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[79 STAT,

(b) From each State's allotment under this section for any fiscal year the Council shall pay to such State an amount which is not more than 50 per centum of the cost of carrying out its State program approved under section 303, including the cost of training personnel for carrying out such program and the cost of administering such program. STATE PROGRAMS

7 3 Stat. 678. 40 USC 4 6 1. 78 Stat. 897. 16 USC 460/-4 note.

Notice of hearing.

SEC. 303. The Council shall approve any program for comprehensive water and related land resources planning which is submitted by a State, if such program— (1) provides for comprehensive planning with respect to intrastate or interstate water resources, or both, in such State to meet the needs for water and water-related activities taking into account prospective demands for all purposes served through or affected by water and related land resources development, with adequate provision for coordination with all Federal, State, and local agencies, and nongovernmental entities having responsibilities in affected fields; {%) provides, where comprehensive statewide development planning is being carried on with or without assistance under section 701 of the Housing Act of 1954, or under the Land and Water Conservation Fund Act of 1965, for full coordination between comprehensive water resources planning and other statewide planning programs and for assurances that such water resources planning will be in conformity with the general development policy in such State; (3) designates a State agency (hereinafter referred to as the "State agency") to administer the program; (4) provides that the State agency will make such reports in such form and containing such information as the Council from time to time reasonably requires to carry out its functions under this title; (5) sets forth the procedure to be followed in carrying out the State program and in administering such program; and (6) provides such accounting, budgeting, and other fiscal methods and procedures as are necessary for keeping appropriate accountability of the funds and for the proper and efficient administration of the program. The Council shall not disapprove any program without first giving reasonable notice and opportunity for hearing to the State agency administering such program. REVIEW

Noncompliance, e u r t a i l i n g of payment.

SEC. 304. Whenever the Council after reasonable notice and opportunity for hearing to a State agency finds that— (a) the program submitted by such State and approved under section 303 has been so changed that it no longer complies with a requirement of such section; or (b) in the administration of the program there is a failure to comply substantially with such a requirement, the Council shall notify such agency that no further payments will be made to the State under this title until it is satisfied that there will no longer be any such failure. Until the Council is so satisfied, it shall make no further payments to such State under this title.

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SEC. 305. The method of computing and paying amounts pursuant to this title shall be as follows: (1) The Council shall, prior to the beginning of each calendar quarter or other period prescribed by it, estimate the amount to be paid to each State under the provisions of this title for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation, as the Council may find necessary. (2) The Council shall pay to the State, from the allotment available therefor, the amount so estimated by it for any period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which it finds that its estimate of the amount to be paid such State for any prior period under this title was greater or less than the amount which should have been paid to such State for such prior period under this title. Such payments shall be made through the disbursing facilities of the Treasury Department, at such times and in such installments as the Council may determine. DEFINITION

SEC. 306. For the purpose of this title the term "State" means a State, the District of Columbia, Puerto Eico, or the Virgin Islands. RECORDS

SEC. 307. (a) Each recipient of a grant under this Act shall keep such records as the Chairman of the Council shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant, and the total cost of the project or undertaking in connection with which the grant was made and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will f aclitate an effective audit. (b) The Chairman of the Council and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of the grant that are pertinent to the determination that funds granted are used in accordance with this Act. TITLE IV—MISCELLANEOUS AUTHORIZATION OF APPROPRIATIONS

SEC. 401. There are authorized to be appropriated not to exceed $300,000 annually, to carry out the provisions of title I of this Act, not to exceed $6,000,000 annually to carry out the provisions of title II, and not to exceed $400,000 annually for the administration of title III: Provided, That, with respect to title II, not more than $750,000 annually shall be available for any single river basin commission.

Maintenance.

Audit.

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[79 STAT.

RULES A N D REGULATIONS

^ SEC. 402. The Council is authorized to make such rules and regulations as it may deem necessary or appropriate for carrying out those provisions of this Act which are administered by it. DELEGATION OF F U N C T I O N S

SEC. 403. The Council is authorized to delegate to any member or employee of the Council its administrative functions under section 105 and the detailed administration of the grant program under title III. UTILIZATION OF PERSONNEL

SEC. 404. The Council may, with the consent of the head of any other department or agency of the United States, utilize such officers and employees of such agency on a reimbursable basis as are necessary to carry out the provisions of this Act. Approved July 22, 1965. Public Law 89-81 July 23, 1965 [S. 2080]

Coinage Act of

1965

AN ACT To provide for the coinage of the United States. 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 "Coinage Act of 1965". TITLE I — AUTHORIZATION OF A D D I T I O N A L COINAGE

Specifications,

SEC. 101. (a) The Secretary may coin and issue pursuant to this section half dollars or 50-cent pieces, quarter dollars or 25-cent pieces, and dimes or 10-cent pieces in such quantities as he may determine to be necessary to meet the needs of the public. Any coin minted under authority of this section shall be a clad coin the weight of whose cladding is not less than 30 per centum of the weight of the entire coin, and which meets the following additional specifications: (1) The half dollar shall have— (A) a diameter of 1.205 inches; (B) a cladding of an alloy of 800 parts of silver and 200 parts of copper; and (C) a core of an alloy of silver and copper such that the whole coin weighs 11.5 grams and contains 4,6 grams of silver and 6,9 grams of copper. (2) The quarter dollar shall have— (A) a diameter of 0.955 inch; (B) a cladding of an alloy of 75 per centum copper and 25 per centum nickel; and (C) a core of copper such that the weight of the whole coin is 5.67 grams. (3) The dime shall have— (A) a diameter of 0.705 inch; (B) a cladding of an alloy of 75 per centum copper and 25 per centum nickel; and (C) a core of copper such that the weight of the whole coin is 2.268 grams. (b) Half dollars, quarter dollars, and dimes may be minted from 900 fine coin silver only until such date as the Secretary of the Treasury determines that adequate supplies of the coins authorized by this Act

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are available, and in no event later than five years after the date of enactment of this Act. (c) No standard silver dollars may be minted during the five-year period which begins on the date of enactment of this Act. SEC. 102. All coins and currencies of the United States (including Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations), regardless of when coined or issued, shall be legal tender for all debts, public and private, public charges, taxes, duties, and dues. SEC. 103. (a) I n order to acquire equipment, manufacturing facilities, patents, patent rights, technical knowledge and assistance, metallic strip, and other materials necessary to produce rapidly an adequate supply of the coins authorized by section 101 of this Act, the Secretary may enter into contracts upon such terms and conditions as he may deem appropriate and in the public interest. (b) During such period as he may deem necessarj^, but in no event later than five years after the date of enactment of this Act, the Secretary may exercise the authority conferred by subsection (a^ of this section without regard to any other provisions of law governing procurement or public contracts. SEC. 104. The Secretary shall purchase at a price of $1.25 per fine troy ounce any silver mined after the date of enactment of this Act from natural deposits in the United States or any place subject to the jurisdiction thereof and tendered to a United States mint or assay office within one year after the month in which the ore from which it is derived was mined. SEC. 105. (a) Whenever in the judgment of the Secretary such action is necessary to protect the coinage of the United States, he is authorized under such rules and regulations as he may prescribe to prohibit, curtail, or regulate the exportation, melting, or treating of any coin of the United States. (b) Whoever knowingly violates any order, rule, regulation, or license issued pursuant to subsection (a) of this section shall be fined not more than $10,000, or imprisoned not more than five years, or both. SEC. 106. (a) There shall be forfeited to the United States any coins exported, melted, or treated in violation of any order, rule, regulation, or license issued under section 105(a), and any metal resulting from such melting or treating. (b) The powers of the Secretary and his delegates, and the judicial and other remedies available to the United States, for the enforcement of forfeitures of property subject to forfeiture pursuant to subsection (a) of this section shall be the same as those provided in part II of subchapter C of chapter 75 of the Internal Revenue Code of 1954 for the enforcement of forfeitures of property subject to forfeiture under any provision of such Code. SEC. 107. The Secretary may issue such rules and regulations as he may deem necessary to carry out the provisions of this Act. SEC. 108. For the purposes of this title— (1) The term "Secretary" means the Secretary of the Treasury. (2) The term "clad coin" means a coin composed of three layers of metal, the two outer layers being of identical composition and metallurgically bonded to an inner layer. (3) The term "cladding" means the outer layers of a clad coin. (4) The term "core" means the inner layer of a clad coin. (5) A specification given otherwise than as a limit shall be maintained within such reasonable manufacturing tolerances as the Secretary may specify. (6) Specifications given for an alloy are by weight.

Silver doUars, restriction. Legal tender.

Contract authority.

Silver, purchase.

Exportation,, etc., of coins.

Penalty.

Forfeiture of coins.

68A Stat. 869. 26 USC 73217329.

Definitions,

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[79 STAT.

TITLE II—AMENDMENTS TO E X I S T I N G LAW San Francisco assay office, minting of coins.

77 Stat. 129.

Repeal.

Inscriptions on coins.

Repeal, 78 Stat. 908.

Coinage metal fund.

SEC. 201. The first sentence of section 3558 of the Revised Statutes (31 U.S.C. 283) is amended to read: "The business of the United States assay office in San Francisco shall be in all respects similar to that of the assay office of New York except that until the Secretary of the Treasury determines that the mints of the United States are adequate for the production of ample supplies of coins, its facilities may be used for the production of coins." SEC. 202. Section 4 of the Act of August 20, 1063 (Public Law 88-102; 31 U.S.C. 294), is amended by changing "$30,000,000" to read "$45,000,000". SEC. 203. (a) Section 3 of the Act of December 18, 1942 (56 Stat. 1065; 31 U.S.C. 317c), is amended by striking "minor" each place it appears. (b) Section 9 of the Act of March 14, 1900 (31 Stat. 48; 31 U.S.C. 320), is repealed. SEC. 204. (a) Section 3517 of the Revised Statutes (31 U.S.C. 324) is amended to read: "SEC. 3517. Upon one side of all coins of the United States there shall be an impression emblematic of liberty, with an inscription of the word 'Liberty', and upon the reverse side shall be the figure or representation of an eagle, with the inscriptions 'United States of America' and ' E Pluribus Unum' and a designation of the value of the coin; but on the dime, 5-, and 1-cent piece, the figure of the eagle shall be omitted. The motto 'In God we trust' shall be inscribed on all coins. Any coins minted after the enactment of the Coinage Act of 1965 from 900 fine coin silver shall be inscribed with the year 1964. All other coins shall be inscribed with the year of the coinage or issuance unless the Secretary of the Treasury, in order to prevent or alleviate a shortage of coins of any denomination, directs that coins of that denomination continue to be inscribed with the last preceding year inscribed on coins of that denomination, except that coins produced under authority of sections 101(a)(1), 101(a)(2), and 101(a)(3) of the Coinage Act of 1965 shall not be dated earlier than 1965. No mint mark may be inscribed on any coins during the five-year period beginning on the date of enactment of the Coinage Act of 1965, except that coins struck at the Denver mint as authorized by law prior to such date may continue to be inscribed with that mint mark." (b) The Act of September 3, 1964 (Public Law 88-580; 31 U.S.C. 324 note), is repealed. SEC. 205. The first sentence of section 3526 of the Revised Statutes (31 U.S.C. 335) is amended to read: "In order to procure bullion for coinage or to carry out the purposes of section 104 of the Coinage Act of 1965, the Secretary of the Treasury may purchase silver bullion with the bullion fund." SEC. 206. (a) Section 3528 of the Revised Statutes (31 U.S.C. 340) is amended to read: "SEC. 3528. The Secretary of the Treasury may use the coinage metal fund for the purchase of metal for coinage. The gain arising from the coinage of metals purchased out of such fund into coin of a nominal value exceeding the cost of such metals shall be credited to the coinage profit fund. The coinage profit fund shall be charged with the wastage incurred in such coinage, with the cost lof distributing such coins, and with such sums as shall from time to time be transferred therefrom to the general fund of the Treasury." (b) The effect of the amendment made by subsection (a) of this section shall be to redesignate the minor coinage metal fund established under section 3528 of the Revised Statutes as the coinage metal fund, and not to authorize the creation of a new fund.

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257

SEC. 207. The second sentence of section 3542 of the Revised Stat- ^J^^*^^^ ^"°^utes (31 U.S.C. 355) is amended by changing ", in the case of the ^"''^* superintendent of melting and refining department, one-thousandth of the whole amount of gold, and one and one-half thousandths of the whole amount of silver delivered to him since the last annual settlement, and in the case of the superintendent of coining department, onethousandth of the whole amount of silver, and one-half thousandth of the whole amount of gold that has been delivered to him by the superintendent" to read "such limitations as the Secretary shall 208. Section 3550 of the Revised Statutes (31 U.S.C. 366) is ^^P'^^repealed. SEC. 209. The second sentence of section 2 of the Act of June 4, Silver excess. 1963 (Public Law 88-36; 31 U.S.C. 405a-l), is amended to read: "The ^^ ^'^'- secretary of the Treasury is authorized to use for coinage, or to sell on such terms and conditions as he may deem appropriate, at a price not less than the monetary value of $1.292929292 per fine troy ounce, any silver of the United States in excess of that required to be held as reserves against outstanding silver certificates." SEC. 210. The last sentence of section 43(b)(1) of the Act of May K«P««I12, 1933 (Public Law 10,73d Congress; 31 U.S.C. 462), is repealed. ^^ ^'^'' ^^^^ SEC. 211. (a) Section 485 of title 18 of the United States Code is ^2 Stat. 708. amended to read: "§485. Coins or bars "Whoever falsely makes, forges, or counterfeits any coin or bar in resemblance or similitude of any coin of a denomination higher than 5 cents or any gold or silver bar coined or stamped at any mint or assay office of the United States, or in resemblance or similitude of any foreign gold or silver coin current in the United States or in aclraal use and circulation as money within the United States; or "Whoever passes, utters, publishes, sells, possesses, or brings into the United States any false, forged, or counterfeit coin or bar, knowing the same to be false, forged, or counterfeit, with intent to defraud any body politic or corporate, or any person, or attempts the commission of any offense described in this paragraph— "Shall be fined not more than $5,000 or imprisoned not more than Penalty. fifteen years, or both." (b) The table of sections at the beginning of chapter 25 of such title is amended by striking SEC.

"485. Gold or silver coins or bars."

and inserting "485. Coins or bars."

SEC. 212. (a) Chapter 17 of title 18 of the United States Code is "sc 331.336. is amended by adding at the end: "§ 337. Coins as security for loans "Whoever lends or borrows money or credit upon the security of such coins of the United States as the Secretary of the Treasury may from time to time designate by proclamation published in the Federal Register, during any period designated in such a procla- p.jfH"^^i,'^R"°"«i"^ mation, shall be fined not more than $10,000 or imprisoned not more Federal Register. than one year, or both." (b) The table of sections at the beginning of such chapter is amended by adding at the end: "337. Coins as security for loans."

(c) The amendments made by this section shall apply only with respect to loans made, renewed, or increased on or after the 31st day after the date of enactment of this Act.

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PUBLIC LAW 89-82-JULY 24, 1965

[79

STAT.

TITLE III — JOINT COMMISSION ON THE C O I N A G E Membership.

Restriction.

Vacancies.

Duties.

Appropriation,

SEC. 301. The President is hereby authorized to establish a Joint Commission on the Coinage to be composed of the Secretary of the Treasury as Chairman; the Secretary of Commerce; the Director of the Bureau of the Budget; the Director of the Mint; the chairman and ranking minority member of the Senate Banking and Currency Committee, and four Members of the Senate, not members of such committee, to be appointed by the President of the Senate; the chairman and ranking mmority member of the House Banking and Currency Committee, and four Members of the House of Representatives, not members of such committee, to be appointed hj the Speaker; and eight public members to be appointed by the President, none of whom shall be associated or identified with or representative of any industry, group, business, or association directly interested as such m the composition, characteristics, or production of the coinage of the United States. SEC. 302. No public official or Member of Congress serving as a member of the Joint Commission shall continue to serve as such after he has ceased to hold the office by virtue of which he became a member of the Joint Commission. Any vacancy on the Joint Commission shall be filled by the choosing of a successor member in the same manner as his predecessor. SEC. 303. The Joint Commission shall study the progress made in the implementation of the coinage program established by this Act, and shall review from time to time such matters as the needs of the economy for coins, the standards for the coinage, technological developments in metallurgy and coin-selector devices, the availability of various metals, renewed minting of the silver dollar, the time when and circumstances under which the United States should cease to maintain the price of silver, and other considerations relevant to the maintenance of an adequate and stable coinage system. I t shall, from time to time, give its advice and recommendations with respect to these matters to the President, the Secretary of the Treasury, and the Congress. SEC. 304. There are authorized to be appropriated to remain available until expended, such amounts as may be necessary to carry out the purposes of this title. Approved July 23, 1965. Public Law 89-82

July 24, 1965 [H. R. 9497]

76 Stat. 621. 7 USC 1336.

<;,

AN ACT To extend the time for conducting the referendum with respect to the national marketing quota for wheat for the marketing year beginning July 1, 1966.

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That section 336 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the following: "Notwithstanding any other provision hereof the referendum with respect to the national marketing quota for wheat for the marketing year beginning July 1, 1966, may be conducted not later than thirty days after adjournment sine die of the first session of the Eighty-ninth Congress.'' Approved July 24, 1965.

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PUBLIC LAW 89-83-JULY 24, 1965

259

Public Law 89-83 AN ACT Tofixthe fees payable to the Patent Office, aucl for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the items numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, respectively, in subsection (a) of section 41, title 35, United States Code, are amended to read as follows: " 1. On filing each application for an original patent, except in design cases, $65; in addition, on filing or on presentation at any other time, $10 for each claim in independent form which is in excess of one, and $2 for each claim (whether independent or dependent) which is in excess of ten. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner. "2. For issuing each original or reissue patent, except in design cases, $100; in addition, $10 for each page (or portion thereof) of .specification as printed, and $2 for each sheet of drawing. "3. In design cases: "a. On filing each design application, $20. "b. On issuing each design patent: For three years and six months, $10; for seven years, $20; and for fourteen years, $30. "4. On filing each application for the reissue of a patent, $65; in addition, on filing or on presentation at any other time, $10 for each claim in independent form which is in excess of the number of independent claims of the original patent, and $2 for each claim (whether independent or dependent) which is in excess of ten and also in excess of the number of claims of the original patent. Errors in f)ayment of the additional fees may be rectified in accordance with regulations of the Commissioner. 5. On filing each disclaimer, $15. "6, On appeal for the first time from the examiner to the Board of Appeals, $50; in addition, on filing a brief in support of the appeal, $50. "7. On filing each petition for the revival of an abandoned application for a patent or for the delayed payment of the fee for issuing each patent, $15. "8. For certificate under section 255 or under section 256 of this title, $15. "9. As available and if in print: For uncertified printed copies of specifications and drawings of patents (except design patents), 50 cents per copy; for design patents, 20 cents per copy; the Commissioner may establish a charge not to exceed $1 per copy for patents in excess of twenty-five pages of drawings and specifications and for plant patents printed in color; special rates for libraries specified in section 13 of this title, $50 for patents issued in one year. The Commissioner may, without charge, provide applicants with copies of specifications and drawings of patents when referred to in a notice under section 132. "10. For recording every assignment, agreement, or other paper relating to the property in a patent or application, $20; where the document relates to more than one patent or application, $3 for each additional item." SEC. 2. Section 41 of title 35, United States Code, is further amended by adding the following subsection: "(c) The fees prescribed by or under this section shall apply to any other Government department or agency, or officer thereof, except that the Commissioner may Avaive the payment of any fee for services

j^jy 24, 1965 [H. R. 418 5] Patent fees.

ee Stat. 79 e.

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IS use 1058.

15 USC 1062.

66 Stat. 803.

PUBLIC LAW 89-83-JULY 24, 1965

[79 STAT.

or materials in cases of occasional or incidental requests by a Government department or agency, or officer thereof." SEC. 3. Section 31 of the Act approved July 5, 1946 (ch. 540, 60 Stat. 427; U.S.C., title 15, sec. 1113), as amended, is amended to read as follows: " (a) The following fees shall be paid to the Patent Office under this Act: " 1. On filing each original application for registration of a mark in each class, $35. "2. On filing each application for renewal in each class, $25; and on filing each application for renewal in each class after expiration of the registration, an additional fee of $5. " 3. On filing an affidavit under section 8(a) or section 8(b) for each class, $10. "4. On filing each petition for the revival of an abandoned application, $15. "5. On filing opposition or application for cancellation for each class, $25. "6. On appeal from the examiner in charge of the registration of marks to the Trademark Trial and Appeal Board for each class, $25. ''7. For issuance of a new certificate of registration following change of ownership of a mark or correction of a registrant's mistake, $15. "8. For certificate of correction of registrant's mistake or amendment after registration, $15. "9. For certifying in any case, $1. "10. For filing each disclaimer after registration, $15. "11. For printed copy of registered mark, 20 cents. "12. For recording every a s s i ^ m e n t, agreement, or other paper relating to the property in a registration or afjplication, $20; where the document relates to more than one application or registration, $3 for each additional item. "13. On filing notice of claim of benefits of this Act for a mark to pe piiblished under section 12(c) hereof, $10. "(b) The Commissioner may establish charges for copies of records, publications, or services furnished by the Patent Office, not specified above. "(c) The Commissioner may refund any sum paid by mistake or in excess." SEC. 4. Section 151 of title 35, United States Code, is amended to read as follows: "§ 151. Issue of patent "If it appears that applicant is entitled to a patent under the law, a written notice of allowance of the application shall be given or mailed to the applicant. The notice shall specify a sum, constituting the issue fee or a portion thereof, which shall be paid within three months thereafter. "Upon payment of this sum the patent shall issue, but if payment is not timely made, the application shall be regarded as abandoned. "Any remaining balance of the issue fee shall be paid within three months from the sending of a notice thereof and, if not paid, the patent shall lapse at the termination of this three-month period. I n calculating the amount of a remaining balance, charges for a page or less may be disregarded. "If any payment required by this section is not timely made, but is submitted with the fee for delayed payment within three months after the due date and sufficient cause is shown for the late payment, it ma}be accepted by the Commissioner as though no abandonment or lapse liad ever occurred."

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261

SEC. 5. Section 154 of title 35, United States Code, is amended by «« ^'^^- 804. inserting the words "subject to the payment of issue fees as provided for in this title," after the words "seventeen years,". SEC. 6. The analysis of chapter 14 of title 35, United States Code, immediately preceding section 151, is amended in the first item thereof by striking out the words "Time of issue of patent" and inserting in lieu thereof "Issue of patent". SEC. 7. (a) This Act shall take effect three months after its Effective date. enactment. (b) Items 1,3, and 4 of section 41(a) of title 35, United States Code, as amended by section 1 of this Act, do not apply in further proceedings in applications filed prior to the effective date of this Act. (c) Item 2 of section 41(a), as amended by section 1 of this Act, and section 4 of this Act do not apply in cases in which the notice of allowance of the application was sent, or in which a patent issued, prior to the effective date; and, in such cases, the fee due is the fe« specified in this title prior to the effective date of this Act. (d) Item 3 of section 31 of the Trademark Act, as amended by section 3 of this Act, applies only in the case of registrations issued and registrations published under the provisions of section 12(c) of the Trademark Act on or after the effective date of this Act. ^° ^^^ ^^f^^^ SEC. 8. Section 266 of title 35, United States Codej is repealed. Repeal. The chapter analysis of chapter 27 of title 35, United States Code, ee Stat. sii. is amended by striking out the following item: "266. Issue of patents without fees to Government employees." SEC. 9. Section 112 of title 35, United States Code, is amended by adding to the second paragraph thereof the following sentence: " A claim may be written in independent or dependent form, and if in dependent form, it shall be construed to include all the limitations of the claim incorporated by reference into the dependent claim." SEC. 10. Section 282 of title 35, United States Code, is amended by ^^^iJi^y!^' deletion of the first paragraph thereof and substituting therefor the following paragraph: "A patent shall be presumed valid. Each claim of a patent (whether in independent or dependent form) shall be presumed valid independently of the validity of other claims; dependent claims shall be presumed valid even though dependent upon an invalid claim. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting it." Approved July 24, 19B5. Public Law 89-84 AN ACT To amend the Act establishing the United States-Puerto Rico Commission on the Status of Puerto Rico.

j^jy 2^^ jggg [S' 2154]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Report to conFebruary 20, 1964 (78 Stat. 17), is amended as follows: Zllloll"" *" (1) In section 4 strike out "the opening day of the second session 48 USC 731 of the Eighty-ninth United States Congress" and insert in lieu thereof "°*^"September 30, 1966". (2) In section 5 strike out "$250,000" and insert in lieu thereof >^propriai.ion. "$465,000". Approved July 24, 1965.

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PUBLIC LAW 89-85-JULY 24, 1965

[79 STAT.

Public Law 89-85 July 24, 1965 [S. 998]

F i s h and Wildlife Act of 1956f amendment.

Interest rate f ormul a.

Conditions for loans.

U.S. citizenship.

41 Stat. 1008. 46 USC 802. Fisheries loan fund, extension. 72 Stat. 1710.

AN ACT To amend section 4 of the Fish and Wildlife Act of 1956 to authorize the Secretary of the Interior to make loans for the financing and refinancing of new and used fishing vessels, and to extend the term during which the Secretary can make fisheries loans under the Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4(a) of the Fish and Wildlife Act of 1956 (70 Stat. 1121), as amended (16 U.S.C. 742c(a)), is further amended to read as follows: " (a) The Secretary of the Interior is authorized, under such rules and regulations and under such terms and conditions as he may prescribe, to make loans for financing or refinancing of the cost of purchasing, constructing, equipping, maintaining, repairing, or operating new or used commercial fishing vessels or gear." SEC. 2. Section 4(b)(1) of the Fish and Wildlife Act of 1956 (70 Stat. 1121), as amended (16 U.S.C. 742c(b)(1)) is amended to read as follows: "(1) Bear an interest rate of not less than (a) a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus (b) such additional charge, if any, toward covering other costs of the program as the Secretary may determine to be consistent with its purpose." SEC. 3. Amend section 4(b) of the Fish and Wildlife Act of 1956 (70 Stat. 1121), as amended (16 U.S.C. 742c(b)) by adding at the end thereof the following: "(4) Loans shall be approved only upon the furnishing of such security or other reasonable assurance of repayment as the Secretary may require considering the objectives of this section which are to upgrade commercial fishing vessels and gear and to provide reasonable financial assistance not otherwise available to commercial fishermen. The proposed collateral for a loan must be of such a nature that, when considered with the integrity and ability of the management, and the applicant's past and prospective earnings, repayment of the loan will be reasonably assured. "(5) The applicant shall possess the ability, experience, resources, and other qualifications necessary to enable him to operate and maintain new or used commercial fishing vessels or gear. "(6) Before the Secretary approves a loan for the purchase or construction of a new or used vessel which will not replace an existing commercial fishing vessel, he shall determine that the applicant's contemplated operation of such vessel in a fishery will not cause economic hardship or injury to the efficient vessel operators already operating in that fishery. " (7) An applicant for a fishery loan must be a citizen of the United States. "(8) The United States citizenship of each applicant shall be established within the meaning of section 2 of the Shipping Act, 1916, as amended, to the satisfaction of the Secretary." SEC. 4. Section 4(c) of the Fish and Wildlife Act of 1956 (70 Stat. 1121), as amended (16 U.S.C. sec. 742c(c)), is amended to read as follows: "(c) There is created a fisheries loan fund, which shall be used by the Secretary as a revolving fund to make loans for financing and refinancing under this section. Any funds received by the Secretary on or before June 30, 1970, in payment of principal or interest on any

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loans so made shall be deposited in the fund and be available for making additional loans under this section. The Secretary shall pay from the fund into the miscellaneous receipts of the Treasury, a t the close of each fiscal year, interest on the cumulative amount of appropriations available as capital to the fund from and after July 1, 1965, less the average undispersed cash balance in the fund during the year. The rate of such interest shall be determined by the Secretary of the Treasury, taking into consideration the average market yield during the month preceding each fiscal year on outstanding Treasury obligations of maturity comparable to the average maturity of loans made from the fund. Interest payments may be deferred with the approval of the Secretary of the Treasury, but any interest payments so deferred shall themselves bear interest. Any funds received in the fisheries loan fund after June 30, 1970, and any balance remaining therein at the close of June 30, 1970 (at which time the fund shall cease to exist), shall be covered into the Treasury as miscellaneous receipts. There is authorized to be appropriated to the fisheries loan fund the sum of $20,000,000 to provide initial capital." SEC. 5. The provisions of this Act shall be effective July 1, 1965. Effective date, funds, Notwithstanding the provisions of section 4(c) of the Fish and Wild- Remaining for life Act of 1956, as amended, any balance remaining in the fisheries availability loan fund at the close of June 30, 1965, shall be available to make loans loans. for the purposes of section 4 of said Act from July 1, 1965, to the close of June 30, 1970. Approved July 24, 1965. Public Law 89-86 AN ACT To amend sections 20a and 214 of the Interstate Commerce Act.

July 24, 1965 [H. R. 5 246]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (^2) s^fedb'^"govern' of section 20a of the Interstate Commerce Act is amended by striking mental bodies, the period at the end and inserting in lieu thereof a colon and the exemption. following: ^Provided, That nothing in this-section is to be construed 49 USC 20a! as applying to securities issued or obligations or liabilities assumed by the United States or any instrumentality thereof, or by the District of Columbia or any instrumentality thereof, or by any State of the United States, or by any political subdivision or municipal corporation of any State, or by any instrumentality of one or more States, political subdivisions thereof, or municipal corporations.". 5 Stat. 1240. SEC. 2. Section 214 of the Interstate Commerce Act is amended by 492 USC 314. striking out the period at the end and inserting in lieu thereof a colon and the following: And provided fiwther, That the provisions of this section shall not apply to the United States or any instrumentality thereof, the District of Columbia, or any instrumentality thereof, any State of the United States or political subdivision or municipal corporation thereof, or any instrumentality of one or more States, political subdivisions thereof, or municipal corporations." Approved July 24, 1965.

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[79 STAT.

Public Law 89-87 July 24, 1965 [S. 956]

Guam and Virgin Islands customs service. Construction authority.

AN ACT To auiend the Act entitled "An Act to provide better facilities for the enforcement of the customs and immigration laws", to extend construction authority for facilities at Guam and the Virgin Islands of the United States (76 Stat. 87; 19 U.S.C. 68).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 26, 1930, as amended (76 Stat. 87; 19 U.S.C. 68), is further amended (1) by inserting after the comma following the word "available" where it appears the first time, the phrase "and for similar purposes in the Virgin Islands of the United States,", and (2) by inserting after the comma following the word "expend", the phrase "and for similar purposes in Guam the Attorney General is hereby authorized to expend,". Approved July 24, 1965. Public Law 89-

July 24, 1965 [H. R. 225]

Veterans. 72 Stat. 110 6, 38 USC 101-111,

" E l i g i b l e recipient."

AN ACT To amend chapter 1 of title 38, United States Code, and incorporate therein specific statutory authority for the Presidential memorial certificate program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 1 of title 38, United States Code, is amended by adding at the end thereof the following: " (a) At the request of the President the Administrator may conduct a program for honoring the memory of deceased veterans, discharged under honorable conditions, by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country's grateful recognition of the veteran'service in the Armed Forces. The award of a certificate to one eligible recipient will not preclude authorization of another certificate if a request is received from some other eligible recipient. " (b) For the purpose of this section an 'eligible recipient' means the next of kin, a relative or friend upon request, or an authorized service representative acting on behalf of such relative or friend." (b) The table of sections at the head of such chapter 1 is amended by adding: "112. Presidential memorial certificate program." Approved July 24, 1965.
 * § 112. Presidential memorial certificate program

Public Law 89July 27, 1965 [H. R. 4526]

64 Stat. 777; 73 Stat. 266.

AN ACT To extend the provisions of title XII of the Merchant Marine Act, 1936, relating to war risk insurance, for an additional five years, ending September 7, 1970.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 1214 of title X II of the Merchant Marine Act, 1936, as amended ( U.S.C. title 46, sec. 1294), is amended by striking out "fifteen years" and inserting in lieu thereof "twenty years". Approved July 27, 1965.

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Public Law 89-90 AN ACT

July 27, 19 65

Making appropriations for the Legislative Branch for the fiscal year ending —L:—iJllLJune 30, 1966, and for other purposes. Be it enacted by the Senate and House of Representatives of the e i ative United States of America in Congress assembled, That the following B rL n g hs lAppropri_ a c sums are appropriated, out of any money in the Treasury not other- luon'ActT igee. wise appropriated, for the Legislative Branch for the fiscal year ending June 30, 1966, and for other purposes, namely: SENATE C03FPEN8ATI0N OF THE VICE PRESIDENT AND SENATORS, MILEAGE OF THE PRESIDENT OF THE SENATE AND SENATORS, AND EXPENSE ALLOWANCES OF THE VICE PRESIDENT AND LEADERS OF THE SENATE COMPENSATION OF THE VICE PRESIDENT AND SENATORS

For compensation of the Vice President and Senators of the United States, $3^285,985. M I L E A G E OF P R E S I D E N T OF THE S E N A T E A N D OF SENATORS

For mileage of the President of the Senate and of Senators, $58,370. E X P E N S E ALLOWANCES OF THE VICE P R E S I D E N T, A N D M A J O R I T Y A N D M I N O R I T Y LEADERS

For expense allowance of the Vice President, $10,000; Majority Leader of the Senate, $2,000; and Minority Leader of the Senate, $2,000; in all, $14,000. SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions and longevity compensation as authorized, which shall be paid from this appropriation without regard to the below limitations, as follows: OFFICE OF THE

VICE

PRESIDENT

For clerical assistance to the Vice President, at rates of compensation to be fixed by him in basic multiples of $5 per month, $155,440. CHAPLAIN

Chaplain of the Senate, $15,000. OFFICE OF THE

SECRETARY

For office of the Secretary, $1,323,000, including $145,000 required for the purposes specified and authorized by section 74b of title 2, United States Code: Provided, That effective July 1, 1965, the Secretary may employ one chief reporter of debates at $24,024.40 gross per annum, seven reporters of debates at $8,880 basic per annum each, one assistant reporter of debates at $6,120 basic per annum, two

49-850 0-66—20

so Stat. 339.

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[79 STAT.

clerks at $4,200 basic per annum each, and six expert transcribers payment" orem^'^' '^^ $^,900 basic per annuHi each: Provided further, That the Secretary gency employees. Is hereafter authorized to obtain, by contract or otherwise, emergency reporters and transcribers as may be necessary, payments therefor to be made from the contingent fund;of the Senate, and that Senate Resolution 196, agreed to August 21, 1961, and Senate Resolution 170, agreed to July 15, 1963, are hereby repealed: Provided further, That effective July 1, 1965, the basic compensation of the assistant to the Majority and the assistant to the Minority may be fixed by the Majority and- Minority Leaders, respectively, at not to exceed $8,160 per annum each. COMMITTEEMPLOYEES

For professional and clerical assistance to standing connnittees and the Select Committee on Small Business, $3,236,145. CONFERENCE COMMITTEES

For clerical assistance to the Conference of the Majority, at rates of compensation to be fixed by the chairman of said committee, $95,980. For clerical assistance to the Conference of the Minority, at rates of compensation to be fixed by the chairman of said committee, $95,980. ADMINISTRATIVE A N D CLERICAL ASSISTANTS TO SENATORS

For administrative and clerical assistants and messenger service for Senators, $15,653,785. OFFICE o r SER(}EANT AT ARMS A N D DOORKEEPER

For office of Sergeant at Arms and Doorkeeper, $3,051,230: Provided., That effective July 1, 1965, the basic per annum compensation of the foreman of skilled laborers shall be $2,340 in lieu of $2,100; the basic per annum compensation of two skilled laborers shall be $2,100 each in lieu of $1,920 each; and the Sergeant at Arms may employ six additional laborers at $1,680 basic per annum each. OFFICES OF THE SECRETARIES* FOR THE MAJORITY A N D THE MINORITY

For the offices of the Secretary for the Majority and-the Secretary for the Minority, $160,885: Provided, T\^^t effective July 1, 1965, the respective Secretaries may fix the basic compensation of the assistant secretary for the Majority and the assistant secretary for the Minority at not to exceed $8,820 per annum each. OFFICES OF THE MAJORITY A N D MINORITY

WHIPS

For four clerical assistants, two for the Majority W h i p and two for the Minority Whip, at rates of compensation to be fixed in basic multiples of $60 per annum by the respective Whips, $17,815 each; in all, $35,630. OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and ext)enses of the Office of the Legislative Counsel of the Senate, $308,000.

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SENATE PROCEDURE

For compiling, preparing, and editing "Senate Procedure", 1964 edition, $4,000, of which amomit $2,000 shall be paid to Charles L. Watkins, Parliamentarian Emeritus of the Senate, and $2,000 shall be paid to Floyd M. Riddick, Parliamentarian of the Senate. CONTINGENT EXPENSES OF THE SENATE SENATE POLICY COMMM^J^ES

For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $197,525 for each such committee; in all, $895,050. AUTOMOBILES A N D M A I N T E N A N C E

For purchase, exchange, driving, maintenance, and operation of four automobiles, one for the Vice President, one for the President P r o Tempore, one for the Majority Leader, and one for the Minority l>eader, $42,540. FI'RNITURE

For service and materials in cleaning and repairing furniture, and for the purchase of furniture, $31,190: Provided. That the furnitui^e purchased is not available from other agencies of the GoAernment. INQUIRIES A N D INVESTIGATIONS

For expenses of inquiries and investigations ordered by the Senate or conducted pursuant to section 134(a) of Public Law 601, Seventyninth Congress, including $392,000 for the Committee on Appropriations, to be available also for the purposes mentioned in Senate Resohition Numbered 193, agreed to October 14, 1943, $4,777,390.

2^us*c*i9(fb*

FOIiDING D O C U M E X r e

For the employment of personnel for folding speeches and pamphlets at a gross rate of not exceeding $2.17 per hour per person, $39,300. MA IL TRA NSPORTA'lTN

For maintaining, exchanging, and equipping.motor vehicles for carrying the mails and for official use of the offices of the Secretary and Sergeant at Arms, $16,560. MLSCELLANKOUS ITEMS

For miscellaneous items, exclusive of labor, $3,222,755 including $246,000, for payment to the Architect of the Capitol in accordance with section 4 of Public Law 87-82, approved July 6, 1961. POSTAGE STAMPS

For postage stamps for the offices of the Secretaries for the Majority and Minority, $140; and for air-mail and special delivery stamps for office of the Secretary, $160; office of the Sergeant at Amis, $125; Senators and the Pi-esident of the Senate, as authorized by law,

H ^^'^ l^l:_^^

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L79 STAT.

$90,400, and the maximum allowance per capita of $610 is increased to $800 for the fiscal year 1966 and thereafter: Provided, That Senators from States partially or wholly west of the Mississippi River shall be allowed an additional $200 each fiscal year; in all, $90,825. STATIONERY (REVOLVING F U N D)

For stationery for Senators and the President of the Senate, $242,400; and for stationery for committees and officers of the Senate, $13,200; in all, $255,600, to remain available until expended. COMMrNICATTON 8

Infra.

For an amount for communications which may be expended interchangeably for payment, in accordance with such limitations and restrictions as may be prescribed by the Committee on Rules and Administration, of charges on official telegrams and long-distance telephone calls made by or on behalf of Senators or the President of the Senate, such telephone calls to be in addition to those authorized by the provisions of the Legislative Branch Appropriation Act, 1947 (60 Stat. 392; 2 U.S.C. 46c, 46d, 46e), as amended, and the First Deficiency Appropriation Act, 1949 (63 Stat. 77: 2 T\S.O. 4 6 d - l), $15,150. ADMINISTRATIVE PROVISK^NS

Long-distance telephone c a l l s. 77 Stat. 8 6 3.

68 Stat. 400; 72 Stat. 442.

Effective July 1, 1965, the paragraph relating to official long-distance telephone calls to and from "Washington, T)istrict of Columbia, under the heading "Contingent Expenses of the Senate" in Public Law 479, Seventy-ninth Congress, as amended (2 U.S.C. 46c), is amended to read as follows: "There shall be paid from the contingent fund of the Senate, in accordance with rules and regulations prescribed by the Committee on Rules and Administration of the Senate, toll charges on not to exceed twenty-four hundred strictly official long-distance telephone calls to and from Washington, District of (\>lumbia, aggregating not more than twelve thousand minutes each fiscal year for each Senator and the Vice Pi'esident of the Ignited States: Frocided^ That not more than twelve hundred calls aggregating not more than six thousand minutes made in the first six months of each fiscal year shall be paid for under this sentence. The toll charges on an additional twelve Imndred such calls aggregating not more than six thousand minutes each fiscal year for each Senator from any State having a population of ten million or more inhabitants shall also be paid from the contingent fund of the Senate: Provided, That not more than six hundred calls aggregating not more than three thousand minutes made in the first six months of eachfisc^alyear shall be paid for under this sentence." Effective July 1, 1965, the paragraph relating to payment of toll charges on official long-distance telephone calls, originating and terminating outside of Washington, District of Columbia, under the heading "Contingent Expenses of the Senate" in Public Law 479, Seventyninth Congress, as amended (2 LT.S.C. 46d), is amended by striking out "$1,800" where it appears therein and inserting in lieu thereof "$2,200". Any Senator niay have the Sergeant at Arms compute his total maximum long-distance telephone allowance. The( minutes and calls allowance shall be computed on a formula at the maximimi rate with all calls considered as being person-to-person from Washington, Dis-

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trict of Columbia, and terminating within the Senator's State. Any Senator or group of Senators may then request the Sergeant at Arms to contract for flat-rate long-distance telephone service such as wide area telephone service. All such contract costs shall be charged against their respective telephone allowances, and in no event shall the total cost of any contract service exceed the allowance of the Senator, or the group of Senators sharing any such service; any excess costs to be hilled to the Senator. No change from the original form of the allowances or from any contract service shall become effective except upon the first of a month. The third paragraph under the heading "Administrative Provi- travel. sions" in the appropriation for the Sena,te in the Legislative Branch Appropriation 'Act, 1959, as amended (2 U.S.C. 43b), is amended by 73^813^401!^' striking out "two" where it first appears therein and inserting in lieu til61*60x

SIX

Effective July 1, 1965, the second paragraph under the heading „e^"s?^^ "^^ "Administrative Provisions" contained in the Legislative Branch Appropriation Act, 1962 (Public Law 87-130, approved August 10, 1961; 2 U.S.C. 127) is amended by inserting at the end thereof the 75 Stat. 323. following: "Two additional mileage payments each fiscal year may be made, under the foregoing, to employees in the offices of Senators from States having a population of ten million or more inhabitants." Effective July 1, 1965, the third paragraph under the heading °"^=^ e^cpenses. "Administrative Provisions" contained in the Legislative Branch Appropriation Act, 1957 (Public Law 624, Eighty-fourth Congress; 2 U.S.C. 53), is amended by striking out "$150^' where it appears ^o Stat. 359. therein and inserting in lieu thereof "$300". stationery allows The le^slative subcommittee of the Committee on Appropriations is ices, report. hereby directed to study the manner in which stationery allowances are utilized, including the commutation thereof, and to make a report on its findings and recommendations to the Standing Committee on Appropriations no later than February 1, 1966. HOUSE OF REPRESENTATIVES SALARIES, MILEAGE FOR THE MEMBERS, AND EXPENSE ALLOWANCE

or

THE S P E A K E R COMPENSATION o r

MEMBERS

For compensation of Members (wherever used herein the term "Member", shall include Members of the House of Representatives and the Resident Commissioner from Puerto Rico), $14,138,975. MILEAGE OF MEMBERS AND EXPENSE ALLOWANCE OF THE SPEAKER

For mileage of Members and expense allowance of the Speaker, as authorized by law, $200,000. SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers and employees, as authorized by law, as follows: OFFICE OF THE SPEAKER

For the Office of the Speaker, $116,700.

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PUBLIC LAW 89-90-JULY 27, 1965 OFFICE OF THE

[79 STAT.

PARIJAMENTARIAN

For the Office of the Parliamentarian, $101,875, including the Parliamentarian and $2,000 for preparing the Digest of the Rnles, as authorized by law. COMPILATION OF PRECEDENTS OF HOUSE OP REPRESENTATIVES

For compiling the precedents of the House of Representatives as hereinafter authorized, $10,000. Lewis Deschler is authorized (during the current and succeeding fiscal years until the work is completed) to compile and prepare for printing the parliamentary preced!ents of the House of Representatives, together with such other materials as may be useful in connection therewith, and an index digest of such precedents and other materials. As so compiled and prepared, such precedents and other materials and index digest shall be printed on such size pages and in such type and format as Lewis Deschler may determine, and in such numbers and for such distribution as may hereafter be provided by law. For the purpose of carrying out such compilation and preparation, Lewis Deschler may (1) subject to the approval of the Speaker, appoint (as employees of the House of Representatives) and fix the compensation (at a per annum rate) of clerical and other personnel, and (2) utilize the services of personnel of the Library of Congress and the Government Printing Office. OFFICE OF THE CHAPLAIX

For the Office of the Chaplain, $15,000. OFFICE OF THE CLERK

For the Office of the Clerk, including $140,750 foi- ihe House Recording Studio, $1,552,000. OFFJCE OF THE.SERGEANT AT AKMS

For the Office of the Sergeant at Arms, including not to exceed twenty police privates on the Capitol Police Board additional to the number otherwise authorized, $1,044,500. OFFICE OF THE 1KH>RKEEPKR

For the Office of Doorkeeper, $1,620,000. OFFICE OF THE POSTMASTER

For the Office of the Postmaster, hicluding $10,525 for employment of substitute messengers and extra services of regular employees when required at the basic salary rate of not to exceed $2,100 per annum each, $512,000. COMMITTEEMPLOYEES

For committee employees, including the Committee on Appropriations, $3,800,000. SPECIAL A N D MINORITY EMPLOYEES

For six minority employees, $112,230. For the office of the majority floor leader, inclu<ling $3,000 for official expenses of the majority leader, $86,600.

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For the office of the minority floor leader, hicluding $3,000 for official expenses of the minority leader, $71,700. For the office of the majority whip, including $11,300 ba«ic Imnpsum clerical assistance, $57,900. For the office of the minority whip, including $11,300 basic lumpsum clerical assistance, $57,900. For two printing clerks, one for the majority caucus room and one for the minority caucus room, to be appointed by the majority and minority leaders, respectively, $15,900. For a technical assistant in the office of the attending physician, to be appointed by the attending physician, subject to the approval of (he Speaker, $14,135. OFFICIAL REPORTERS OF DEBATES

For official leporters of debates, $254,770. OFFICIAL REPORTERS TO COMMITTEES

For official reporters to committees, $256,950. COMMITTEE ON APPROPRIATIONS

For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Keorganization Act, 1946, and to be available for reimbursement to agencies for ser\dces performed, $700,000.

2°us*c*72^i^*

OFFICE OF THE LEGISLATI\TE COUXSEL

For salaries and expenses of the Office of the Legislative Counsel of Uie House, $295,000. MEMBERS* CLERK H I R E

For clerk hire, ne(.'essarily employed by each Member in the discharge of his official and representative duties, $28,500,0<K). CoxTixdEXT E X P E N S E S OF THE H O U S E FURNITURE

For furniture and materials for repairs of the same, including tools and juachinery for furniture repair shops, and for the purchase of 2)acking boxes, $140,000. MISCELLANEOUS ITEMS

For miscellaneous items, exclusive of salaries unless specifically ordered by the House of Representatives, including the sum of $226,000 for payment to the Architect of the Capitol m accordance with section 208 of the Act approved October 9, 1940 (Public Law 812); the exchange, operation, maintenance, and repair of the Clerk's motor vehicles; the exchange, operation, maintenance, and repair of the publications and distribution service motortruck; the exchange, maintenance, operation, and repair of the post office motor vehicles for carrying the mails; not to exceed $5,000 for the purposes authorized

^4 sm. wse.

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[79 STAT.

by section 1 of House Resolution 348, approved June 29, 1961; the sum of $600 for hire of automobile for the Sergeant at Arms; materials for folding; and for stationery for the use of committees, departments, and officers of the House; $4,123,000. REPORTING HEARINGS

For stenographic reports of hearings of committees other than special and select committees, $223,000, of which such amount as may be necessary may be transferred to the appropriation under this heading for the fiscal year 1965. SPECIAL A N D SELECT COMMITTEES

For salaries and expenses of special and select committees authorized by the House, $4,500,000, of which such amount as may be necessary may be transferred to the appropriation under this heading for the fiscal year il965. OFFICE OF THE COORDINATOR OF INFORMATION

For salaries and expenses of the Office of the Coordinator of Information, $136,000. TELEGRAPH A N D TELEPHONE

For telegraph and telephone service, exclusive of personal services, $2,400,000. STATIONERY (REVOLVING F U N D)

For a stationery allowance for each Member for the second session of the Eighty-ninth Congress, as authorized by law, $1,046,400, to remain available until expended. ATTENDING P H Y S I C I A N ' S OFFICE

69 Stat. 512.

For medical supplies, equipment, and contingent expenses of the emergency room and for the attending physician and his assistants, including an allowance of $1,500 to be paid to the attending physician in equal monthly installments as authorized by the Act approved June 27, 1940 (54 Stat. 629), and including an allowance of one hundred dollars per month each to five assistants as provided by the House resolutions adopted July 1, 1930, January 20, 1932, November 18, 1940, and May 21, 1959, and Public Law 242, Eighty-fourth Congress, $20,045. POSTAGE STAMP ALLOWANCES

Postage stamp allowances for the second session of the Eighty-ninth Congress, as follows: Postmaster, $400; Clerk, $800; Sergeant at Arms, $600; Doorkeeper, $500; airmail and special-delivery postage stamps for each Member, the Speaker, the majority and minority leaders, the majority and minority whips, and to each standing committee, as authorized by law; $228,550. RE^rtSION OF LAWS

61 Stat. 637.

For preparation and editing of the laws as authorized by 1 U.S.C. 202, 203, 213, $27,000, to be expended under the direction of the Committee on the Judiciary.

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PUBLIC LAW 89-90-JULY 27, 1965 SPEAKER'S AUTOMOBILE

For purchase, exchange, hire, driving, maintenance, repair, and operation of an automooile for the Speaker, $12,200. MAJORITY L E A D E R ' S AUTOMOBILE

For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the majority leader of the House, $12,200. MINORITY L E A D E R ' S AUTOMOBILE

For purchase, exchange, hire, driving, maintenance, repair, and operation of an automobile for the minority leader of the House, $12,200. ADMINISTRATIVE PROVISION

Salaries or wages paid out of the items herein for the House of Representatives shall hereafter be computed at basic rates, plus increased and additional compensation, as authorized and provided by law. JOINT ITEMS For joint committees, as follows: JOINT COMMITTEE ON REDUCTION OF NONESSENTIAL FEDERAL EXPENDITURES

For an amount to enable the Joint Committee on Reduction of Nonessential Federal Expenditures to carry out the duties imposed upon it by section 601 of the Revenue Act of 1941 (55 Stat. 726), to remain available during the existence of the Committee, $35,165, to be disbursed by the Secretary of the Senate. CONTINGENT EXPENSES or

THE SENATE

JOINT BOONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee, $360,000. JOINT COMMITTEE ON ATOMIC ENERGY

For salaries and expenses of the Joint Committee on Atomic Energy, $347,000. JOINT COMMITTEE ON PRINTING

For salaries and expenses of the Joint Committee on Printing, $151,000. CONTINGENT EXPENSES OF THE HOUSE JOINT COMMITTEE ON INTERNAL REVENUE TAXATION

For salaries and expenses of the Joint Committee on Internal Revenue Taxation, $390,000. JOINT COMMITTEE ON IMMIGRATION AND NATIONALITY POLICY

For salaries and expenses of the Joint Committee on Immigration and Nationality Policy, $24,100.

273

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PUBLIC LAW 89-90-JULY 27, 1965 .JOINT C O M M I ' r r E E ON D E F E N S E

64 Stat. 798. 50 USC app. 2061.

[79 STAT.

l'K(iDVCriON

For salaries and expenses of the Joint Committee on Defense Production as authorized by the Defense Production Act of 1950, as amended, $80,000. For other joint items, as follows: CAPrrOL P O L I C E GENERAL E X P E N S E S

For purchasing and supplying unifonns; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including $26 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House, as may be designated by the Chairman of the Board; $50,000. CAPITOL POLICE BOARD

sonnlr."'"^^*'"

tola^.^cf'^te?!^"'^ ment,

55 Stat. 456. 54 Stat. 629.

To enable the Capitol Police Board to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $809,000. Such sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Columbia, and the Commissioners of the District of Columbia are authorized and directed to make such details upon the request of ^^® Board. Personnel so detailed shall, during the period of such detail, serve under the direction and instnictions of the Board and are authorized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other duties as may be assigned by the Board. Reimbursement for salaries and other expenses of such detail persoimel shall be made to the government of the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority in the Legislative Branch Appropriation Act, 1942, and the Second Deficiency Appropria^JQ^ Act, 1940, froui the Metropolitan Police of the District of Columbia shall be deemed a member of such Metropolitan Police during the period or periods of any such detail for all purposes of rank, pay, allowances, privileges, and benefits to the same extent as though such detail had not been made, and at the termination thereof any such person who was a member of such police on July 1, 1940, shall have a status with i*espect to rank, pay, allowances, privileges, and benefits which is not less than the status of such person in such police at the end of such detail: Provided further, That the Commissioners of the District of Columbia are directed (1) to pay the detective captain detailed under the authority of this paragraph his salary as a detective captain plus $1,625 and such increases in basic compensation as may be subsequently provided by law so lon^ as this position is held by the present incumbent, (2) to pay the uniformed lieutenant detailed under the authority of this paragraph and serving as acting captain a salary of the rank of captani plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumpeut, (3) to

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pay the acting deputy chief of police detailed under the authority of this paragraph the salary of the rank of deputy chief of police plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (4) to pay the detective lieutenant detailed under the authority of this paragraph and serving as acting detective captain the salary of the rank of detective captain and such increases in basic compensation as may be subsequently provided by law, and (5) to pay the detective permanently detailed under the authority of this paragraph and serving as acting detective sergeant the salary of the rank of detective sergeant and such increases in basic compensation as may be subsequently provided by law. No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as an officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board: Provided, That the Capitol Police Board is hereby authorized to detail police from the House Office, Senate Office, and Capitol buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds. EDUCATION OF PAGES

For education of congressional pages and pages of the Supreme Court, pursuant to section 243 of the Legislative Keorganization Act, 1946, $85,712, which amount shall be advanced and credited to the applicable appropriation of the District of Columbia, and the Board of Education of the District of Columbia is hereby authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance yvith such rates of compensation as the Board of Education may prescribe.

aVsc^asT*

OFFICIAL M A I L COSTS

For expenses necessary under section 2 of Public Law 286, Eightythird Congress, $6,512,000, to be available immediately. The foregoing amounts under "other joint items" shall be disbursed by the Clerk of the House.

^gtat^** ^^''' 'ag usc^^re?^^* and note.

STATEMENTS OF APPROPRIATIONS

For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the first session of the Eighty-ninth Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriation bills as required by law, $13,000, to be paid to the persons designated by the chairmen of such committees to supervise the work. ARCHITECT OF THE CAPITOL OFFICE OF THE ARCHITECT OF THE CAPITOL SALARIES

For the Architect of the Capitol, Assistant Architect of the Capitol, and Second Assistant Architect of the Capitol and other personal services at rates of pay provided by law, $587,600.

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4x use 5.

PUBLIC LAW 89-90-JULY 27, 1%5

[79 STAT.

Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000. Hereafter the purchase of supplies and equipment and the procurement of services for all branches under the Architect of the Capitol may be made in the open market without compliance with section 3709 Qf ^jjQ Revised Statutes of the United States, as amended, in the manner common among businessmen, when the aggregate amount of the purchase or the service does not exceed $2,500 in any instance. CONTINGENT EXPENSES

To enable the Architect of the Capitol to make surveys and studies and to meet unforeseen expenses in connection with activities under his care, $50,000. CAPITOL BUILDINGS AND GROUNDS CAPITOL B U I L D I N G S

68 Stat. 1114.

For necessary expenditures for the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including improvements, maintenance, repair, equipment, supplies, material, fuel, oil, waste, and appurtenances; furnishings and office equipment; special and protective clothing for workmen; uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); personal and other services; cleaning and repairing works of art, without regard to section 3709 of the Revised Statutes, as amended; purchase or exchange, maintenance and operation of a passenger motor vehicle; purchase of necessary reference books and periodicals; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $1,640,000. CAPITOL GROUNDS

For care and improvement of grounds surrounding the Capitol, the Senate and House Office Buildings, and the Capitol Power P l a n t; personal and other services; care of trees; planting; fertilizers; repairs to pavements, walks, and roadways; waterproof wearing apparel; maintenance of signal lights; and for snow removal by hire of men and equipment or under contract without regard to section 3709 of the Revised Statutes, as amended; $638,000. SENATE OFFICE BUILDINGS

For maintenance, miscellaneous items and supplies, including furniture, furnishings, and equipment, and for labor and material incident thereto, and repairs thereof; for purchase of waterproof wearing apparel, and for personal and other services; including eight attendants at $1,800 each; for the care and operation of the Senate Office Buildings; including the subway and subway transportation systems connecting the Senate Office Buildings with the Capitol; uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); to be expended under the control and supers vision of the Architect of the Capitol; in all, $2,458,700.

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SENATE GARAGE

For maintenance, repairs, alterations, personal nnd other services, and all other necessary expenses, $53,800. HOUSE OFFICE BUILDINGS

For maintenance, including equipment; waterproof wearing apparel; uniforms or allowances therefor as authorized by the Act of September 1, 1954, as amended (5 U.S.C. 2131); prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; miscellaneous items; and for all necessary services; $3,807,000.

^^ ^'^'' i"4. 41 uses.

ACQUISITION OF PROPERTY, CONSTRUCTION, AND E Q l ' i r M E N T, ADDITIONAL HOUSE OFFICE BUILDING

To enable the Architect of the Capitol, under the direction of the House Office Building Commission, to contiinie to provide for the acquisition of property, construction, furnishing and equipment of an additional fireproof office building for the use of the House of Representatives, and other changes and improvements, authorized by the Additional House Office Building Act of 1955 (69 Stat. 41,42), as amended, $12,500,000. CAPITOL POW^ER PLANT

For lighting, heating, and po\ver (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and the grounds about the same, Botanic Garden, Senate garage, and for air-conditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office, Washington City Post Office, and Folger Shakespeare Library, reimbursement for which shall be made and covered into the Treasury; personal and other services, fuel, oil, materials, waterproof wearing apparel, and all other necessary expenses in connection with the maintenance and oi^ration of the plant; $2,752,000. LIBRARY BUILDINGS AND GROINDS STRUCTURAL AND MECHANICAL CARE

For necessary expenditures for mechanical and stiiictural maintenance, including improvements, equipment, supplies, waterproof wearing apparel, and personal and other services, $879,000, of which not to exceed $20,000 shall be available for expenditure without regard to section 3709 of the Revised Statutes, as amended. Not to exceed $265,000 of the unobligated balance of the appropriation under this head for the fiscal year 1964, continued available until June 30, 1965, is hereby continued available until June 30, 1966. FURNITURE AND FURNISHINGS

For furniture, partitionSj screens, shelving, and electriciil work pertaining thereto and I'epaiY's thereof, office and library equipment, apparatus, and lalx>r-S}»ving devices, $274,000.

40 USC 175 note.

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[79 STAT.

BOTANIC GARDEN SALARIES A N D EXPENSES

For all necessary expenses incident to maintaining, operating, repairing, and improving the Botanic Garden and the nurseries, buildings, grounds, collections, and equipment pertaining thereto, including personal services; waterproof wearing apparel; not to exceed $25 for emergency medical supplies; traveling expenses, including bus fares, not to exceed $275; the prevention and eradication of insect and oth^r pests.and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; purchase and exchange of motor trucks; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle: purchase of botanical books, periodicals, and books of refei"ence, not to exceed $100; all under the direction of the Joint Committee on the Library; $467,000. LIBRARY OF CONGRESS SALARIES AND EXPENSES

For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the Library Buildings; special clothing; cleaning, laundering, and repair of uniforms; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $ll,738,000j together with $174,600 to be derived by transfer from the appropriation "Salaries and expenses, National Science Foundation", of which $18,000 shall be retransferred to the appropriaticm "Distribution of catalog cards, salaries and expenses." COPYRIGHT OFFICE SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copvrights, $2,021,000. T-(Ecasr^\TivE REFERENCE SFJIVICE SALARIES AND EXPENSES

60 Stat. 836.

For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended (2 U.S.C. 166), $2,524,000: Provided, That no part of this appropriation may be used to pay any salary or expense m connection with any publication, or preparation of material therefor (except the Digest or Public General Bills), to be issued by the Library o i Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration.

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DISTRIBUTION OP CATALOG CARM SALAKLES AND EXPENSES

For necessary expenses for the preparation and distribution of catalog cards and other publications of the Library, $4,035,000: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments.

i

BOOKS FOR THE GENERAL COLLECTIONS

For necessary expenses (except personal services) for acquiation of books, periodicals, and newspapers, and all other material for the increase of the Library, $780,000, to remain available until expended, including $25,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections. BOOKS FOR THE LAW LIBRARY

For necessary expenses (except personal services) for acquisition of books, legal periodicals, and all other material for the increase of the law library, $125,000, to remain available until expended. BOOKS FOR THE BLIND SALARIES AND EXPENSES

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $2,675,000. yIt^tT'ezo.^ ORGANIZING AND MICROFILMING THE PAPERS OF THE PRESIDENTS SALARIES A N D EXPENSES

For necessary expenses to carry out the provisions of the 'Act of August 16, 1957 (71 Stat. 368), $112,800, to remain available until expended.

2 USC 131 note.

PRESERVATION OF MOTION PICTURES

For expenses necessary for the preservation of motion pictures now in the custody of the Library, $50,000. COLLECTION AND DISTRIBUTION OF LIBRARY MATERIALS (SPECIAL FOREIGN CURRENCY PROGRAM)

For necessary expenses for carrying out the provisions of section 104 (n) of the Agricultural Trade Development and Assistance) Act of 1954, as amended (7 U.S.C. 1704(n)), to remain available until expended, $1,844,900, of which $1,694,000 shall be available for payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United

^^ Stat. 1790.

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[79

STAT.

States: Provided, That this appropriation shall be available to reimbiirse the Depaitment of State for medical services rendered to employees of the Library of Congress stationed abroad. ADMINISTRATIVE PROVISIONS

Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of investigating the loyalty of Library employees; special and temporary services (including employees engaged by the day or hour or m piecework); and services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 60 Stat. 810.

55a).

Not to exceed ten positions in the Library of Congress may be exempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special (qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress. GVP:RNMENT PRINTING OFFICE PRINTING AND BINDING

49 Stat. 1546. g/ltJ^f^'glf • 77 Stat! 343; 56 Stat. 1045.

For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 182); printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 309,,311, 311a); and priiiting and binding of Government publications authorized by j^w to be distributed without charge to the recipients; $20,500,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be availal)le for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. OF F I C ' K O F SrrERINTENDENT OF DO(^l'MENTS SALARIES AND EXPENSES

43 Stat. 658.

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance wath the Act entitled "An Act to regulate and fix rates of pay for employees and officers of the Government Printing Office", approved June 7, ^924 (44 U.S.C. 40^; travel expenses (not to exceed $1,500); price lists and bibliographies; repairs to buildings, elevators, and machinery; and supplying books to depository libraries; $5,829,000: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent neces-

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sary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. GOVERNMENT PRINTING OFFICE REVOLVING F U N D

During the current fiscal year the Government Printing Office revolving fund shall be available for the hire of one passenger motor vehicle and for the purchase of one passenger motor vehicle for replacement only. GENERAL PROVISIONS SEC. 102. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles. SEC. 103. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein or whenever the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and cormnittees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto: Provided further, That the provisions relating to positions and salaries thereof carried in House Resolutions 685 and 904 of the Eighty-eighth Congress and the provisions of House Resolution 831 of said Congress shall be the permanent law with respect thereto: Provided further, That the provisions relating to positions and salaries thereof carried in House Resolutions 127, 248, 258, 312 and 313 of the Eighty-ninth Congress and the provisions of House Resolution 7 of said Congress shall be the permanent law with respect thereto. This Act may be cited as the "I^egislative Branch Appropriation Act, 1966". Approved July 27, 1965.

46 Stat. 32. 2 USC 60 a note.

Short title.

Public Law 89-91 JOINT RESOLUTION T<. anieiul the joint resolution of January 28,11M8, providing for luenJI»er^^hiI) an.l participation by the United States in the South Pacific Coniniissiou.

Rtaolved by the Senate and House of Representatives of the United States of America In Congress assembled, That section 3(a) of the joint resolution entitled "Joint resolution providing for membership and participation by the United States in the South Pacific Commission and authorizing an appropriation therefor", as amended (22 U.S.C. 280b) is hereby amended to read as follows: per fiscal year, for the payment by the United States of its proportionate share of the expenses of the Commission and its auxiliary and subsidiary bodies, as set forth in article X IV of the agreement establishing the South Pacific Commission." Approved July 27, 1965.
 * '(a) such sums as may be required annually, not to exceed $200,000

49-850 0-66—21

July 27, 1965 [S. J. R e s. 71]

South P a c i f i c Commission. U. S. participation. 62 Stat. 15; 78 Stat. 7.

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PUBLIC LAW 89-92-JULY 27, 1965

[79 STAT.

Public Law 89-92 July 27, 1965

^^' ^^^^

arrtte"?b?ang and Advertising Act.

^'^

^ ^ ^

To regulate the labeling of cigarettes, and for other puriHises.

Be if enacted ~by the Senate and Hau-^e of Bepi-eHentat'iveH of the VJted States of Ain^rlca in Congresn a^sfiemMed, That this Act inaj be cited as the "Federal Cigarette Labeling and Advertising Act". DECLARATION OF POLICY

SEC. 2. I t is the policy of the Congress, and the purpose of this Act, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby— (1) the public may be adequately informed that cigarette smoking may be hazardous to health by inclusion of a warning to that effect on each package of cigarettes; and (2) commerce and the national economy may be (A) protected to the maximum extent consistent with this declared policy and (B) not impeded by diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between smoking and health. DEFINITIONS

SEC. 3. As used in this Act— (1) The term "cigarette" means— (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and (B) any roll of tobacco wrapped in any substance containing tobacco which, because of its apjjearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A). (2) The term "commerce" means (A) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island and any place outside thereof; (B) commerce between points in any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Island, but through any place outside thereof; or (C) commerce wholly within the District of Columbia, Guam, the Virgin Islands, American Samoa, Wake Island, Midw^ay Islands, Kingman Reef, or Johnston Island. (3) The term "United States", when used in a geographical sense, includes the several States, the District of C^olumbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, and Johnston Island. (4) The term "package" means a pack, box, cai"ton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed to consumers. (5) The term "person" means an individual, partnership, corporation, or any other business or legal entity.

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(6) The term "'sale or distribution" includes sampling or any other distribution not for sale. LABELING

SEC. 4. It shall be unlawful for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which fails to bear the following statement: ''(^aution: Cigarette Smoking May Be Hazardous to Your Health." Such statement shall be located in a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typograpby, layout, or color with other printed matter on the package. PKEEMFriOX

SEC. 5. (a) No statement relating to smoking and health, other than the statement required by section 4 of this Act, shall be required on any cigarette package. (b) No statement relating to smoking and health shall be required in the advertising of any cigarettes the packages of which are labeled in conformity with the provisions of this Act. (c) Except as is otherwise provided in subsections (a) and (b), nothing in this Act shall be construed to limit, restrict, expand, or otherwise affect, the authority of the Federal Trade Commission with regpect to unfair or deceptive acts or practices in the advertising of cigarettes, nor to affirm or deny the Federal Trade Commission's holding that it has the authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement. (d)(1) The Secretary of Health, Education, and Welfare shall gresT'* ^° ^°"' transmit a report to the Congress not later than eighteen months after the effective date of this Act, and annually thereafter, concerning (A) i'urrent information on the health consequences of smoking and (B) such recommendations for legislation as he may deem appropriate. (2) The Federal Trade Commission shall transmit a report to the ^^^^1°''^^° '"°"" Congress not later than eighteen months after the effective date of this Act, and annually thereafter, concerning (A) the eflFectiveness of cigarette labeling, (B) current practices and methods of cigarette advertising and promotion, and (C) such reconnnendations for legislation as it may deem appropriate. CRIMINAL PENALITY

SEC. H. Any person who violates the provisi<)ns of this Act shall be guilty of a misdemeanor and shall on conviction thereof pe subject to a fine of not more than $10,000. IN.J r N C T I O N l'K(K"EEI>lN(:s

SEC. 7. The several district courts of the United States are invested with jurisdiction, for cause shown, to prevent and restrain violations of this Act upon the application of the Attorney General of the United States acting through the several Ignited States attorneys in their several districts. ClGARE'rrES FOR EXPORT

SEC. 8. Packages of cigarettes manufactured, imported, or packaged (1) for export from the Ignited States or (2) for deliA^ery to a vessel or airt'raft, as supjdies, for consumption beyond the jurisdic-

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[79 STAT.

tion of the internal revenue laws of the United States shall be exempt from the requirements of this Act, but such exemptions shall not apply to cigarettes manufactured, imported, or packaged for sale or distribution to members or units of the Armed Forces of the United States located outside of the United States. SEPARABILITY

SEC. 9, If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. TERMINATION OF PROVISIONS AFFECTING REGULATION OF ADVERTISING

SEC. 10. The provisions of this Act which affect the regulation of advertising shall terminate on July 1, 1969, but such termination shall not be construed as limiting, expanding, or otherwise affecting the jurisdiction or authority which the Federal Trade (commission or any other Federal agency had prior to the date of enactment of this Act. EFFECTIVE DATE

SEC. 11. This Act shall take effect on January 1,19(>. Approved July 27, 1965. Public Law 89-93 July 27, 1965 [H. R. 5242]

^ N ACT rp(j amend paragraph (10) of section 5 of the I n t e r s t a t e Commerce Act so as to change the basis for determining w h e the r a proposed unification or acquisition of control comes within the exemption provided for by such paragraph.

Be it enacted by the Senate and House of Representatives of the Motor carrier United Stdtes of Amevica in Congress assembled, That the first subergers. paragraph of paragraph (10) of section 5 of the Interstate Commerce 54 Stat. 908. Act (49 U.S.C. 5(10)) Is amended to read as follows: "(10) Nothing in this section shall be construed to require the approval or authorization of the Commission in the case of a transaction within the scope of paragraph (2) where the only parties to the trans49 USC 301-327. action are motor carriers subject to part II (but not including a motor carrier controlled by or affiliated with a carrier as defined in section 41 st^^' 474. 1 (3)), and where the aggregate gross operating revenues of such carriers have not exceeded $300,000 for a period of twelve consecutive months ending not more than six months preceding the date of the agreement of the parties covering the transaction." Effective date. gj,^^ £. The amendment made by the first section of this Act shall apply only with respect to agreements entered into on or after the sixtieth day after the date of enactment of this Act. Approved July 27, 1965.

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