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[82 STAT.

DEPARTMENT OF LABOR LABOR M A N A G E M E N T RELATIONS

si Stat. 662.

"Labor-Management Services Administration, salaries and expenses", $25,000, to be derived by transfer from "Office of Manpower Administrator, salaries and expenses", fiscal year 1968; (and release of $232,000 under "Labor-Management Services Administration, salaries and expenses", pursuant to Public Law 90-218). WAGE A N D LABOR STANDARDS

"Wage and Hour Division, salaries and expenses", (release of $580,000 under "Wage and Hour Division, salaries and expenses", pursuant to Public Law 90-218). "Women's Bureau, salaries and expenses", $9,000, to be derived by transfer from "Office of Manpower Administrator, salaries and expenses", fiscal year 1968; (and release of $19,000 for increased pay under "Women's Bureau, salaries and expenses", pursuant to Public Law 90-218). BUREAU OF E M P L O Y E E S '

COMPENSATION

"Salaries and expenses", (Release of $81,000 under "Salaries and expenses", pursuant to Public Law 90-218). BUREAU OF LABOR STATISTICS

"Salaries and expenses", $54,000, to be derived by transfer from "Office of Manpower Administrator, salaries and expenses", fiscal year 1968; (and release of $487,000 under "Salaries and expenses", pursuant to Public Law 90-218). BUREAU OF INTERNATIONAL LABOR AFFAIRS

"Salaries and expenses": (Release of $38,000 pursuant to Public Law 90-218). OFFICE OF THE SOLICITOR

"Salaries and expenses", (Release of $134,000 under "Salaries and expenses", pursuant to Public Law 90-218). OFFICE OF THE SECRETARY

"Salaries and expenses", $45,000, to be derived by transfer from "Office of Manpower Administrator, salaries and expenses",fiscalye^ir 1968, (and release of $103,000 under "Salaries and expenses", pursuant to Public Law 90-218). "Federal contract compliance and civil rights program", $3,000, to be derived by transfer from "Office of Manpower Administrator, salaries and expenses", fiscal year 1968, (and release of $26,000 under "Federal contract compliance and civil rights program", pursuant to Public Law 90-218). "President'is Committee on Consumer Interests", $8,000. POST OFFICE DEPARTMENT (OUT OF POSTAL F U N D)

"Administration and regional operation", $2,000,000. "Operations", $89,000,000, and in addition, $34,000,000 to be derived by transfer from "Transportation"; (and release of $49,181,000 pursuant to Public Law 90-218).

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333

DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN

AFFAIRS

"Salaries and expenses", $2,059,000, to be derived by transfer from amounts reserved in other appropriations pursuant to Public Law 90-218, as follows: "Missions to international organizations", fiscal year 1968, $54,000; "International conferences and contingencies", fiscal year 1968, $163,000; "Operation and maintenance. International Boundary and Water Commission, United States and Mexico", fiscal year 1968, $50,000; _ "American sections, international commissions", fiscal year 1968, $20,000; "International fisheries commissions", fiscal year 1968, $110,000; "Mutual educational and cultural exchange activities", fiscal year 1968, $875,000; "Center for Cultural and Technical Interchange Between East and West", fiscal year 1968, $580,000; "Migration and refuge© assistance", fiscal year 1968, $7,000; and "Rama Road, Nicaragua", $200,000; (and release of $1,911,000 reserved under "Salaries and expenses", pursuant to Public Law 90-218). "Acquisition, operation, and maintenance of buildings abroad": (Release of $61,000 pursuant to Public Law 90-218). INTERNATIONAL ORGANIZATIONS A N D CONFERENCES

"Missions to international organizations": (Release of $85,000 pursuant to Public Law 90-218). "International conferences and contingencies": (Release of $5,000 pursuant to Public Law 90-218). INTERNATIONAL COMMISSIONS

International Boundary and Water Commission, United States and Mexico: "Salaries and expenses": (Release of $23,000 pursuant to Public Law 90-218); "Operation and maintenance": (Release of $20,000 pursuant to Public Law 90-218); "Construction": (Release of $19,000 pursuant to Public Law 90-218); and .. "Chamizal settlement": (Release of $7,'60O pursuant to Public Law 90-218). "American sections, international commissions": (Release of $18,000 pursuant to Public Law 90-218). EDUCATIONAL

EXCHANGE

"Mutual educational and cultural exchange activities": (Release of $263,000 pursuant to Public Kaw 90-218). "Migration and refugee assistance": (Release of $12,000 pursuant to Public Law 90-218).

si Stat. 662.

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[82 STAT.

DEPARTMENT OF TRANSPORTATION OFFICE OF THE

SECRETARY

"Salaries and expenses", $75,000. COAST GUARD

81 Stat. 662.

"Operating expenses", $4,700,000 (and release of $1,000,000 pursuant to Public Law 90-218). "Retired Pay", $199,000. FEDERAL A VI A l l O N

ADMINISTRATION

"Operations", $12,000,000 (and release of $2,000,000 pursuant to Public Law 90-218). "Operation and maintenance. National Capital Airports", $215,000. FEDERAL H I G H W A Y

ADMINISTRATION

"Motor Carrier Safety", $53,000. N A T I O N A L TRANSPORTATION

SAFETY BOARD

"Salaries and expenses", $57,000. TREASURY DEPARTMENT OFFICE OF THE

SECRETARY

"Salaries and expenses": (Release of $232,000 pursuant to Public Law 90-218). B U R E A U OF THE

MINT

"Salaries and expenses", $200,000 (and release of $23,000 pursuant to Public Law 90-218). OFFICE OF THE

TREASURER

"Salaries and expenses": (Release of $160,000 pursuant to Public Law 90-218). GENERAL SERVICES ADMINISTRATION "Operating expenses, Public Buildings Service", $2,215,000. "Operating expenses. Federal Supply Service", $1,096,000. "Operating expenses, National Archives and Records Service", $307,000. "Operating expenses. Transportation and Communications Service", $145,000. "Operating expenses. Property Management and Disposal Service", $272,000.^ "Salaries and expenses. Office of Administrator", $46,000. "Allowances and office facilities for former Presidents", $16,000. VETERANS ADMINISTRATION "Medical administration and miscellaneous operating expenses": (Release of $311,000 pursuant to Public Law 90--218). "Medical and prosthetic research": (Release of $1,077,000 pursuant to Public Law 90-218).

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PUBLIC LAW 90-392-JULY 9, 1968

"Medical care", $4,300,000; (and release of $28,082,000 pursuant to Public Law 90-218). OTHER INDEPENDENT AGENCIES AMERICA N BATTLE MONUMENTS

COMMISSION

"Salaries and expenses": (Release of $16,000 pursuant to Public Law 90-218). CIVIL AERONAUTICS BOARD

"Salaries and expenses", $99,000; (and release of $175,000 pursuant to Public Law 90-218). CIVIL SERVICE

COMMISSION

"Salaries and expenses", $910,000. EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

"Salaries and expenses", $155,000. F A R M CREDIT ADMINISTRATION

"Limitation on administrative expenses" (Increase of $58,000 in the limitation on administrative expenses). FEDERAL COAL M I N E S A F E T Y BOARD O F REVIEW

"Salaries and expenses": (Release of $1,600 purs; i t to Public Law 90-218). FEDERAL C O M M U N I C A T I O N S

COMMISSION

"Salaries and expenses", $70,000: (and release of $462,000 pursuant to Public Law 90-218). FEDERAL H O M E LOAN B A N K BOARD

"Limitation on administrative and nonadministrative expenses. Federal Home Loan Bank Board" (increase of $50,000 in the limitation on administrative expenses). FEDERAL M E D I A T I O N A N D C O N C I L I A T I O N SERVICE

"Salaries and expenses", $26,000; (and release of $184,000 pursuant to Public Law 90-218). FEDERAL POWER

COMMISSION

"Salaries and expenses", $440,000. FEDERAL RADIATION

COUNCIL

"Salaries and expenses": (Release of $2,200 pursuant to Public Law 90-218). FEDERAL TRADE

COMMISSION

"Salaries and expense?", $131,000; (and release of $329,000 pursuant to Public Law 90-218).

335 si Stat. 66 2.

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PUBLIC LAW 90-392-JULY 9, 1968 FOREIGN C L A I M S SETTLEMENT

[82 STAT.

COMMISSION

"Salaries and expenses": (Release of $34,000 pursuant to Public 81 Stat. 662.

Law 90-218). I N D I A N CLAIMS

COMMISSION

"Salaries and expenses": (Release of $15,000 pursuant to Public Law 90-218). ADVISORY COMMISSION O N I N T E R G O V E R N M E N T A L

RELATIONS

"Salaries and expenses": (Release of $13,000 pursuant to Public Law 90-218). I N T E R S T A T E COMMERCE

COMMISSION

"Salaries and expenses", $386,000; (and release of $317,000 pursuant to Public Law 90-218). N A T I O N A L LABOR RELATIONS BOARD

"Salaries and expenses": (Release of $911,000 pursuant to Public Law 90-218). RENEGOTIATION

BOARD

"Salaries and expenses", $51,000; (and release of $30,000 pursuant to Public Law 90-218). SECURITIES AND EXCHANGE

COMMISSION

"Salaries and expenses", $380,000; (and release of $125,000 pursuant to Public Law 90-218). SMITHSONIAN

INSTITUTION

"Salaries and expenses", $427,000. "Salaries and expenses. National Gallery of Art", $28,000. TARIFF

COMMISSION

"Salaries and expenses", $64,000; Cand release of $6,400 pursuant to Public Law 90-218). P U B L I C L A N D L A W REVIEW COMMISSION

"Salaries and expenses": (Release of $20,000 pursuant to Public Law 90-218). UNITED STATES INFORMATION

AGENCY

"Salaries and expenses": (Release of $1,682,000 pursuant to Public Law 90-218). DISTRICT O F COLUMBIA (Out of District of Columbia funds) "Parks and recreation", $353,000. "Highways and traffic", $62,100, of which $32,100 shall be payable from the highway fund. "Sanitary engineering", $709,430, of which $204,650 shall be payable from the water fund, $126,740 from the sanitary sewage works fund, and $1,500 from the metropolitan area sanitary sewage works fund.

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 CHAPTER XXV

ANDY GETS HIS REWARD

swiftly through the air the young inventor and his two companions were soon within sight of Shopton. As they approached the town from over the lake, and a patch of woods, they attracted no attention until they were near home, and the craft settled down easily in the yard of the Swift property.

That the aged inventor was glad to see his son back need not be said, and Mrs. Baggert's welcome was scarcely less warm than that of Mr. Swift. Mr. Sharp and Mr. Damon were also made to feel that their friends were glad to see them safe again.

"We must go at once and see Mr. Pendergast, the bank president," declared Mr. Swift. "We must take the money to him, and demand that he withdraw the offer of reward for your arrest."

"Yes," agreed Tom. "I guess the reward will go to some one besides Andy Foger." Rh

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337

Division of Expenses The sums appropriated in this title for the District of Columbia shall, unless otherwise specifically provided for, be paid out of the general fund of the District of Columbia as defined in the District of Columbia Appropriation Act, 1968.

si Stat. 435.

TITLE III GENERAL PROVISIONS SEC. 301. Except where specifically increased or decreased elsewhere in this Act, the restrictions contained within appropriations, or provisions affecting appropriations or other funds, available during the fiscal year 1968, limiting the amounts which may be expended for personal.services, or for purposes involving personal services, or amounts which may be transferred between appropriations or authorizations available for or involving such services, are hereby increased to the extent necessary to meet increased pay costs authorized by or pursuant to law. SEC. 302. Title II of the Act of December 18, 1967 (Public Law 90-218), shall not apply to the obligational authority provided in *' ^'^*- ^^2. this Act. SEC. 303. (a) Any appropriation for the fiscal year 1969 required to ^j"^J-a^''^^^^f be apportioned pursuant to section 3679 of the Revised Statutes, as creases.^^^ '" amended, may be apportioned on a basis indicating the need (to the 3i use ees. extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted to civilian employees under the provisions of section 212 of Public Law 90-206, and to military personnel under the pro- ^i Stat. 634, visions of section 8 of Public Law 90-207. Each such apportionment ^^5 USC 5304 shall otherwtise be subject to the requirements of section 3679, Revised n°te 37 USC 203 Statutes, as amended. note. (b) The amounts of all temporary appropriations hereafter made for continuing projects or activities in the fiscal year 1969 in advance of final enactment of appropriations therefor, are authorized to be increased to the extent necessary to permit payment of salaries at rates authorized pursuant to section 212 of Public Law 90-206 and section 8 of Public Law 90-207. SEC. 304. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Approved July 9, 1968.

Public Law 90-393 AN ACT

To amend sections 13(b) of the Acts of October 3, 1962 (76 Stat. 698, 7(M), and for other purposes.

July 11, 1968

[s^J03j

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That section 13(b) S. Indians, Dak. of the Act of October 3, 1962 (76 Stat. 698), entitled "An Act to "fnTai Lands. provide for the acquisition of and the payment for individual Indian and tribal lands of the I-K>wer Brule Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation,

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PUBLIC LAW 90-394-JULY 11, 1968

[82 STAT.

social, and economic development of the members of the tribe, and for other purposes", and section 13(b) of the Act of October 3, 1962 (76 Stat. 704), entitled "An Act to provide for the acquisition of and the payment for individual Indian and tribal lands of the Crow Creek Sioux Reservation in South Dakota, required by the United States for the Big Bend Dam and Reservoir project on the Missouri River, and for the rehabilitation, social, and economic development of the members of the tribe, and for other purposes", are hereby amended by striking out the words "within one year after the date of rejection.", and by inserting ", or by the United States to determine just compensation, on or before September 1, 1969." Approved July 11, 1968.

Public Law 90-394 July 11, 1968 [H.R. 15979]

^_Fish and wildInsecticides, etc.^ appropria^"yTstat. 902.

^^ ACT TQ amend section 2 of the Act of August 1, 1958, as amended, in order to prevent or minimize injury to fish and wildlife from the use of insecticides, herbicides, fungicides, and other pesticides.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That seotion_ 2 of the Act of August 1, 1958 (72 Stat. 479), as amended (16 U.S.C. 742d-l note), Is amended to read as follows: "SEC. 2. I n order to carry out the provisions of this Act, there is authorized to be appropriated the sum of $3,500,000 for the fiscal year ending June 30, 1969, and for each of the two fiscal years immediately following such year. Such sums shall remain available until expended." Approved July 11, 1968.

Public Law 90-395 July 11, 1968 [H.J. Res, n i l ]

80 Stat. 826.

JOINT RESOLUTION Granting the consent of Congress to certain additional powers conferred upon the Kansas City Area Transportation Authority by the States of Kansas and Missouri.

Whereas the Congress in consenting to the compact between Kansas and Missouri creating the Kansas City Area Transportation Authority and the Kansas City Area Transportation District in Public Law 599, Eighty-ninth Congress, approved September 21, 1966, provided that no power or powers shall be exercised by the Kansas City Area Transportation Authority under that certain portion of article III of such compact which reads: "11. To perform all other necessary and incidental functions; and to exercise such additional powers as shall be conferred on it by the Legislature of either State concurred in by the legislature of the other and by Act of Congress." unless and until such power or powers shall have been conferred upon the Kansas City Area Transportation Authority by the legislature of one of the States to the compact and concurred in by the legislature of the other and shall have been consented to by the Congress; and Whereas the States of Kansas and Missouri have enacted legislation conferring certain additional powers on said Kansas City Area Transportation Authority by Senate bill numbered 399 of the Kansas Legislature, session of 1967, and Senate bill numbered 266

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PUBLIC LAW 90-396-JULY 11, 1968

339

of the Seventy-fourth General Assembly of the State of Missouri, as follows: "SECTION 1. In further effectuation of that certain compact Additional between the states of Kansas and Missouri heretofore made and entered into on December 28, 1965, the Kansas City Area Transportation Authority of the Kansas City Area Transportation District, created by and under the aforesaid compact, is authorized to exercise the following powers in addition to those heretofore expressly authorized by the aforesaid compact: "(1) To make all appointments and employ all its officers, agents and employees, determine their qualifications and duties and fix their compensation. "(2) To deal with and enter into written contracts with the employees of the Authority through accredited representatives of such employees or representatives of any labor organization authorized to act for such employees, concerning wages, salaries, hours, working conditions, pension or retirement provisions, and insurance benefits. " (3) To provide for the retirement and pensioning of its officers and employees and the widows and children of the deceased officers and employees, and to provide for paying benefits upon disability or death of its officers and employees and to make payments from its funds to provide for said retirements, pensions, and death or disability benefits." Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby Ar^a'rrans^ortaconsents to the additional powers conferred on the Kansas City Area tion Authority. Transportation Authority by Senate bill numbered 399 of the Kansas Legislature, session of 1967, and Senate bill numbered 266 of the Seventy-fourth General Assembly of the State of Missouri. SEC. 2. The right is hereby reserved to the Congress or any committee thereof to require the disclosure and furnishing of such information by the authority as they may deem appropriate and to have access to all books, records, and papers of the authority. SEC. 3. The right to alter, amend, or repeal this joint resolution is expressly r e s e r v ^. Approved July 11, 1968.

Public Law 90-396 AN ACT To provide for the collection, compilation, critical evaluation, publication, and sale of standard reference data.

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

of the

DECLARATION OF POLICY

1. The Congress hereby finds and declares that reliable standardized scientific and technical reference data are of vital importance to the progress of the Nation's science and technology. I t is therefore the policy of the Congress to make critically evaluated reference data readily available to scientists, engineers, and the general public. I t is the purpose of this Act to strengthen and enhance this policy. SECTION

July 11 i95g [H. R. 6279]

Standard Reference Data Act.

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PUBLIC LAW 90-396-JULY 11, 1968

[82 STAT.

DEFINI-flONS

Collection and publication.

Standards, etc. Publication in Federal Register.

Sale. Cost recovery.

31 Stat. 1449; Ante, p. 35. U.S. copyright and renewal rights. 61 Stat. 655; 76 Stat. 446.

Appropriation.

Short title.

SEC. 2. For the purposes of this Act— (a) The term "standard reference data" means quantitative information, related to a measurable physical or chemical property of a substance or system of substances of known composition and structure, which is critically evaluated as to its reliability under section 3 of this Act. (b) The term "Secretary" means the Secretary of Commerce. SEC. 3. The Secretary is authorized and directed to provide or arrange for the collection, compilation, critical evaluation, publication, and dissemination of standard reference data. In carrying out this program, the Secretary shall, to the maximum extent practicable, utilize the reference data services and facilities of other agencies and instrumentalities of the Federal Government and of State and local governments, persons, firms, institutions, and associations, wiith their consent and in such a manner as to avoid duplication of those services and facilities. All agencies and instrumentalities of the Federal Government are encouraged to exercise their duties and functions in such manner as will assist in carrying out the purpose of this Act. This section shall be deemed complementary to existing authority, and nothing herein is intended to repeal, supersede, or diminish existing authority or i^esponsibility of any agency or instrumentality of the Federal Government. SEC. 4. To provide for more effective integration and coordination of standard reference data activities, the Secretary, in consultation with other interested Federal agencies, shall prescribe and publish in the Federal Register such standards, criteria, and procedures for the preparation and publication of standard reference data as may be necessary to carry out the provisions of this Act. SEC. 5. Standard reference data conforming to standards established by the Secretary may be made available and sold by the Secretary or by a person or agency designated by him. To the extent practicable and appropriate, the prices established for such data may reflect the cost of collection, compilation, evaluation, publication, and dissemination of the data, including administrative expenses; and the amounts received shall be subject to the Act of March 3, 1901, as amended (15 U.S.C.27l-278e). SEC. 6. (a) Notwithstanding the limitations contained in section 8 of title 17 of the United States Code, the Secretary may secure copyright and renewal thereof on behalf of the United States as author or proprietor in all or any part of any standard reference data which he prepares or makes available under this Act, and may authorize the reproduction and publication thereof by others. (b) The publication or republication by the Government under this Act, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such material without the consent of the copyright proprietor. SEC. 7. There are authorized to be appropriated to carry out this Act, $1.8 million for the fiscal year ending June 30, 1969. Notwithstanding the provisions of any other law, no appropriations for any fiscal year may be made for the purpose of this Act after fiscal year 1969 unless previously authorized by legislation hereafter enacted by the Congress. SEC. 8. This Act may be cited as the "Standard Reference Data Act." Approved July 11, 1968.

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PUBLIC LAW 90-397-JULY 11, 1968

341

Public Law 90-397 AN ACT

To exempt certain vessels engaged in the fishing industry from the requirements of certain laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 4426 of the Revised Statutes of the United States (46 U.S.C. 404) is amended by adding at the end thereof the following sentences: "As used herein, the phrase 'engaged in fishing as a regular business' includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations. The exemption of the foregoing sentence for cannery tender or fishing tender vessels shall continile in force for five years from the effective date of this amendment.'' SEC. 2. Section 1 of the Act of August 27, 1935 (46 U.S.C. 88), is amended by designating the existing section as subsection (a) and by jvdding a new subsection (b) as follows: "(b) All cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska except those constructed after the effective date of this subsection or those converted to either of such services after five years from the effective date of this subsection are exempt from the requirements of this Act." SEC. 3. The first proviso of section 1 of the Act of June 20, 1936 (46 U.S.C. 367), is amended by adding at the end thereof the following sentences: "As used herein, the phrase 'any vessel engaged in the fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industries' includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations. The exemption of the foregoing sentence for cannery tender or fishing tender vessels shall continue in force for five years from the effective date of this amendment. SEC. 4. The first subparagraph of section 4417a of the Revised Statutes of the United States (46 U.S.C. 391a(1)) is amended by adding at the end thereof the following sentence: "Notwithstanding the first sentence hereof, cannery tenders, fishing tenders, or fishing vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska wiien engaged exclusively in the fishing industry shall be allowed to have on board inflammable or combustible cargo in b'.ilk to the extent and upon conditions as may be required by regulations promulgated by the Secretary of the department in which the Coast Guard is operating." Approved July 11, 1968.

July ij_ iggg

[s. 2047]

^J^l^^^"^^ ^^^' Exemption from certain laws. "^P**= '°"

Loadlines. ^^ ^'^*' ^^'^'

. intemai combus"4'c) s'tlt"l544.

combustible ^^^^^^ i" ^uik.

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PUBLIC LAW 90-398-JULY 11, 1968

[82 STAT.

Public Law 90-398 July 11, 1968 [S.2837]

Cradle of Forestry in America, Pisgah National Forest, N.C. Establishment.

P u b l i c a t i o n in Federal Register.

AN ACT To authorize the Secretary of Agriculture to establish the Cradle of Forestry in America in the Pisgah National Forest in North Carolina, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That, in order to preserve, develop, and make available to this and future generations the birthplace of forestry and forestry education in America and to promote, demonstrate, and stimulate interest in and knowledge of the management of forest lands under principles of multiple use and sustained yield and the development and progress of management of forest lands in America, the Secretary of Agriculture is hereby authorized to establish the Cradle of Forestry in America in the Pisgah National Forest, North Carolina. As soon as possible after this Act takes effect, the Secretary of Agriculture shall publish notice of the designation thereof in the Federal Register together with a map showing the boundaries which shall be those shown on the map entitled "Cradle of Forestry in America" dated April 12, 1967, which shall be on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture. SEC. 2. The area designated as the Cradle of Forestry in America shall be administered, protected, and developed within and as a part of the Pisgah National Forest by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to national forests in such manner as in his judgment will best provide for the purposes of this Act and for such management, utilization, and disposal of the natural resources as in his judgment wnll promote or is compatible with and does not significantly impair the purposes for which the Cradle of Forestry in America is established. SEC. 3. The Secretary of Agriculture is hereby authorized to cooperate with and receive the cooperation of public and private agencies and organizations and individuals in the development, administration, and operation of the Cradle of Forestry in America. The Secretary of Agriculture is authorized to accept contributions and gifts to be used to further the purposes of this Act. Approved July 11, 1968.

Public Law 90-399 July 13, 1968 [H. R. 3639]

Animal Drug Amendments of 1968.

AN ACT To protect the public health by amending the Federal Food, Drug, and Cosmetic Act to consolidate certain provisions assuring the safety and effectiveness of new animal drugs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Animal Drug Amendments of 1968."

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 82 STAT. ]

PUBLIC LAW 90-399-JULY 13, 1968 NEW ANIMAL

343

DRUGS

SEC. 101. (a) Section 501(a) of the Federal Food, Drug, and Cos52 Stat. metic Act, as amended, is amended by inserting before the period at 21 USC 31049. 51. the end thereof a semicolon and the following: "or (5) if it is a new animal drug which is unsafe within the meaning of section 512; or (6) In Ira. if it is an animal feed bearing or containing a new animal drug, and such animal feed is unsafe within the meaning of section 512". (b) Chapter V of such Act is amended by adding at the end thereof 79 Stat. 3227. 21 USC 5 1 the following: aeoa "NEW ANIMAL DRUGS

"SEC. 512. (a)(1) A new animal drug shall, with respect to any particular use or intended use of such drug, be deemed unsafe for the purposes of section 501(a)(5) and section 402(a)(2)(D) unless— ^^^^^- ^^.^ " (A) there is in effect an approval of an application filed pursuant to subsection (b) of this section with respect to such use or intended use of such drug, " (B) such drug, its labeling, and such use conform to such approved application, and " (C) in the case of a new animal drug subject to subsection (n) of this section and not exempted therefrom by regulations it is from a batch with respect to which a certificate or release issued pursuant to subsection (n) is in effect with respect to such drug. A new animal drug shall also be deemed unsafe for such purposes in the event of removal from the establishment of a manufacturer, packer, or distributor of such drug for use in the manufacture of animal feed in any State unless at the time of such removal such manufacturer, packer, or distributor has an unrevoked written statement from the consignee of such drug, or notice from the Secretary, to the effect that, with respect to the use of such drug in animal feed, such consignee— " (i) is the holder of an approved application under subsection (m) of this section; or "(ii) will, if the consignee is not a user of the drug, ship such drug only to a holder of an approved application under subsection (m) of this section. "(2) An animal feed bearing or containing a new animal drug shall, with respect to any particular use or intended use of such animal feed, be deemed unsafe for the purposes of section 501(a)(6) ^^P'^unless— " (A) there is in effect an approval of an application filed pursuant to subsection (b) of this section with respect to such drug, as used in such animal feed, " (B) there is in effect an approval of an application pursuant to subsection (m)(1) of this section with respect to such animal feed, and " (C) such animal feed, its labeling, and such use conform to the conditions and indications of use published pursuant to subsection (1) of this section and to the application with respect thereto approved under subsection (m) of this section.

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"(8) A new nnimjil drug or an animal feed bearing or containing a new animal drug shall not be deemed unsafe for the purj^oses oi Ante, p. 343. scc'tion 501(a)(5) Or (6) if such article is for investigational use and conforms to the terms of an exemption in effect with respect thereto under section 512(j). "(b) Any person may file with the Secretary an application with respect to any intended use or uses of a new animal drug. Such person .shall submit to the Secretary as a part of the application (1) full reports of investigations which have been made to show" whether or not such drug is safe and effective for use; (2) a full list of the articles used as components of such drug; (3) a full statement of the composition of such drug; (4) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug; (5) such samples of such drug and of the articles used as components thereof, of any animal feed for use in or on which such drug is intended, and of the edible portions or products (before or after slaughter) of animals to which such drug (directly or in or on animal feed) is intended to be administered, as the Secretary may require; (6) specimens of the labeling proposed to be used for such drug, or in case such drug is intended for use in animal feed, I>roposed labeling appropriate for such use, and specimens of the labeling for the drug to be manufactured, packed, or distributed by the applicant; (7) a description of practicable methods for determining the quantity, if any, of such drug in or on food, and any substance formed in or on food, because of its use; and (8) the proposed tolerance or withdrawal period or other use restrictions for such drug if any tolerance or withdrawal period or other use restrictions are required in order to assure that the proposed use of such drug will be safe. hearkT'*""'*^ ^°' "(^) Within one hundred and eighty days after the filing of an application pursuant to subsection (b), or such additional period as may be agreed upon by the Secretary and the applicant, the Secretary shall either (1) issue an order approving the application if he then finds that none of the grounds for denying approval specified in subsection (d) applies, or (2) give the applicant notice of an opportunity for a hearing before the Secretary under subsection (d) on the question whether such application is approvable. If the applicant elects to accept the opportunity for a hearing by written request within thirty days after such notice, such hearing shall commence not more than ninety days after the expiration of such thirty days unless the Secretary and the applicant otherwise agree. Any such hearing shall thereafter be conducted on an expedited basis and the Secretary's order thereon shall be issued within ninety days after the date fixed by the Secretary for filing final briefs. " (d)(1) If the Secretary finds, after due notice to the applicant in accordance with subsection (c) and giving him an opportunity for a hearing, in accordance with said subsection, that— " (A) the investigations, reports of which are required to be submitted to the Secretary pursuant to subsection (b), do not include adequate tests by all methods reasonably applicable to show whether or not such drug is safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof; " (B) the results of such tests show that such drug is unsafe for use under such conditions or do not show that such drug is safe for use under such conditions; " (C) the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug are inadequate to preserve its identity, strength, quality, and pvirity; " (D) upon the basis of the information submitted to him as

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part of the application, or upon the basis of any other information before him with respect to such drug, he has insufficient information to determine whether such drug is safe for use under such conditions; " (E) evakiated on the basis of the information submitted to him as part of the application and any other information before him with respect to such drug, there is a lack of substantial evidence that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the proposed labeling thereof; " (F) upon the basis of the information submitted to him as part of the application or any other information before him with respect to such drug, the tolerance limitation proposed, if any, exceeds that reasonably required to accomplish the physical or other technical effect for which the drug is intended; " (G) based on a fair evaluation of all material facts, such labeling is false or misleading in any particular; or " (H) such drug induces cancer when ingested by man or animal or, after tests which are appropriate for the evaluation of the safety of such drug, induces cancer in man or animal, except that the foregoing provisions of this subparagraph shall not apply with respect to such drug if the Secretary finds that, under the conditions of use specified in proposed labeling and reasonably certain to be followed in practice (i) such drug will not adversely affect the animals for which it is intended, and (ii) no residue of such drug will be found (by methods of examination prescribed or approved by the Secretary by regulations, which regulations shall not be subject to subsections (c), (d), and (h)), in any edible portion of such animals after slaughter or in any food yielded by or derived from the living animals; he shall issue an order refusing to approve the application. If, after such notice and opportunity for hearing, the Secretary finds that subparagraphs (A) through (H) do not apply, he shall issue an order approving the application. "(2) In determining whether such drug is safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof, the Secretary shall consider, among other relevant factors, (A) the probable consumption of such drug and of any substance formed in or on food because of the use of such drug, (B) the cumulative effect on man or animal of such drug, taking into account any chemically or pharmacologically related substance, (C) safety factors which in the opinion of experts, qualified by scientific training and experience to evaluate the safety of such drugs, are appropriate for the use of animal experimentation data, and (D) whether the conditions of use prescribed, recommended, or suggested in the proposed labeling are reasonably certain to be followed in practice. Any order issued under this subsection refusing to approve an application shall state the findings upon which it is based. "(3) As used in this subsection and subsection (e), the term 'substantial evidence' means evidence consisting of adequate and wellcontrolled investigations, including field investigation, by experts qualified by scientific training and experience to evaluate the effectiveness of the drug involved, on the basis of which it could fairly and reasonably be concluded by such experts that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling or proposed labeling thereof. "(e)(1) The Secretary shall, after due notice and opportunity for hearing to the applicant, issue an order withdrawing approval of an

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application filed pursuant to subsection (b) with respect to any new annnal drug if the Secretary finds— " (A) that experience or scientific data show that such drug is unsafe for use under the conditions of use upon the basis of which the application was approved; " (B) that new evidence not contained in such application or not available to the Secretary until after such application was approved, or tests by new methods, or tests by methods not deemed reasonably applicable when • such application was approved, evaluated together with the evidence available to the Secretary when the application was approved, shows that such drug is not shown to be safe for use under the conditions of use upon the basis of which the application was approved or that subparagraph (H) of paragraph (1) of subsection (d) applies to such drug; " (C) on the basis of new information before him with respect to such drug, evaluated together with the evidence available to him when the application was approved, that there is a lack of substantial evidence that such drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling thereof; " (I)) that the application contains any untrue statement of a material fact; or " (E) that the applicant has made any changes from the ^standpoint of safety or effectiveness beyond the variations provided for in the application unless he has supplemented the application by filing with the Secretary adequate information respecting all such changes and unless there is in effect an approval of the supplemental application. The supplemental application shall be treated in the same manner as the original application. If the Secretary (or in his absence the officer acting as Secretary) finds that there is an imminent hazard to the health of man or of the animals for which such drug is intended, he may suspend the approval of such application immediately, and give the applicant prompt notice of his action and afford the applicant the opportunity for an expedited hearing under this subsection; but the authority conferred by this sentence to suspend the approval of an application shall not be delegated. "(2) The Secretary may also, after due notice and opportunity for hearing to the applicant, issue an order withdrawing the approval of an application with respect to any new animal drug under this section if the Secretary finds— " (A) that the applicant has failed to establish a system for maintaining required records, or has repeatedly or deliberately failed to maintain such records or to make required reports in accordance with a regulation or order under subsection (1), or the applicant has refused to permit access to, or copying or verification of, such records as required by paragraph (2) of such subsection; " (B) that on the basis of new information before him, ev^aluated together with the evidence before him when the application was approved, the methods used in, or the facilities and controls used for, the manufacture, processing, and packing of such drug are inadequate to assure and preserve its identity, strength, (uiality, and purity and were not made adequate within a reasonable time after receipt of written notice from the Secretary specifying the matter complained of; or " (C) that on the basis of new information before him, evaluated together with the evidence before him when the application was approved, the labeling of such drug, based on a fair evaluation of all material facts, is false or misleading in any particular

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and was not corrected within a reasonable time after receipt of written notice from the Secretary specifying the matter complained of. "(3) Any order under this subsection shall state the findings upon which it is based. "(f) Whenever the Secretary finds that the facts so require, he shall revoke any previous order under subsection (d), (e), or (m) refusing, withdrawing, or suspending approval of an application and shall approve such application or reinstate such approval, as may be appropriate. " (g) Orders of the Secretary issued under this section (other than orders issuing, amending, or repealing regulations) shall be served (1) in person by any officer or employee of the department designated by the Secretary or (2) by mailing the order by registered mail or by certified mail addressed to the applicant or respondent at his last known address in the records of the Secretary. " (h) An appeal may be taken by the applicant from an order of the Secretary refusing or withdrawing approval of an application filed under subsection (b) or (m) of this section. The provisions of subsection (h) of section 505 of this Act shall govern any such appeal. 52 Stat. 1052; "(i) When a new animal drug application filed pursuant to sub- '^^ ^*^'- 784, 785. section (b) is approved, the Secretary shall by notice, which upon Publication in publication shall be effective as a regulation, publish in the Federal Federal Register. Register the name and address of the applicant and the conditions and indications of use of the new animal drug covered by such application, including any tolerance and withdrawal period or other use restrictions and, if such new animal drug is intended for use in animal feed, appropriate purposes and conditions of use (including special labeling requirements) applicable to any animal feed for use in which such drug is approved, and such other information, upon the basis of which such application was approved, as the Secretary deems necessary to assure the safe and effective use of such drug. Upon withdrawal of approval of such new animal drug application or upon its suspension, the Secretary shall forthwith revoke or suspend, as the case may be, the regulation published pursuant to this subsection (i) insofar as it is based on the approval of such application. " (j) To the extent consistent with the public health, the Secretary Exemptions shall promulgate regulations for exempting from the operation of this section new animal drugs, and animal feeds bearing or containing new animal drugs, intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of animal drugs. Such regulations may, in the discretion of the Secretary, among other conditions relating to the protection of the public health, provide for conditioning such exemption upon the establishment and maintenance of such records, and the making of such reports to the Secretary, by the manufacturer or the sponsor of the investigation of such article, of data (including but not limited to analytical reports by investigators) obtained as a result of such investigational use of such article, as the Secretary finds will enable him to evaluate the safety and effectiveness of such article in the event of the filing of an application pursuant to this section. Such regulations, among other things, shall set forth the conditions (if any) upon which animals treated with such articles, and any products of such animals (before or after slaughter), may be marketed for food use. " (k) While approval of an application for a new animal drug is effective, a food shall not, by reason of bearing or containing such drug or any substance formed in or on the food because of its use in accordance with such application (including the conditions and indi-

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cations of use pi'eseribed pursuant to subsection (i)), be considered 21 us^c 3^°2*^ adulterated within the meanin*^ of chiuse (1) of section 402(a). Recordkeeping. "(1)(1) l u the case of a u j new animal drug for which an approval of an application filed pursuant to subsection (b) is in effect, the applicant shall establish and maintain such records, and make such reports to the Secretary, of data relating to experience and other data or information, received or otherwise obtained by such applicant with respect to such drug, or with respect to animal feeds bearing or containing such drug, as the Secretary may by general regulation, or by order with respect to such application, prescribe on the basis of a finding that such records and reports are necessary in order to enable the Secretary to determine, or facilitate a determination, whether there is or may be ground for invoking subsection (e) or subsection (m)(4) of this section. Such regulation or order shall provide, where the Secretary deems it to be appropriate, for the examination, upon request, by the pereons to whom such regulation or order is applicable, of similar information received or otherwise obtained by the Secretary. "(2) Every person required under this subsection to maintain 7'ecords, and every person in charge or custody thereof, shall, upon request of an officer or employee designated by the Secretary, permit such officer oc employee at all reasonable times to have access to and copy and verify such records. '•(m)(1) Any person may file with the Secretary an application with respect to any intended use or uses of an animal feed bearing or containing a new animal drug. Such person shall submit to the Secretary as part of the application (A) a full statement of the composition of such animal feed, (B) an identification of the regulation or regulations (relating to the new animal drug or drugs to be used in such feed), published pursuant to subsection (i), on which he relies as a basis for approval of his application with respect to the use of such drug in such feed, (C) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such animal feed, (D) specimens of the labeling proposed to be used for such animal feed, and (E) if so requested by the Secretary, samples of such animal feed or components thereof. "(2) Within ninety days after the filing of an application pursuant to subsection (m)(1), or such additional period as may be agreed upon by the Secretary and the applicant, the Secretary shall either (A) issue an order approving the application if he then finds that none of the grounds for denying approval specified in paragraph (3) applies, or (B) give the applicant notice of an opportunity for a hearing before the Secretary under paragraph (8) on the question whether such application is approvable. The procedure governing such a hearing shall be the procedure set forth in the last two sentences of subsection (c). "(3) If the Secretary, after due notice to the applicant in accordance with paragraph (2) and giving him an opportunity for a hearing in accordance with such paragraph, finds, on the basis of information submitted to him as part of the application or on the basis of any other information before him— " (A) that there is not in effect a regulation under subsection (i) (identified in such application) on the basis of which such application may be approved; " (B) that such animal feed (including the proposed use of any new animal drue therein or thereon) does not conform to an applicable regulation published pursuant to subsection (i) referred to in the application, or that the purposes and conditions or indications of use prescribed, recommended, or suggested in the labeling of such feed do not conform to the applicable pur-

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210 There was considerable surprise on the part of the bank clerks when our hero, and his friends, walked in, carrying a heavy black bag. But they could only conjecture what was in the wind, for the party was immediately closeted with the president.

Mr. Pendergast was so startled that he hardly knew what to say when Tom, aided by Mr. Sharp, told his story. But the return of the money, with documents from Sheriff Durkin, certifying as to the arrest of Morse and Happy Harry, soon convinced him of the truth of the account.

"It's the most wonderful thing I ever heard," said the president.

"Well, what are you going to do about it?" asked Mr. Damon. "You have accused Tom and myself of being thieves, and"

"I apologize—I apologize most humbly!" exclaimed Mr. Pendergast. "I also"

"What about the reward?" went on Mr. Damon. "Bless my bank notes, I don't want any of it, for I have enough, but I think Tom and Mr. Sharp and the sheriff are entitled to it."

"Certainly," said the president, "certainly. It will be paid at once. I will call a meeting of the directors. In fact they are all in the bank now, save Mr. Foger, and I can reach him by telephone. If you will just rest yourselves in that room there

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poses and conditions or indications of use (including warnings) published pursuant to subsection (i) or such labeling omits or fails to conform to other applicable information published pursuant to subsection (i); " (C) that the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such animal feed are inadequate to preserve the identity, strength, quality, and purity of the new animal drug therein; or " (D) that, based on a fair evaluation of all material facts, such labeling is false or misleading in any particular; he shall issue an order refusing to approve the application. If, after such notice and opportunity for hearing, the Secretary finds that subparagraphs (A) through (D) do not apply, he shall issue an order approving the application. An order under this subsection approving an application with respect to an animal feed bearing or containing a new animal drug shall be effective only while there is in effect a regulation pursuant to subsection (i), on the basis of which such application (or a supplement thereto) was approved, relating to the use of such drug in or on such feed. "(4)(A) The Secretary shall, after due notice and opportunity for hearing to the applicant, issue an order withdrawing approval of an application with respect to any animal feed under this subsection if the Secretary finds— " (i) that the application contains any untrue statement of a material fact; or "(ii) that the applicant has made any changes from the standpoint of safety or effectiveness beyond the variations provided for in the application unless he has supplemented the application by filing with the Secretary adequate information respecting all such changes and unless there is in effect an approval of the supplemental application. The supplemental application shall be treated in the same manner as the original application. If the Secretary (or in his absence the officer acting as Secretary) finds that there is an imminent hazard to the health of man or of the animals for which such animal feed is intended, he may suspend the approval of such application immediately, and give the applicant prompt notice of his action and afford the applicant the opportunity for an expedited hearing under this subsection; but the authority conferred by this sentence shall not be delegated. " (B) The Secretary may also, after due notice and opportunity for hearing to the applicant, issue an order withdrawing the approval of an application with respect to any animal feed under this subsection if the Secretary finds— " (i) that the applicant has failed to establish a system for maintaining required records, or has repeatedly or deliberately failed to maintain such records or to make required reports in accordance with a regulation or order under paragraph (5)(A) of this subsection, or the applicant has refused to permit access to, or copying or verification of, such records as required by subparagraph (B) of such paragraph; "(ii) that on the basis of new information before him, evaluated together with the evidence before him when such application was approved, the methods used in, or the facilities and controls used for, the manufacture, processing, and packing of such animal feed are inadequate to assure and preserve the identity, strength, quality, and purity of the new animal drug therein, and were not made adequate within a reasonable time after receipt of written notice from the Secretary, specifying the matter complained of; or

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"(iii) that on the basis of new information before him, evaluated together with the evidence before him when the application was approved, the labeling of such animal feed, based on a fair evaluation of all material facts, is false or misleading in any particular and was not corrected within a reasonable time after receipt of written notice from the Secretary specifying the matter complained of. " (C) Xny order under paragraph (4) of this subsection shall state the findings upon which it is based. Recordkeeping. u^^>^ jj^ ^|-^g ^.^^^ ^f.^^^^ animal feed for which an approval of a,n application filed pursuant to this subsection is in effect— " (A) the applicant shall establish and maintain such records, and make such reports to the Secretary, or (at the option of the Secretary) to the appropriate person or persons holding an approved application filed under subsection (b), as the Secretary may by general regulation, or by order with respect to such application, prescribe on the basis of a finding that such records and reports are necessary in order to enable the Secretary to determine, or facilitate a determination, whether there is or may be ground for invoking subsection (e) or paragraph (4) of this subsection. " (B) every person required under this subsection to maintain records, and every person in charge or custody thereof, shall, upon request of an officer or employee designated by the Secretary, permit such officer or employee at all reasonable times to have access to and copy and verify such records. Certification. " (n)(l) The Secretary, pursuant to regulations promulgated by him, shall provide for the certification of batches of a new animal drug composed wholly or partly of any kind of penicillin, streptomycm, chlortetracycline, chloramphenicol, or bacitracin, or any derivative thereof. A batch of any such drug shall be certified if an approval of an application filed pursuant to subsection (b) is effective with respect to such drug and such drug has the characteristics of identity and such batch has the characteristics of strength, quality, and purity upon the basis of which the application was approved, but shall not otherwise be certified. Prior to the effective date of such regulations the Secretary, in lieu of certification, shall issue a release for any batch which, in his judgment, may be released without risk as to the safety and efficacy of its use. Such release shall prescribe the date of its expiration and other conditions under which it shall cease to be effective as to such batch and as to portions thereof. "(2) Regulations providing for such certifications shall contain such provisions as are necessary to carry out the purposes of this subsection, including provisions prescribing— " (A) tests and methods of assay to determine compliance with applicable standards of identity and of strength, quality, and purity; " (B) effective periods for certificates, and other conditions under which they shall cease to be effective as to certified batches and as to portions thereof; " (C) administration and procedure; and " (D) such fees, specified m such regulations, as are necessary to provide, equip, and maintain an adequate certification service. Such regulations shall prescribe only such tests and methods of assay as will provide for certification or rejection wnthin the shortest time consistent with the purposes of this subsection.

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"(3) Whenever, in the judgment of the Secretary, the requirements of this subsection with respect to any drug or class of drugs are not necessary to insure that such drug conforms to the standards of identity, strength, quality, and purity applicable thereto under paragraph (1) of this subsection, the Secretary shall promulgate regulations exempting such dru^ or class of drugs from such requirements. The provisions of subsection (c) of section 507 of this Act (other than the 59 Stat. 464; first sentence thereof) shall apply under this paragraph. '^^2rusc 357. "(4) The Secretary shall promulgate regulations exempting from Exemptions. any requirement of this subsection— " (A) drugs which are to be stored, processed, labeled, or repacked at establishments other than those where manufactured, on condition that such drugs comply with all such requirements upon removal from such establishments; and " (B) drugs which conform to applicable standards of identity, strength, quality, and purity prescribed pursuant to this subsection and are intended for use in manufacturing other drugs. "(5) On petition of any interested person for the issuance, amendment, or repeal of any regulation contemplated by this subsection, the procedure shall be in accordance with subsection (f) of section 507 of this Act. " (6) Where any drug is subject to this subsection and not exempted therefrom by regulations, the compliance of such drug with sections 501(b) and 502(g) shall be determined by the application of the jius^cs^^' standards of strength, quality, and purity applicable under para- 352. graph (1) of this subsectionj the tests and methods of assay applicable under provisions of regulations referred to in paragraph (2)(A) of this subsection, and the requirements of packaging and labeling on the basis of which the application with respect to such drug filed under subsection (b) of this section was approved." DEFINITIONS

SEC. 102. Section 201 of the Federal Food, Drug, and Cosmetic Act, as amended, is amended by— (a) inserting "(except a new animal drug or an animal feed bearing or containing a new animal d r u g) " after "Any drug" in subparagraph (1) of paragraph (p); 2ius^c32°r' (b) inserting "(except a new animal drug or an animal feed bearing or containing a new animal d r u g) " after "Any drug" in subparagraph (2) of paragraph (p); (c) striking out the period at the end of subparagraph (4) of paragraph (s) and inserting in lieu thereof "; or", and by adding ^^ ^*^* ^^^'*' a new subparagraph (5) to read as follows: "(5) a new animal drug."; (d) inserting ". 512," after "409" in paragraph (u); and (e) adding at the end of such section the following new para- 79 Stat. 227. graphs: " (w) The term 'new animal drug' means any drug intended for use "New animai for animals other than man, including any drug intended for use in '^'^"^"" animal feed but not including such animal feed,— "(1) the comf)Osition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of animal drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling thereof;

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Exception.

except that such a drug not so recognized shall not be deemed to be a 'new animal drug' if at any time prior to June 25, 1938, it was subject to the Food and Drug Act of June 30, 1906, as 52^stat°\o59^' amended, and if at such time its labeling contained the same 21 USC 1-15 representations concerning the conditions of its use; or "°'^^"(2) the composition of which is such that such drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions; or "(3) which drug is composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, or bacitracin, or any derivative thereof, except when there is in effect a published order of the Secretary declaring such drug not to be a new animal drug on the grounds that (A) the requirement of certification of batches of such drug, as provided for in Ante, p. 350. section 512(u), is not necessary to insure that the objectives specified in paragraph (3) thereof are achieved and (B) that neither subparagraph (1) nor (2) of this paragraph (w) applies to such drug. "Animal feed." " (x) The term 'animal feed', as used in paragraph (w) of this Anfe, pp. 351, section, lu section 512, and in provisions of this Act referring to such paragraph or section, means an article which is intended for use for food for animals other than man and which is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal." r R O III B l T E D ACTS A N D

788^ ^*^*' ^^'*' 21 USC 331. 52 Stat. 1042; 61 Stat. 11.

77stat^397^^^' 21 USC 342.

SEC. 103. Section 301 of the Federal Food, Drug, and Cosmetic Act, as amended, is amended by— (1) striking out "or" before "507," and inserting ", or 512 (j), C^)?"!" (m) " after "507 (d) or (g) " in paragraph (e),and (2) adding "512," after "507," in paragraph (j). A N I M A L DRUGS I N FEEDS A N D RESIDUES THE R E OF I N OTHER FOOD

SEC. 104. Section 402 of the Federal Food, Drug, and Cosmetic Act, as amended, is amended by— (1) striking out the word "or" before " ( i i i) " in clause (A) of Subparagraph (2) of paragraph (a) and inserting "; or (iv) a new animal drug" after the words "color additive" therein; and (2) adding before the semicolon following "commodity" at the end of the proviso to clause (C) of subparagraph (2) of paragraph (a) the following: "; or (D) if it is, or it bears or contains, a new animal drug (or conversion product thereof) which is unsafe within the meaning of section 512". ANTIBIOTIC

2??se35221 USC 357!

PENALTIES

DRUGS FOR

ANIMALS

SEC. 105. (a) Section 502 of the Federal Food, Drug, and Cosmetic Act, as amended, is amended by inserting "(except a drug for use in animals other than m a n) " after "represented as a drug" in paragrPh(l)(b) Section 507 of such Act is amended by inserting "(except drugs for use in animals other than m a n) " after "drugs" in the first sentence of subsection (a).

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PUBLIC LAW 90-399-JULY 13, 1968 A N I M A L DRUGS FOR

EXPORT

SEC. 106. Section 801(d) of the Federal Food, Drug, and Cosmetic Act, as amended, is amended by adding at the end thereof the following: "Nothing in this subsection shall authorize the exportation of any new animal drug, or an animal feed bearing or containing a new animal drug, which is unsafe within the meaning of section 512 of this

353

Act."

52 Stat. loss. ^^ "^^ ^^^^• An^e, p. 343.

AMENDMENT W I T H RESPECT TO VI R U S, S E R U M, TO X I N, A N D A N A L 0 ( i 0 U S PRODUCTS ACTS

SEC. 107. Section J>02(c) of the Federal Food, Drug, and Cosmetic Act is amended by striking out "the virus, serum, and toxin Act of July 1, 1902 (U.S.C. 1934 ed., title 42, chap. 4); " and inserting in lieu thereof the following: "section 351 of Public Health Service Act (relating to viruses, serums, toxins, and analogous products applicable to m a n); the virus, serum, toxin, and analogous products provisions, applicable to domestic animals, of the Act of Congress approved March 4, 1913 (37 Stat. 832-833);•'. EFFECTIVE DATE AND T R A N S I T I O N A L

21 USC 392.

42 us^c 26^ ^2

21 USC 151-158.

PROVISIONS

SEC. 108, (a) Except?s otherwise provided in this section, the amendments made by the foregoing sections shall take effect on the first day of the thirteenth calendar month which begins after the date of enactment of this Act. (b)(1) As used in this subsection, the term "effective date" means the effective date specified in subsection (a) of this section; the term "basic Act" means the Federal Food, Drug, and Cosmetic Act; and other terms used both in this section and the basic Act shall have the same meaning as they have, or had, at the time referred to in the context, under the basic Act. (2) Any approval, prior to the effective date, of a new animal drug or of an animal feed bearing or containing a new animal drug, whether granted by approval of a new-drug application, master file, antibiotic regulation, or food additive regulation, shall continue in effect, and shall be subject to change in accordance with the provisions of the basic Act as amended by this Act. (3) In the case of any drug (other than a drug subject to section 512(n) of the basic Act as amended by this Act) intended for use in animals other tlian man which, on October 9, 1962, (A) was commercially used or sold in the United States, (B) was not a new drug as defined by section 201(p) of the basic Act as then in force, and (C) was not covered by an effective application under section 505 of that Act, the words "effectiveness" and "effective" contained in section 201 (w) as added by this Act to the basic Act shall not apply to such drug when intended solely for use under conditions prescribed, recommended, or suggested in labeling with respect to such drug on that day. (4) Rpjxulations providing tor fees (and advance deposits to cover fees) which on the day preceding the effective date applicable under subsection (a) of this section were in effect pursuant to section 507 of the basic Act shall, except as the Secretary may otherwise l)rescribe, be deemed to apply also under section 512(n) of the basic Act, and appropriations of fees (and of advancs deposits to cover fees) available for the purposes specified in such section 507 as in effect prior to the effective date shall also be available for the purposes specified in section 512(n), including preparatory work or proceedings prior to that date. Approved July 13, 1968.

Definitions.

^"^^' P- ^^O. 52 Stat. 1041 21 USC 321. 76 Stat. 781785. 21 USC 355. Ante, p. 351.

59 stat^ 463;

76 Stat. 785-78S 21 USC 357.

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PUBLIC LAW 90-400-JULY 13, 1968

[82 STAT.

Public Law 90-400 July 13, 1968 [S. 1251]

Reclamation project employeesv Severance p a y.

AN ACT To make certain reclamation project expenses nonreimbursable.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any provision of the Federal reclamation laws, as amended and supplemented, (a) severance payments heretofore made to employees of the Department of the Interior resulting from the transfer to the A and B Irrigation District of operation and maintenance responsibilities for the North Side pumping division of the Minidoka Federal reclamation project, Idaho, and (b) severance payments which hereafter may be made to employees of the Department of the Interior as a result of the transfer to the Quincy-Columbia Basin Irrigation District, the East Columbia Basin Irrigation District, and the South Columbia Basin Irrigation District of operation and maintenance responsibilities for the irrigation facilities of the Columbia Basin Federal reclamation project, Washington, shall be nonreimbursable and nonreturnable. Approved July 13, 1968.

Public Law 90-401 July 15, 1968 [S.1401]

Land and Water Conservation Fund Act of 1965, amendment. Entrance and user fees. Repeal.

Special account.

AN ACT To amend title I of the Land and Water Conservation Fund Act of 11)65, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 2, subsection (a), of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897: 16 U.S.C. 460 1-5), except the fourth paragraph thereof, is repealed; said fourth paragraph is redesignated section 10 of said Act; and subsections (b) and (c) of said section 2 are redesignated (a) and (b), respectively. (b) It is not the intent of the Congress by this repealer to indicate that Federal agencies which have under their administrative jurisdiction areas or facilities used or useful for outdoor recreation or which furnish services related to outdoor recreation shall not exercise any authority they may have, including authority under sectiori 501 of the Act of August 31, 1951 (65 Stat. 290; 31 U.S.C. 483a), or any authority they may hereafter be given, to make reasonable charges for admission to such areas, for the use of such facilities, or for the furnishing of such services. Except as otherwise provided by law or as may be required by lawful contracts entered into prior to September 3, 1964, providing that revenues collected at particular

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PUBLIC LAW 90-401-JULY 15, 1968

Federal areas shall be credited to specific purposes, all fees so charged shall be covered into a special account under the Land and Water Conservation Fund and shall be available for appropriation, without prejudice to appropriations from other sources for the same purposes, for any authorized outdoor recreation function of the agency ny which the fees were collected. (c) Section 6, subsection (a), of said Act is amended by striking out the words "in substantially the same proportion as the number of visitor-days in areas and projects hereinafter described for which admission fees are charged under section 2 of this Act". (d) The provisions of subsections (a) and (c) of this section shall bs effective March 31, 1970. Until that date, revenues derived from the subsection (a) that is repealed by this section shall continue to be covered into the fund. SEC. 2. The aforesaid section 2 of the Land and Water Conservation Fund Act of 1965 is further amended by adding at the end thereof the following new subsection:

355

16 USC 460/-9.

Effective date.

" (c)(1) OTHER REVENUES.—In addition to the sum of the revenues

and collections estimated by the Secretary of the Interior to be covered into the fund pursuant to this section, as amended, there are authorized to b3 appropriated annually to the fund out of any money in the Treasury not otherwise ap)propriated such amounts as are necessary to make the income of the fund not less than $200,000,000 for each of the five fiscal years beginning July 1, 1968, and ending June 30, 1973. "(2) To the extent that any such sums so appropriated are not sufficient to make the total annual income of the fund amount to $200,000,000 for each of such fiscal years, an amount sufficient to cover the remainder thereof shall be credited to the fund from revenues due and payable to the United States for deposit in the Treasury as miscellaneous receipts under the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.): Provided, That notwithstanding the 67 Stat. 462. provisions of section 3 of this Act, moneys covered into the fund 16 USC 46^6. under this paragraph shall remain in the fund until appropriated by the Congress to carry out the purpose of this Act." SEC. 3. The first sentence of section 4, subsection (b), of the Land p rAdvance approiations. and Water Conservation Fund Act of 1965 is amended by deleting 16 USC 460i-7. "for a total of eight years" and inserting in lieu thereof "until the end of fiscal year 1969". SEC. 4. The Land and Water Conservation Fund Act of 1965 is 78 Stat. 897. 16 USC 4 6 0 ^ 4 further amended by adding thereto the following new sections: note. "SEC. 8. Not to exceed $30,000,000 of the money authorized to be Advance conc appropriated from the fund by section 3 of this Act may be obligated t r a16t uauthority. s e 460/-6. by contract during each of fiscal years 1969 and 1970 for the acquisition of lands, waters, or interests therein within areas specified in section 6(a)(1) of this Act. Any such contract may be executed by the head of the department concerned, within limitations prescribed by the Secretary of the Interior. Any such contract so entered into shall be deemed a contractual obligation of the United States and shall be liquidated with money appropriated from the fund specifically for liquidation of such contract obligation. Xo contract may be entered into for the acquisition of property pursuant to this section unless such acquisition is otherwise authorized by Federal law. "SEC. 9. The Secretary of the Interior may enter into contracts for Option acqviisition authority. options to acquire lands, waters, or interests therein within the exterior boundaries of any area the acquisition of which is authorized by law for inclusion in the national park system. The minimum period of any such option shall be two years, and any sums expended for the purchase thereof shall be credited to the purchase price of said area. Not to exceed $500,000 of the sum authorized to be appropriated from the

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lersehoid'^interest, conveyance,

Former owners, priority.

auUiTrtt^''^^"^^

Public hear-

ing

Proceeds.

PUBLIC LAW 90-402-JULY 18, 1968

[82 STAT.

fund by section 3 of this Act may be expended by the Secretary in any one fiscal year for such options." ^^^- ^- (^) With Tcspect to Ruy property acquired by the Secretary of the luterior withiu a unit of the national park system or miscellaneous area, except property within national parks, or within national monuments of scientific significance, the Secretary may convey a freehold or leasehold interest therein, subject to such terms and conditions as will assure the use of the property in a manner which is. in the judgment of the Secretary, consistent with the purpose for which the area was authorized by the Congress. In any case in which the Secretary exercises his discretion to convey such interest, he shall do so to the highest bidder, in accordance with such regulations as the Secretary may prescribe, but such conveyance shall ba at not less than the fair market value of the interest, as determined by the Secretary; except that if any such conveyance is proposed within two years after the property to be conveyed is acquired by the Secretary, he shall allow the last owner or owners of record of such property thirty days following the date on which they are notified by the Secretary in writing that such property is to be conveyed within which to notify the Secretary that such owners wish to acquire such interest. Upon receiving such timely request, the Secretary shall convey such interest to such person or persons, in accordance with such regulations as the Secretary may prescribe, upon payment or agreement to pay an am'^unt equal to the highest bid price. (b) The Secretary of the Interior is authorized to accept title to any non-Federal property or interest therein within a unit of the National Park System or miscellaneous area under his administration, and in exchange therefor he may convey to the grantor of such property or interest any Federally-ovv'ned property or interest therein under his jurisdiction which he determines is suitable for exchange or other disposal and which is located in the same State as the non-Federal property to be acquired: Provided, Iwtoever, That timber lands subject to harvest under a sustained yield program shall not be so exchanged. Upon requcst of a State or a political subdivision thereof, or of a party in interest, prior to such exchange the Secretary or his designee shall hold a public hearing in the area where the lands to be exchanged are located. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor from funds appropriated for the acquisition of land for the area, or to the Secretary as the circumstances require. ((.) Xlic procecds received from any conveyance under this section shall be credited to the land and water conservation fund in the Treasury of the United States. Approved July 15, 1968.

Public Law 90-402 July 18, 1968 ^^- 2701]

AN ACT 1,) provide for sale or exchange of isolated t r a c t s of tribal lands on the F l a the a d Reservation, Montana.

Be It enacted l>y the Senate and House of Representatives of the Flathead Reser- J'n'tfed States of America In Congress assemhJed, That upon request ''Tribal Tan^ds, of tliG Coufederatcd Salish and Kootenai Tribes of the Flathead Ressaie or exchange. t'i'\ation, Moutaua, acting through their governing body, the Secretary of the Interior is authorized to dispose of the following described tribal lands within the exterior boundaries of the reservation by sale at not less than fair market value or by exchange: Provided, That

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PUBLIC LAW 90-402-JULY 18, 1968

the values of any lands so exchanged either shall be approximately equal in fair market value, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require: Township 17 north, range 20 west, M.P.M., section 6, lots 2, 3, 4, containing 118.53 acres. Township 18 north, range 21 west, M.P.M., section 20, north half north half northw^est quarter southeast quarter, containing 10.00 acres. Township 19 north, range 21 west, M.P.M., section 28 south half northeast quarter, containing 80.00 acres. Township 20 north, range 21 west, M.P.M., section 1 northeast quarter southwest quarter, containing 40.00 acres. Township 22 north, range 22 west, M.P.M., section 3 north half Eoutheast quarter, containing 80.00 acres. Township 19 north, range 23 west, M.P.M., section 5 northeast quarter southwest quarter, containing 40.00 acres; section 35 south half northeast quarter, southeast quarter northwest quarter, northeast quarter southeast quarter, containing 160.00 acres. Township 20 north, range 23 west, M.P.M., section 15 northeast (juarter, southeast quarter northwest quarter, containing 200.00 acres; section 17 west half southwest quarter, containing 80.00 acres; section 18 southeast quarter northeast quarter, east half southeast quarter, containing 120.00 acres; section 29 northwest quarter southwest quarter, containing 40.00 acres; section 30 northeast quarter southeast quarter, containing 40.00 acres; section 29 west half southwest quarter southwest quarter southwest quarter, containing 5.00 acres; section 32 northwest quarter northwest quarter northwest quarter northwest quarter, containing 2.50 acres. Township 22 north, range 23 west, M.P.M., section 9 southwest quarter northeast quarter, southeast quarter northwest quarter, east half southwest quarter, west half southeast quarter, containing 240.00 acres. Township 23 north, range 23 west, M.P.M., section 3 southwest quarter northeast quarter, containing 40.00 acres; section 5 west half southeast quarter northwest quarter, southwest quarter northwest quarter, containing 60.00 acres; section 17 southeast quarter southeast quarter, containing 40.00 acres; section 19 lots 2 and 4, southeast quarter northwest quarter, containing 103.21 acres. Township 24 north, range 23 west, M.P.M., section 19, southwest quarter, northeast quarter, northeast quarter southwest quarter, east half southeast quarter, containing 160.00 acres; section 20, southwest quarter southwest quarter, containing 40.00 acres; section 30, northeast quarter northeast quarter, containing 40.00 acres. Township 23 north, range 24 west, M.P.M., section 1, northeast quarter southwest quarter, containing 40.00 acres; section 3, northwest quarter southeast quarter, containing 40.00 acres; section 24, northeast quarter southeast quarter northeast quarter, south half southeast quarter northeast quarter, southeast quarter southeast quarter southeast quarter, containing 40.00 acres. Township 24 north, range 24 west, M.P.M., section 1, lot 2, containing 26.10 acres; section 35, northwest quarter northeast quarter, containing 40.0 acres. The net proceeds from the sale or exchange of lands pursuant to this section shall be used to acquire within a reasonable time additional lands within the reservation boundaries in accordance with section 2 of this Act.

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PUBLIC LAW 90-403-JULY 18, 1968

[82 STAT.

SEC. 2. Upon request of the Confederated Salisli and Kootenai Tribes, the Secretary of the Interior is authorized to acquire Indianor non-Indian-owned lands within the reservation boundaries for such tribes, and such lands may be held for tribal use or for sale to tribal members. Title to lands acquired pursuant to this authority shall be taken in the name of the United States in trust for the tribes or the tribal member to whom the land is sold. Approved July 18, 1968.

Public Law 90-403 July 18, 1968 [S.1059]

Alaska. Grazing lands.

48 USC 4 7 1 471o.

AN ACT To amend the Act relating to the leasing of lands in Alaska for grazing fn order to make certain improvements in such Act.

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Act entitled "An Act to provide for the protection, development, and utilization of the public lands in Alaska by establishing an adequate system for grazing livestock thereon", approved March 4, 19*27 (44 Stat. 1452), is amended to read as follows: "NOTICE OF ESTABLISHMENT AND ALTERATION OF GRAZING RIGHTS

"SEC. 5. Before establishing or altering a district the Secretary shall publish once a week for a period of six consecutive weeks in a newspaper of general circulation in each judicial division in which the district proposed to be established or altered is located, a notice describing the boundaries of the proposed district or the proposed alteration, announcing the date on which he proposes to establish such district or make such alteration and the location and date of hearings required under this section. No such alteration shall be made until after public hearings are held with respect to such alteration in each such judicial division after the publishing of such notice." SEC. 2. (a) Subsection (a) of section 7 of such Act of March 4, 1927, is amended to read as follows: "SEC. 7. (a) A lease may be made for such term as the Secretary deems reasonable, but not to exceed fifty-five years, taking into consideration all factors that are relevant to the exercise of the grazing privileges conferred." (b) Such section 7 is further amended by inserting at the end thereof a new subsection as follows: " (d) Each lease shall provide that the lessee may negotiate for renewal of such lease, subject to the provisions of this Act, at any time during the final five years of the term of such lease." SEC. 3. Section 14 of such Act of March 4, 1927, is amended by inserting " (a) " after "SEC. 14" and by inserting at the end of such section a new subsection as follows: "(b) The Secretary shall take no action which will adversely affect rights under any lease pursuant to this Act until notifying the holder of such lease that such action is proposed and giving such holder an opportunity for a hearing." Approved July 18, 1968.

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PUBLIC LAW 90-406-JULY 18, 1968

359

Public Law 90-404 AN ACT To restrict the disposition of lands acquired as part of the National Wildlife Refuge System.

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 Act of October 15, 1966 (80 Stat. 927; 16 U.S.C. 668dd(a)), is amended by adding at the end thereof the following new sentences: "No acquired lands which are or become a part of the System may be transferred or otherwise disposed of under any provision of law (except by exchange pursuant to subsection (b)(8) of this section) unless (1) the Secretary of the Interior determines after consultation with the Migratory Bird Conservation Commission that such lands are no longer needed for the purposes for which the System was established, and (2) such lands are transferred or otherwise disposed of for an amount not less than (A) the acquisition costs of such lands, in the case of lands of the System which were purchased by the United States with funds from the migratory bird conservation fund, or (B) the fair market value of such lands (as determined by the Secretary as of the date of the transfer or disposal), in the case of lands of the System which were donated to the System. The Secretary shall pay into the migratory bird conservation fund the aggregate amount of the proceeds of any transfer or disposal referred to in the preceding sentence." SEC. 2. The amendments made by the first section of this Act shall apply only with respect to transfers and disposals of land initiated and completed after the date of their enactment. Approved July 18, 1968.

July 18, 1968 ^^- 322]

National Wildlife Refuge System. D i s p o s i t i o n of lands, restriction.

Public Law 90-405 JOINT RESOLUTION Authorizing the President to prcK'laim August 11, 1968, as "Family Reunion Day".

Uesolced by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue a proclamation designating August 11, 1968, as "'Family Reunion Day", and calling upon the people of the r n i t e d States to observe such day with appropriate ceremonies and activities. Approved July 18, 1968.

July is, 1958 [S-J- Res, les] Family Reunion Day. Proclamation.

Public Law 90-406 JOINT RESOLUTION To authorize the President to issue a proclamation designating the week of October 13, 1968, as "Salute to Eisenhower Week".

Resolved by the Senate and House of Representatives of the United States of America in Congress ossemMed^ That the President of the United States is hereby authorized and requested to issue a proclamation designating the week of October 13, 1968, as "Salute to Eisenhower Week"', and calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved July 18, 1968.

96-600 O - 69 - 26

July 18, 1968 [ H. J. R e s. 1302]

Salute to Eisenhower V/eek. Proclamation.

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PUBLIC LAW 90-407-JULY 18, 1968

[82 STAT.

Public Law 90-407 July 18, 1968 [H. R. 5404]

AN ACT

To amend the National Science Foundation Act of 1950 to malje changes and improvements in the organization and operation of the Foundation, and for other jmrposes.

Be it enacted by the Senate and Houm of Representatives of the United States of America in Congress assembled, That section 3 of the 1950, amendments. Natioiial Sciciice Foundation Act of 1950 is amended to read as

National Science F o u n d a t i o n Act of 64 Stat. 149. 42 USC 1862.

Reports to P r e s i d e n t and

Congress'.

folIoWS' -l^ll^V^b.

ii

FUNCTIONS

OF THE F O U N D A T I O N

"SEC. 3. (a) The Foundation is authorized and directed— "(1) to initiate and support basic scientific research and programs to strengthen scientific research potential in the mathematical, physical, medical, biological, engineering, social, and other sciences, by making contracts or other arrangements (including grants, loans, and other forms of assistance) to support such scientific activities and to appraise the impact of research upon industrial development and upon the general welfare; "(2) to award, as provided in section 10, scholarships and graduate fellowships in the mathematical, physical, medical, biological, engineering, social, and other sciences; "(3) to foster the interchange of scientific information among scientists in the United States and foreign countries; " (4) to foster and support the development and use of computer and other scientific methods and technologies, primarily for research and education in the sciences; "(5) to evaluate the status and needs of the various sciences as evidenced by programs, projects, and studies undertaken by agencies of the Federal Goveriunent, by individuals, and by public and private research groups, employing by grant or contract such consulting services as it may deem necessary for the purpose of such evaluations; and to take into consideration the results of such evaluations in correlating the research and educational programs undertaken or supported by the Foundation with programs, projects, and studies undertaken by agencies of the Federal Government, by individuals, and by public and private research groups; "(6) to maintain a current register of scientific and technical personnel, and in other ways to provide a central clearinghouse for the collection, interpretation, and analysis of data on the availability of, and the current and projected need for, scientific and technical resources in the Ignited States, and to provide a source of information for policy formulation by other agencies of the Federal Government; and "(7) to initiate and maintain a program for the determination of the total amount of money for scientific research, including money allocated for the construction of the facilities wherein such research is conducted, received by each educational institution and appropriate nonprofit organization in the United States, by grant, contract, or other arrangement from agencies of the Federal Government, and to report annually thereon to the President and the Congress. " (b) The Foundation is authorized to initiate and support specific scientific activities in connection with matters relating to international cooperation or national security by making contracts or other arrangements (including grants, loans, and other forms of assistance) for the conduct of such scientific activities. Such activities when initiated or supported pursuant to requests made by the Secretary of State or

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Rh I will summon you before the board, when it convenes, and be most happy to pay over the five thousand dollars reward. It is the most wonderful thing I ever heard of—most wonderful!"

In a room adjoining that of the president, Tom, his father and Mr. Damon waited for the directors to meet. Mr. Foger could be heard entering a little later.

"What's this I hear, Pendergast?" he cried, rubbing his hands. "The bank robbers captured, eh? Well, that's good news. Of course we'll pay the reward. I always knew my boy was a smart lad. Five thousand dollars will be a tidy sum for him. Of course his chum, Sam Snedecker is entitled to some, but not much. So they've caught Tom Swift and that rascally Damon, eh? I always knew he was a scoundrel! Putting money in here as a blind!"

Mr. Damon heard, and shook his fist.

"I'll make him suffer for that," he whispered.

"Tom Swift arrested, eh?" went on Mr. Foger. "I always knew he was a bad egg. Who caught them? Where are they?"

"In the next room," replied Mr. Pendergast, who loved a joke almost as well as did Tom. "They may come out now," added the president, opening the door, and sending Ned Newton in

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