PURPOSE OF ACT

SEC. 2. The Congress finds that the pressing needs of cities and metropolitan areas are such that Federal action should be taken to assist in meeting these needs through education, research, technical services, and such other programs as the Congress may later prescribe. The Congress finds also that a number of important Federal programs such as defense activities, grants-in-aid, loans, airport and highway construction, pollution control, and others have a vital impact on local communities and metropolitan areas; and that there is need for a central place in the Federal administrative structure to assess the overall results of these programs, to help coordinate these activities, and to represent the needs of urban areas at the national level.

CREATION OF DEPARTMENT

SEC. 3. (a) In order to accomplish the objectives set forth in section 2, there is hereby established an executive department to be known as the Department of Urban Affairs (hereafter referred to in this Act as the "Department"), at the head of which shall be a Secretary of Urban Affairs (hereafter referred to in this Act as the "Secretary") who shall be appointed by the President, by and with the advice and consent of the Senate. Under the Secretary shall be an Under Secretary and two Assistant Secretaries who shall perform such functions as the Secretary shall prescribe and who shall be appointed in the same manner as the Secretary.

(b) There is hereby created in the Department of Urban Affairs an Urban Advisory Council. The members of this Council shall be appointed by the President upon nomination by the Secretary of Urban Affairs and shall include persons outside the Federal service with broad experience and interest in urban and related problems. The following Federal officials are hereby designated as members ex officio of the Urban Advisory Council: Secretary of Labor, Secretary of Commerce, Secretary of Health, Education, and Welfare. The President may designate other Federal officials as ex officio members of the Council. Members of the Council shall receive no compensation for their services but shall be reimbursed for necessary travel and subsistence expenses as provided in the Travel Expense Act of 1949 as amended. The Council shall meet at the call of the Secretary of Urban Affairs, but not less than twice a year.

FUNCTIONS AND TRANSFERS

SEC. 4. The President shall submit to the Congress reorganization plans providing for the transfer of such functions from officers or agencies of the Executive branch of the Government to the Secretary as the President deems appropriate to assist in accomplishing the purposes of this Act.

COMPENSATION OF PRINCIPAL OFFICERS

SEC. 5. The Secretary, Under Secretary, and Assistant Secretaries shall receive compensation at the rates prescribed for these positions in the other executive departments.

SEAL

SEC. 6. The Secretary shall cause a seal of office to be made for the Department, of such design as the President shall approve, and judicial notice shall be taken thereof.

DELEGATION OF AUTHORITY

SEC. 7. The Secretary may from time to time make such provisions as the Secretary deems appropriate authorizing the performance of any of the functions of the Secretary by any other officer, or by any agency employee, of the Department.

(H.R. 2713 introduced by Congressman Thomas F. Johnson, of Maryland, follows:)

[H.R. 2713, 87th Cong., 1st sess.]

A BILL To establish a commission to study smalltown community problems

Whereas small towns with populations of twenty-five thousand and under, have contributed greatly to the growth of America and aided it in reaching its dominant place in world markets; and

Whereas the continuance of such towns as a stable part of our national economy is essential in the face of the technological advances and the tendency to greater industrial concentration; and

Whereas small towns lack the necessary facilities for research and proper planning in order to combat their many new problems; and Whereas the wholesome family life and community spirit found in small towns has been, and still is, one of the truly important heritages handed down from generation to generation, and is fundamental to a sound American community life that is highly desirable; and

Whereas the Congress of the United States has not created a commission specifically designated to study the problems of smalltown communities: Now therefore

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

ESTABLISHMENT OF THE COMMISSION

SECTION 1. There is hereby established a Commission to be known as the National Advisory Commission on Small Towns-(small towns being designated as those having a population of under twenty-five thousand) hereinafter referred to as the "Commission".

MEMBERSHIP OF THE COMMISSION

SEC. 2. (a) The Commission shall be composed of eleven members to be chosen as follows:

(1) One each from the ten numbered judicial districts of the United States, with the eleventh member "at large", all to be chosen by the President of the United States for a term of four years.

(2) The eleventh member shall be designated by the President as Chairman of the Commission.

(3) No more than six members of the Commission, including the Chairman, shall be of the same political party.

(4) The Vice Chairman shall be chosen by the members of the Commission and shall serve during the term of the then Chairman.

(b) Six members of the Commission shall constitute a quorum, but any lesser number may conduct hearings.

(c) Any vacancy in the Commission shall in no manner affect its powers. It shall be filled in the same manner in which the original appointment was made.

(d) Service of an individual as a member of the Commission or employment of an individual by the Commission as an attorney or expert in any business or professional field, on a full- or part-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of section 281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes (5 U.S.C. 99).

DUTIES OF THE COMMISSION

SEC. 3. (a) The Commission shall make a thorough study of present Federal policies and programs and their relationship to the problems of smalltown areas of the United States for the purpose of determining—

(1) such matters as may be of assistance in helping solve the various problems of, and promoting the economic and social well-being of the Nation's smalltown areas.

(2) investigate present and prospective needs of smalltown areas, with relation to public services, including but not limited to, planning, natural resources, school and recreational requirements, municipal financing, with particular attention given to business expansion, including ways and means of attracting new business to the smalltown areas, and accumulate such data from other agencies and commissions of the Federal Government necessary to expedite aid, to offer advice and research facilities to improve the needs of the said areas.

(3) the extent to which the Federal Government is at present assisting small towns in meeting such needs, and to establish effective liaison between the States' economic and industrial development planning commissions, and their local subdivisions.

(4) the extent to which the Federal Government can make available, through a wider dispersal of Government procurement operations and possible location of Federal facilities.

(5) to what extent a direct allocation of contracts for the component parts of items used in our defense program can be manufactured or fabricated in small towns, to take advantage of the skills and facilities of the small towns in order that their economy be strengthened by earmarking a definite proportion of the several billions of dollars that Congress has and will approve for our national defense program.

(6) together with other matters that may be of benefit to smalltown areas in helping promote their economic and social well-being.

SEC. 3. (b) The Commission shall submit to the President, the Congress, and the Governors of the respective States on or before July 1 of each year, commencing in 1961, its findings and recommendations. The Commission shall make such interim reports as the President from time to time may request, or as the Commission deems appropriate.

POWERS OF THE COMMISSION

SEC. 4. (a) The Commission, or on the authorization of the Commission, any two members thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as the Commission or such subcommittee may deem advisable. Subpenas may be issued under the signature of the Chairman of the Commission, or any duly designated member, and may be served by any person designated by such Chairman or member. The provisions of sections 102 to 104, inclusive, of the Revised Statutes (2 U.S.C. 192–194) shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this section.

(b) The Commission is authorized to receive from any department, agency, or independent instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this Act; and each such department, agency, and instrumentality is authorized and directed to furnish such information to the Commission, upon request made by the Chairman, or the Vice Chairman when acting as Chairman.

APPROPRIATIONS, EXPENSES, AND PERSONNEL

SEC. 5. (a) The members of the Commission shall serve without compensation. (b) There are hereby authorized to be appropriated such amounts as may be necessary to carry out the provisions of this Act.

H.R. 6065 introduced by Congressman William Fitts Ryan, of New York, follows:)

[H.R. 6065, 87th Cong.. 1st sess.]

A BILL To establish a Department of Urban Affairs and prescribe its functions

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

PURPOSE OF ACT

SECTION 1. (a) The Congress finds that the rapidly increasing urbanization of the United States, with its accompanying social and economic changes, creates new, and accentuates existing, problems in fields such as housing, urban renewal, slum clearance, prevention and elimination of urban blight, air and water pollution, water supply, sewage facilities, transportation and traffic control, and many others. As more and more people move to urban areas and the proportion of the population of the United States living in such areas increases, the needs of the urban population, especially in the field of housing, will become increasingly serious. The burdens placed on facilities and services in urban areas by their rapidly increasing population are such that existing facilities and services daily become more inadequate. Ever-increasing efforts are continually required in order to maintain such facilities at current levels, and still greater efforts are required to provide even minimal improvements therein. Further, the growth of urban areas across State lines and the increasing complexity of our society make the problems of urban areas increasingly interstate problems; and the manner in which such problems are dealt with affects the entire Nation.

(b) In view of the foregoing, the Congress finds that the needs of urban areas are so pressing, and have such an impact upon the Nation as a whole, that Federal action is required to assist in meeting the problems of urban areas through housing programs, and through education, research, technical services, and other programs designed to assist in meeting the needs of urban areas.

(c) It is therefore the purpose of this Act to provide for the establishment of a Federal department to represent the needs of urban areas, to act as spokesman for consumer interests, and to serve as a central place for the assessment of the overall results of Federal programs having an impact upon urban areas, and to coordinate such programs.

ESTABLISHMENT OF DEPARTMENT OF URBAN AFFAIRS

SEC. 2. (a) In order to carry out the purpose of this Act, there is hereby established an executive department to be known as the Department of Urban Affairs (hereinafter referred to as the "Department"), at the head of which shall be a Secretary of Urban Affairs (hereinafter referred to as the "Secretary") who shall be appointed by the Pesident, by and with the advice and consent of the Senate. Under the Secretary shall be an Under Secretary, three Assistant Secretaries, and a General Counsel, who shall perform such functions as the Secretary shall prescribe and who shall be appointed in the same manner as the Secretary.

(b) In the absence of the Secretary, or when he is unable to perform the duties of his office, the Under Secretary shall act as Secretary. In the event of the absence of both the Secretary and the Under Secretary, or in case both are unable to perform the duties of the office of Secretary, an Assistant Secretary to be designated by the Secretary shall act as Secretary; or in the absence of designation by the Secretary, the Assistant Secretary who is senior in office shall act as Secretary.

(c) The Secretary, Under Secretary, Assistant Secretaries, and General Counsel shall receive compensation at the rates prescribed for these positions in the other executive departments.

(d) Except to the extent inconsistent with this Act, all provisions of law applicable to executive departments generally shall apply to the Department. (e) The Secretary is authorized to make such expenditures (including expenditures for personal services and rent at the seat of government and elsewhere and for books, periodicals, printing, and binding) as may be necessary to carry out this Act and as may be provided for by the Congress from time to time.

(f) The Secretary shall make at the close of each fiscal year a report to the Congress giving an account of all moneys received and disbursed by him and the Department, describing the work done by the Department, and making such recommendations as he shall deem necessary for the effective performance of the functions and duties of the Department.

(g) There are authorized to be appropriated such sums as may be necessary for the performance of the functions and duties of the Department.

(h) Section 158 of the Revised Statutes of the United States (5 U.S.C. 1) is amended by adding at the end thereof the following:

"Eleventh: The Department of Urban Affairs."

FEDERAL URBAN AFFAIRS COUNCIL

SEC. 3. (a) There shall be in the Department an advisory council known as the Federal Urban Affairs Council. Members of the Council shall be appointed by the President upon nomination by the Secretary from among persons with broad experience and interest in urban and related problems, and may include persons outside the Federal service. The following are hereby designated as members ex officio of the Council: the Secretary of Labor; the Secretary of Commerce; the Secretary of Health, Education, and Welfare; the Secretary of the Treasury; and the Administrator of Veterans' Affairs; and the President may designate other Federal officials as ex officio members of the Council. Members of the Council shall receive no compensation for their services, but shall be reimbursed for necessary travel and subsistence expenses as provided in the Travel Expense Act of 1949. The Council shall meet at the call of the Secretary, but not less than twice a year. The Council shall be concerned with all the urban problems mentioned in this Act, including housing, air and water pollution, transportation, sewage, water supply, urban renewal, and problems of special concern to the consumer.

(b) The Secretary may establish such other advisory councils and committees on urban affairs as he may determine to be desirable and in furtherance of the purpose of this Act. The members of any such council or committee shall be reimbursed for actual travel and subsistence expenses incurred in attending the meetings thereof.

FUNCTIONS AND TRANSFERS

SEC. 4. (a) There are hereby transferred to the Secretary all of the functions of the Housing and Home Finance Agency and the constituent agencies thereof (including all functions of the Administrator and Deputy Administrator of such Agency, the Federal Housing Commissioner, the Public Housing Commissioner, the Urban Renewal Commissioner, the Community Facilities Commissioner, and the Federal National Mortgage Association), together with all personnel, property, records, obligations, commitments, and unexpended balances of apropriations, allocations, and other funds (available or to be made available) of such Agency and its constituent agencies.

(b) All laws relating to the Housing and Home Finance Agency or any of its constituent agencies shall, insofar as such laws are not inapplicable, remain in full force and effect. Any transfer of personnel pursuant to subsection (a) shall be without change in classification or compensation, except that this requirement shall not operate to prevent the adjustment of classification or compensation to conform with the duties to which such transferred personnel may be assigned. All orders, rules, regulations, permits, or other privileges made, issued, or granted in connection with any functions transferred pursuant to subsection (a), and in effect at the time of the transfer, shall continue in effect to the same extent as if such transfer had not occurred, until modified, superseded, or repealed. No suit, action, or other proceeding lawfully commenced by or against such Agency or the Administrator or any other officer thereof, or by or against any such constituent agency or any officer thereof, or by or against any other officer of the United States acting in his official capacity, shall abate by reason of any transfer made pursuant to subsection (a), but the court, on motion or supplemental petition filed at any time within twelve months after such transfer takes effect showing the necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow such suit, action, or other proceeding to be maintained by or against the Department or the Secretary or an officer or organizational entity thereof, as may be appropriate.