that the buildings housing a U.S. Government exhibit be so designed to serve Federal needs for space in the community after the event. The committee cannot stress too strongly its insistence that in the case of HemisFair, this "lipservice" be replaced by vigorous action to assure some permanent benefits to the Federal Government.

It is the lack of any appreciable Federal benefits that has led the committee to add the policy declaration in section 8. Ever since the successful Century 21 Exposition in Seattle, which turned a depressed area of Seattle into a civic center, Congress has been importuned for assistance in similar improvement schemes. HemisFair is patterned on the Century 21 Exposition, which was a creditable and profitable venture. Like Century 21, the private local HemisFair backers expect to be fully repaid from the proceeds of that venture. Likewise, the $30 million bond issue of the city of San Antonio will be used largely for works-highways, bridges, waterways, an exposition hall, and a stadium-that will permanently improve the city. The State of Texas, which is planning to appropriate $10 million in all for its own participation in HemisFair, also has a permanent end use in mind for its facility. In sum, everyone benefits tangibly the local citizens, the city, and the State-except the Federal Government, unless a practical end use for the U.S. structure is found. The committee has come to the conclusion that henceforth Federal assistance for fairs of this type is no longer justified.

These comments are no reflection, of course, on the backers and planners of HemisFair. The committee's observation last year that "HemisFair appears well conceived and vigorously backed by the State and locality" still holds true. The Congress has already "recognized" the event and work on the exposition is well underway.

Under these circumstances, and subject to the proposed amendments, the committee recommends enactment of H.R. 15098.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):

PUBLIC LAW 89-284

AN ACT To provide for participation of the United States in the HemisFair 1968 Exposition to be held at San Antonio, Texas, in 1968, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby recognizes the international exposition, HemisFair 1968 (hereafter in this Act referred to as the "exposition"), which is being held at San Antonio, Texas, in 1968, as an event designed to enhance the existing brotherhood between new world nations, reaffirm common ties, increase understanding, and fortify world peace. The purposes of such exposition are to

(1) honor and display the diversified cultures of Pan America, including the history, art, industry, commerce, and economic development of each of the nations of the Western Hemisphere,

their interrelationships and common ties, and the contributions to their development from Europe, Asia, and Africa;

(2) encourage, coincident with the Olympic Games being held in Mexico City in 1968, tourist travel in and to the United States, stimulate foreign trade, and promote cultural exchanges; and

(3) commemorate the two hundred and fiftieth anniversary of the founding of historic bilingual San Antonio, 'the gateway of Latin America".

SEC. 2. (a) To implement the recognition declared in the first section of this Act, the President, through the Secretary of Commerce, shall cooperate with the State of Texas with respect to, and determine the extent to which the United States shall be a participant in and an exhibitor at, the exposition.

(b) The President is authorized and requested, by proclamation or in such other manner as he may deem proper, to invite the several States of the Union and foreign countries to take part in the exposition. (c) The President is authorized to appoint, by and with the advice and consent of the Senate, a Commissioner for a Federal exhibit at HemisFair 1968 who shall be in the Department of Commerce and receive compensation at the rate prescribed for level V of the Federal Executive Salary Schedule. The Commissioner shall perform such duties in the execution of this Act as the Secretary of Commerce may assign.

SEC. 3. (a) In carrying out his duties under section 2(a) of this Act, the Secretary of Commerce shall establish a planning staff to conduct a study to determine the manner in which and the extent to which the United States shall be a participant in and an exhibitor at the exposition, and to report thereon to the Secretary of Commerce and the President.

(b) (1) The Secretary of Commerce is authorized to appoint, without regard to the civil service laws and the Classification Act of 1949, such consultants and experts as he deems to be necessary to [assist the planning staff established under subsection (a)] carry out the provisions of this Act. Persons so appointed as consultants and experts, who are not otherwise employed by the United States, shall be (A) paid compensation at a rate not to exceed $100 per diem [while engaged in the work of such planning staff]], and (B) reimbursed for travel and other necessary expenses incurred [while so engaged], including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

(2) The Secretary of Commerce is authorized to appoint and fix the compensation of [the members of such planning staff and such secretarial, clerical, and other staff assistants as may be necessary to enable such planning staff to perform its functions,] persons, other than consultants and experts, referred to in (b)(1), who perform functions to carry out the provisions of this Act, without regard to the civil service laws and the Classification Act of 1949, except that no person appointed under this paragraph shall receive compensation at a rate in excess of that received by persons under the Classification Act of 1949 for performing comparable duties.

(3) The Secretary of Commerce is authorized to enter into such contracts as may be necessary to provide for United States participation in the exposition.

(4) The Secretary of Commerce is authorized to erect such buildings and other structures as may be appropriate for the United States participation in the exposition on land (approximately four and five hundred and

ninety-five thousandths acres or more and including land necessary for ingress and egress) conveyed to the United States, in consideration of the participation by the United States in the exposition, and without other consideration. The Secretary of Commerce is authorized to accept title to such land or any interest therein: Provided, however, That the land or interest may be accepted only if the Secretary determines that no term or condition therein will interfere with the use of the property for purposes of the United States or prevent the disposal of the property as hereinafter set out. Any building constructed by the United States Government as a part of its participation in HemisFair shall not be a "public building" under the Public Buildings Act of 1959 (40 U.S.C. 601 et seq.). În the design and construction of such buildings and other structures, consideration, including consultation with the General Services Administration, shall be given to their utility for governmental purposes, needs, or other benefits following the close of the exposition.

(5) The Secretary of Commerce is authorized to incur such other expenses as may be necessary to carry out the purposes of this Act, including but not limited to expenditures involved in the selection, purchase, rental, construction, and other acquisition, of exhibits and materials and equipment therefor and the actual display thereof, and including but not limited to related expenditures for costs of transportation, insurance, installation, safekeeping, maintenance, and operation, rental of space, and dismantling; and to purchase books of references, newspapers, and periodicals.

SEC. 4. The head of each department, agency, or instrumentality of the Federal Government is authorized

(1) to cooperate with the Secretary of Commerce with respect to [determining the manner in which and the extent to which the United States shall be a participant in and an exhibitor at the exposition] carrying out any of the provisions of this Act; and

(2) to make available to the Secretary of Commerce, from time to time, on a reimbursable basis, such personnel as may be necessary to assist the Secretary of Commerce in carrying out his functions under this Act.

SEC. 5 (a) The President shall report to the Congress during the first regular session of Congress which begins after the date of enactment of this Act with respect to (1) the findings derived from the study referred to in section 3, together with such recommendations as the Secretary of Commerce and the President may deem appropriate concerning the most effective manner of representation of the United States at the exposition, and (2) the amount of appropriations which are necessary to accomplish such representation.

(b) The Secretary of Commerce shall report to the Congress within six months after the date of the official close of the exposition on the activities of the Federal Government pursusnt to this Act, including a detailed statement of expenditures. Upon transmission of such report to the Congress, all appointments made under this Act shall terminate, except those which may be extended by the President for such additional period of time as he deems necessary to carry out the purposes of this Act.

SEC. 6. After the close of the exposition, all property purchased or erected with funds provided pursuant to this Act shall be disposed of in accordance with provisions of this Act and with the Federal Property and Administrative Services Act of 1949, and other applicable Federal laws relating to the disposition of excess and surplus property.

SEC. 7. The functions authorized by this Act may be performed without regard to the prohibitions and limitations of the following laws:

(1) That part of section 15 of the Administrative Expenses Act of 1946 (ch. 744, August 2, 1946; 60 Stat. 810), as amended (5 U.S.Č. 55a), which reads "(not in excess of one year)".

(2) Section 16(a) of the Administrative Expenses Act of 1946 (ch. 744, August 2, 1946; 60 Stat. 810; 5 U.S.C. 78) to the extent that it pertains to hiring automobiles.

(3) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), (advance of public moneys).

(4) Sections 302-305 of the Federal Property and Administrative Services Act of 1949 (June 30, 1949, ch. 288, 63 Stat. 393 et seq.), as amended (41 U.S.C. 252-255), (competitive bids; negotiated contracts, advances).

(5) Section 322 of the Act of June 30, 1932 (ch. 314, 47 Stat. 412; 40 U.S.C. 278a) (lease of buildings to Government; maximum rental). (6) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5) (advertisement of proposals for competitive bids).

(7) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of bids).

(8) Section 2 of the Act of March 3, 1933 (ch. 212, 47 Stat. 1520; 41 U.S.C. 10a) (Buy American Act).

(9) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts limited to one year).

(10) The second proviso of section 11 of the Act of March 1, 1919 (ch. 86, 40 Stat. 1270), as amended (44 U.Š.C. 111), to the extent that it pertains to printing by the Government Printing Office.

(11) Section 1 of the Act of June 20, 1878 (ch. 359, 20 Stat. 216), as amended (44 U.S.C. 322)_(rates of payment for advertisements).

(12) Section 3828 of the Revised Statutes (44 U.S.C. 324) (no advertisements without authority).

SEC. [6.] 8. There are hereby authorized to be appropriated not to exceed $125,000 to carry out the provisions of this Act. In addition there are authorized to be appropriated, to remain available until expended, not to exceed $7,500,000, to carry out United States participation in the international exposition HemisFair, 1968.

SEC. 9. (a) No funds made available under this Act shall be expended to provide for United States participation in the exposition, unless the Secretary of Commerce has received satisfactory assurances from the San Antonio Fair, Incorporated, a nonprofit corporation of the State of Texas, that

(1) there is and at all times will be full participation by all segments of the San Antonio community, as evidenced by the membership of the executive committee of such corporation, or any other body thereof which exercises general administrative control and direction with respect to the planning or operation of the exposition, and by such other criteria as the Secretary shall determine to be relevant, and

(2) the public shall be kept fully informed as to the activities of such corporation, and that the activities of such corporation shall at all times, to the maximum extent practicable, be conducted openly, including assurances that the meetings of the executive committee of such corporation, or any other body thereof which exercises general administrative control and direction with respect to the planning or operation of the exposition, will be held in open sessions at regularly

scheduled times and places after public notice of the times and places for such meetings, and such other assurances as the Secretary of Commerce shall determine to be relevant, and

(3) no person shall be an officer, or member, or ex officio member of the executive committee of such corporation who shall have a substantial financial interest in any organization doing business with such corporation or in any personal business arrangement with such corporation or who shall be an elected officer of any political organization, and

(4) historic structures in the area encompassed by the exposition will be preserved to the maximum extent possible.

For the purposes of this subsection (A) the term "metropolitan area of San Antonio" includes the municipal limits of San Antonio and such surrounding areas as the Secretary of Commerce may determine to constitute the metropolitan limits of San Antonio, and (B) the term “substantial financial interest in any organization" includes having a financial interest in any organization through serving as an officer, director, trustee, partner, or executive of such organization, or through negotiating with or having any arrangement concerning prospective employment with such organization, or through holding legal title to or any beneficial interest in or control over more than 5 per centum of the total of issued and subscribed share capital of such organization.

(b) Whenever the Secretary of Commerce, after reasonable notice and opportunity for hearing to the San Antonio Fair, Incorporated, finds that

(1) such corporation will not or cannot make any of the assurances required by subsection (a); or

(2) any assurance given under subsection (a) is not being or cannot be complied with by such corporation,

the Secretary of Commerce shall forthwith notify such corporation that no funds will be made available under this Act to provide for United States participation in the exposition until satisfactory assurances are given as required by subsection (a), or if any construction or other activity has commenced to provide for or carry out United States participation in the exposition, that no further funds will be made available under this Act with respect to such United States participation until the assurances required to be given by subsection (a) are being complied with by such corporation. Until the Secretary of Commerce is given satisfactory assurances as required by subsection (a), or is satisfied that such corporation will comply with such assurances, as the case may be, no funds shall be made available under this Act to provide for United States participation in the exposition other than any funds previously expended for such purposes, and no construction, display, or other activity may be commenced or continued for such purpose.

(c) The action of the Secretary of Commerce or his designee in allowing or denying the expenditure of funds under this Act to provide for United States participation in the exposition shall be final and conclusive for all purposes, except as otherwise provided in subsection (b) and not subject to review by any court by mandamus or otherwise.

S. Rept. 1673, 89-2