to be equal to the sum of

"(1) the amount which would be payable to such tax authority, with respect to all Federal property situated in any urban or suburban area within the territorial jurisdiction of that tax authority, upon any special assessment levied after the date of enactment of this Act to defray the cost of any public improvement, if such property were owned by a taxable person, except that no such sum shall be payable unless such special assessment in fact was levied upon real property owned by taxable persons;

"(2) the amount of the real property tax which would be payable to such tax authority, with respect to all Federal property situated within the territorial jurisdiction of that tax authority which is in the custody or control of a taxable person pursuant to a lease, contract, or permit executed by a Federal agency, if such property

were owned by a taxable person, diminished by the amount of any real property or other tax measured by the value of such property which is payable by the taxable person having custody or control thereof to such tax authority for such period with respect to that property, or for or on account of the possession or use thereof; and "(3) such amount, if any, as the Board may determine to be payable in conformity with subsection (b) as to all Federal property situated within the territorial jurisdiction of such tax authority which (A) has been first acquired by any Federal agency after June 30, 1950, (B) is in the custody or control of a Federal agency, and (C) is devoted to or held for predominantly industrial or commercial use.

"(b) Subject to the provisions of subsection (c), the sum referred to in subsection (a) (3) shall be a sum equal to

"(1) the nominal Federal liability, which shall be the amount of the real property tax which such tax authority would have been entitled to receive for such period on account of such property if it had been owned by a taxable person; increased by

"(2) the specific Federal liability, which shall be the aggregate amount of the expenditures necessarily incurred by such tax authority during such period in furnishing directly to or on behalf of such property any facilities or services of kinds not customarily furnished by such tax authority to or on behalf of other properties of like class; and diminished by

"(3) the credit against Federal liability, which shall be the aggregate value of governmental services of kinds normally furnished by tax authorities which, during such period, were furnished within the territorial jurisdiction of such tax authority by Federal agencies controlling such property, computed upon the basis of the unit cost incurred by such tax authority in providing like services, or (in the absence of such data) the unit cost incurred therefor by comparable tax authorities in the same vicinity; and further diminished by

"(4) any additional credit against Federal liability, which shall be such sum as the Board may determine to be required to assure equitable treatment of Federal property situated within the territorial jurisdiction of any tax authority which, under State or local law or public policy, grant any exemption or immunity from the payment of any tax of any kind, or any reduction in the rate or amount of any tax paid, with respect to real property of any taxable person as an inducement to such taxable person to engage in industrial or commercial activities within the territorial jurisdiction of such tax authority.

"(c) No payment determined pursuant to subsection (b) to be payable with respect to any Federal property situated within the territorial jurisdiction of any tax authority shall exceed the amount which the Board finds to be equivalent to

the tax which would be payable with respect to such property if it had been developed and used by a taxable person for a similar private industrial or commercial use within the territorial jurisdiction of such tax authority or in nearby comparable communities, as determined by the Board.

"APPLICATIONS AND PROCEDURE FOR DETERMINATION AND PAYMENT

"SEC. 9. (a) Each application made by one or more tax authorities for any payment under section 8 of this Act with respect to one or more parcels of Federal property situated within the territorial jurisdiction of such tax authorities shall specify (1) the Federal property or properties with respect to which claim is made for such payment, (2) the basis upon which such claim is made, and (3) the period of time for which such claim is made.

"(b) Each application made by any tax authority for any payment under this Act shall be for a period not in excess of twelve months, beginning not earlier than January 1, 1960, and ending not later than December 31, 1964. No tax authority may file with the Board more than one application for any period with respect to the same Federal property. Each application for payment for any period must be filed within six months after the end of such period.

"(c) Upon the filing of any application under this Act by one or more tax authorities for any such payment, the Board shall

"(1) examine such application to determine whether it states a probable basis for the making of any such payment:

"(2) if such probable basis is found to exist, conduct a full and fair hearing upon such application;

"(3) upon the basis of evidence received at such hearing, or obtained by such field investigation as the Board may determine to be appropriate, or both, prepare its report in which it shall set forth its findings of fact and its conclusions as to the merits of such application; and

"(4) enter its order thereon, prescribing the amount, if any, awarded to each applicant who joined in such application, and the portion thereof to be paid under this Act by each controlling agency administering real property chargeable in whole or in part for such award.

"(d) Upon the entry of the order of the Board upon any application for any payment under this Act, the Board shall give notice thereof to each tax authority which was a party to such application. Each such order shall become final upon the expiration of a period of sixty days after its entry, unless the Board during such period has granted a rehearing of such application upon request made by any applicant who joined therein. Not more than one rehearing shall be granted upon any application, and any order entered by the Board after a rehearing of any application shall become final upon its entry. A certified copy of each

final order of the Board shall be transmitted (A) to such tax authority joining in the application upon which such order was entered, and (B) to each Federal agency charged thereby with the payment of any part of any award made thereby.

"(e) Upon the certification by the Board to any Federal agency of any final order of the Board awarding to any tax authority any payment under this Act with respect to any Federal property controlled by such agency, such agency shall pay to such tax authority the amount specified in such order.

"(f) Each final order made by the Board under this Act for the payment of any award shall be final and conclusive upon all tax authorities and upon all Federal agencies, unless such order is modified or reversed by a court of competent jurisdiction or is adjudged invalid in whole or in part by the General Accounting Office.

"HEARINGS CONDUCTED BY THE BOARD "SEC. 10. (a) The Board (or any duly authorized member thereof or any examiner duly designated thereby) may conduct any hearing or investigation authorized by this Act; administer oaths and affirmations; examine witnesses and receive evidence at any place in the United States; and require by subpena the attendance and testimony of witnesses, and the production of documentary evidence, relevant to the matter under inquiry. Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States at any designated place of hearing. Witnesses summoned shall be paid the same fees and mileage paid to witnesses in the district courts of the United States.

"(b) in the case of any disobedience by any person to a subpena issued under subsection (a), the Board may invoke the aid of a district court of the United States in requiring the attendance and testimony of such person, or the production of documentary evidence by such person, or both. The district court of the United States for any judicial district within which any such inquiry is conducted may, in the case of the contumacy or refusal of any person to obey a subpena issued under subsection (a), issue an order requiring such person to appear (and to produce documentary evidence if so ordered) and to give evidence relating to the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. For the purposes of this subsection, the order or process of the district court for any judicial district may be served and shall be effective within any other judicial district of the United States.

"(c) Hearings conducted under subsection (a) shall be open to the public. In any such hearing upon any application made under section 9, each applicant shall have the right to present its case with the assistance of counsel; to offer oral or documentary evidence; to submit rebuttal evidence; and to conduct such cross-examination as may be re

« PreviousContinue »