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Page:United States Statutes at Large Volume 82.djvu/835

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PUBLIC LAW 90-492-AUG. 18, 1968

793

"(2)(A) if it bears or contains (by reason of administration of any substance to the live poultry or otherwise) any added poisonous or added deleterious substance (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive) which may, in the judgment of the Secretary, make such article unfit for human food; " (13) if it is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act; ^^ Stat. s u. " (C) if it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act; .... lllTcTX' " (D) if it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act: Prmnded^ That an article which is not otherwise ^4 ^^^^^J^deemed adulterated under clause (B), (C), or (D) shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by regulations of the Secretary in official establishments; "(3) if it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food; "(4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; "(5) if it is, in whole or in part, the product of any poultiy which has died otherwise than by slaughter; "(6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; ' "(7) if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act; or "(8) if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is. " (h) The term 'misbranded' shall apply to any poultry product "Misbranded." under one or more of the following circumstances: " (1) if its labeling is false or misleading in any particular; " (2) if it is offered for sale under the name of another food; " (3) if it is an imitation of another food, unless its label bears.

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Page:United States Statutes at Large Volume 82.djvu/836

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Post, p. 799.

PUBLIC LAW 90-492-AUG. 18, 1968

[82 STAT.

in type of uniform size and prominence, the word 'imitation' and immediately thereafter, the name of the food imitated; "(4) if its container is so made, formed, or filled as to be misleading; "(5) unless it bears a label showing (A) the n\me and the place of business of the manufacturer, packer, or distributor; and (B) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count: Provided, That under clause (B) of this subparagraph (5), reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established by regulations prescribed by the Secretary; "(6) if any word, statement, or other information required by or under authority of this Act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; "(7) if it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary under section 8 of this Act unless (A) it conforms to such definition and standard, and (B) its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food; "(8) if it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary under section 8 of this Act, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as siich regulations specify, a statement that it falls below such standard: " (9) if it is not subject to the provisions of subparagraph (7), unless its label bears (A) the common or usual name of the food, if any there be, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings may, w-hen authorized by the Secretary, be designated as spices, flavorings, and colorings without naming each: Provided, That to the extent that compliance with the requirements of clause (B) of this subparagraph (9) is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary; "(10) if it purports to be or is represented for special dietary uses unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the Secretary, after consultation with the Secretary of Health, Education, and Welfare, determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses;

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 82.djvu/837

 82 STAT. ]

PUBLIC LAW 90-492-AUG. 18, 1968

"(11) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact: Provided, That, to the extent that compliance with the requirements of this subparagraph (11) is impracticable, exemptions shall be established by regulations promulgated by the Secretary; or "(12) if it fails to bear on its containers, and in the case of^ nonconsumer packaged carcasses (if the Secretary so requires) directly thereon, as the Secretary may by regulations prescribe, the official inspection legend and official ^ a b l i s h m e n t number of the establishment where the article was processed, and, unrestricted by any of the foregoing, such other information as the Secretary may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition. " (i) The term 'Secretary' means the Secretary of Agriculture or his delegate. " (j) The term 'person' means any individual, partnership, corporation, association, or other business unit. " (k) The term 'inspector' means: (1) an employee or official of the United States Government authorized by the Secretary to inspect poultry and poultry products under the authority of this Act, or (2) any employee or official of the government of any State or territory or the District of Columbia authorized by the Secretary to inspect poultry and poultry products under authority of this Act, under an agreement entered into between the Secretary and the appropriate State or other agency. "(1) The term 'official mark' means the official inspection legend or any other symbol prescribed by regulation of the Secretary to identify the status of any article or poultry under this Act. "(m) The term 'official inspection legend' means any symbol prescribed by regulations of the Secretary showing that an article was inspected for wholesomeness in accordance with this Act. " (n) The term 'official certificate' means any certificate prescribed by regulations of the Secretary for issuance by an inspector or other person performing official functions under this Act. " (o) The term 'official device' means any device prescribed or authorized by the Secretary for use in applying any official mark. " (p) The term 'official establishment' means any establishment as determined by the Secretary at which inspection of the slaughter of poultry, or the processing of poultry products, is maintained under the authority of this Act. "(q) The term 'inspection service' means the official Government service within the Department of Agriculture designated by the Secretary as having the responsibility for carrying out the provisions of this Act. " (r) The term 'container' or 'package' includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover. " (s) The term 'label' means a display of written, printed, or graphic matter upon any article or the immediate container (not including packaged liners) of any article; and the term 'labeling' means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article. " (t) The term 'shipping container' means any container used or intended for use in packaging the product packed in an immediate container.

795

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Page:United States Statutes at Large Volume 82.djvu/838

 796

21 USC 301.

71 Stat. 443.

Post, p. 801.

PUBLIC LAW 90-492-AUG. 18, 1968

[82 STAT.

" (u) The term 'immediate container' includes any consumer package; or any other container in which poultry products, not consumer packaged, are packed. "(v) The term 'capable of use as human food' shall apply to any carcass, or part or product of a carcass, of any poultry, unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans. " (w) The term 'processed' means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. " (x) The term 'Federal Food, Drug, and Cosmetic Act' means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and Acts amendatory thereof or supplementary thereto. " (y) The terms 'pesticide chemical', 'food additive', 'color additive', and 'raw agricultural commodity' shall have the same meanings for purposes of this Act as under the Federal Food, Drug, and Cosmetic Act. " (z) The term 'poultry products broker' means any person engaged in the business of buying or selling poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person. " (aa) The term 'renderer' means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of poultry, except rendering conducted under inspection or exemption under this Act. "(bb) The term 'animal food manufacturer' means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of poultry.' s^c. 5. Section 5 of said Act (21 U.S.C. 454) is hereby amended to read: "SEC. 5. (a) I t is the policy of the Congress to protect the consuming public from poultry products that are adulterated or misbranded and to assist in efforts by State and other government agencies to accomplish this objective. In furtherance of this policy— "(1) The Secretary is authorized, whenever he determines that it would effectuate the purposes of this Act, to cooperate with the appropriate State agency in developing and administering a State poultry product inspection program in any State which has enacted a mandatory State poultry product inspection law that imposes ante mortem and post mortem inspection, reinspection and sanitation requirements that are at least equal to those under this Act, with respect to all or certain classes of persons engaged in the State in slaughtering poultry or processing poultry products for use as human food solely for distribution within such State. "(2) The Secretary is further authorized, whenever he determines that it would effectuate the purposes of this Act, to cooperate with appropriate State agencies in developing and administering State programs under State laws containing authorities at least equal to those provided in section 11 of this Act; and to cooperate with other agencies of the United States in carrying out any provisions of this Act. I n carrying out the provisions of this Act, the Secretary may conduct such examinations, investigations, and inspections as he determines practicable through any officer or employee of any State or Territory or the District of Columbia commissioned by the Secretary for such purpose.

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Page:United States Statutes at Large Volume 82.djvu/839

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PUBLIC LAW 90-492-AUG. 18, 1968

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"(3) Cooperation with State agencies under this section may cooperation include furnishing to the appropriate State agency (i) advisory ^es. ^ ^ **^^" assistance in planning and otherwise developing an adequate State program under the State law; and (ii) technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program. The amount to be contributed to any State by the Secretary under this section from Federal funds for any year shall not exceed 50 per centum of the estimated total cost of the cooperative program; and the Federal funds shall be allocated among the States desiring to cooperate on an equitable basis. Such cooperation and payment shall be contingent at all times upon the administration of the State program in a manner which the Secretary, in consultation with the appropriate advisory committee appointed under subparagraph (4), deems adequate to effectuate the purposes of this section. "(4) The Secretary may appoint advisory committees consist- Advisory coming of such representatives of appropriate State agencies as the ""' Secretary and the State agencies may designate to consult with him concerning State and Federal programs with respect to poultry product inspection and other matters within the scope of this Act, including evaluating State programs for purposes of this Act and obtaining better coordination and more uniformity among the State programs and between the Federal and State programs and adequate protection of consumers. "(b) The appropriate State agency with which the Secretary m a j cooperate under this Act shall be a single agency in the State which is primarily responsible for the coordination of the State programs having objectives similar to those under this Act. When the State program includes performance of certain functions by a municipality or other subordinate governmental unit, such unit shall be deemed to be a part of the State agency for purposes of this section. "(c)(1) If the Secretary has reason to believe, by thirty days prior to the expiration of two years after enactment of the Wholesome Poultry Products Act, that a State has failed to develop or is not enforcing, with respect to all establishments within its jurisdiction (except those that would be exempted from Federal inspection under subparagraph (2) of this paragraph (c)) at which poultry are slaughtered, or poultry products are processed for use as human food, solely for distribution within such State, and the products of such establishments, requirements at least equal to those imposed under sections 1-4, 6-10, and 12-22 of this Act, he shall promptly notify the Governor of the State of this fact. If the Secretary determines, after consultation with the Governor of the State, or representative selected by him, that such requirements have not been developed and activated, he shall promptly after the expiration of such two-year period designate such State as one in which the provisions of said sections of this Act shall apply to operations and transactions wholly within such State: Provided, That if the Secretary has reason to believe that the State will activate such requirements within one additional year, he may delay such designation for said period, and not designate the State, if he determines at the end of the year that the State then has such requirements in effective operation. The Secre- ^ Publication in tary shall publish any such designation in the Federal Register and, '""'""' Register. Federal °—"*upon the expiration of thirty days after such publication, the provisions of said sections of this Act shall apply to operations and transactions and to persons engaged therein in the State to the same extent and in the same manner as if such operations and transactions were conducted in or for commerce. However, notwithstanding any

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text:
Page:United States Statutes at Large Volume 82.djvu/840

 798

Requirements

Reports to cong r e s s i o n a l committees. P o s t, p. 807. "State."

71 Stat. 4 4 3.

PUBLIC LAW 90-492-AUG. 18, 1968

[82 STAT.

other provision of this section, if the Secretary determines that any establishment within a State is producing adulterated poultry products for distribution within such State which would clearly endanger the public health he shall notify the Governor of the State and the appropriate advisory committee provided for by subparagraph (a)(4) of this section of such fact for effective action under State or local law. If the State does not take action to prevent such endangering of the public health within a reasonable time after such notice, as determined by the Secretary, in light of the risk to public health, the Secretary may forthwith designate any such establishment as subject to the provisions of said sections of this Act, and thereupon the establishment and operator thereof shall be subject to such provisions as though engaged in commerce until such time as the Secretary determines that such State has developed and will enforce requirements at least equal to those imposed under said sections. " (2) The provisions of this Act requiring inspection of the slaughter of poultry and the processing of poultry products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments if such establishments are subject to such inspection provisions only under this paragraph (c). "(3) Whenever the Secretary determines that any State designated under this paragraph (c) has developed and will enforce State poultry products inspection requirements at least, equal to those imposed under the aioresaid sections of this Act, with respect to the operations and transactions within such State which are regulated under subparagrg,ph (1) of this paragraph (c), he shall terminate the designation of such State under this paragraph (c), but this shall not preclude the subsequent redesignation of the State at any time upon'thirty days' notice to the Governor and publication in the Federal Register in accordance with this^iaragraph, and any State may be designated upon vSuch notice and publication, at any time after the j^eriod specified in this paragraph whether or not the State has theretofore been designated, upon the Secretary determining that it is not effectively enforcing requirements at least equal to those imposed under said sections. "(4) The Secretary shall promptly upon enactment of the Wholesome Poultry Products Act, and periodically thereafter, but at least annually, review the requirements, including the enforcement thereof, of the several States not designated under this paragraph (c), with respect to the slaughter, and the processing, storage, handling, and distribution of poultry products, and inspection of such operations, and annually report thereon to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture and Forestry of the Senate in the report required in section 27 of this Act. " (d) As used in this section, the term 'State' means any State (including the Commonwealth of Puerto Rico) or organized territory." SEC. 6. Section 6 of said Act (21 U.S.C. 455) is hereby amended as follows: (a) Paragraph (a) is amended to read: " (a) For the purpose of preventing the entry into orflowor movement in commerce of, or the burdening of commerce by, any poultry product which is capable of use as human food and is adulterated, the Secretary shall, where and to the extent considered by him necessarjy^, cause to be made by inspectors ante mortem inspection of poultry in each official establishment processing poultry or poultry products for commerce or otherwise subject to inspection under this Act."

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Page:United States Statutes at Large Volume 82.djvu/841

 82

STAT.]

PUBLIC LAW 90-492-AUG. 18, 1968

(b) Paragraph (b) is amended by deletino; the phrase '"in, or for marketing in a designated city or area" and substituting the phrase "otherwise subject to inspection under this Act"; by inserting the word "and" before the word "reinspection"; and by inserting the phrase "capable of use as human food" after the plirase "poultry products" the first time the latter phrase appears in the paragraph. (c) Paragiuph (c) is amended by deleting the phrase "unwholesome or" and the phrase "not unwholesome and" each time they appear therein; and by inserting the word "other" before the phrase "poultry products". SEC. 7. In section 7 of said Act (21 U.S.C. 456) paragraph (a) is hereby amended by deleting the phrase "in or for marketing in a designating major consuming area" and substituting the phrase "otherAvise subject to inspection under this Act"; by deleting the phrase "in a designated major consuming area" and substituting the phrase "burdensome effect upon commerce"; and by deleting the phrase "unwholesome or". SEC. 8. Section 8 of said Act (21 U.S.C. 457) is hereby amended to read: "SEC. 8. (a) All poultry products inspected at any official establishment under the authority of this Act and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, on their shipping containers and immediate contiainers as the Secretary may require, the information required under paragraph (h) of section 4 of this Act. In addition, the Secretary whenever he determines such action is practicable and necessary for the protection of the public, may require nonconsumer pac-kaged carcasses at the time they leave the establishment to bear directly thereon in distinctly legible form any information required under such paragraph "(b) The Secretary, whenever he determines such action is necessary for the protection of the public, may prescribe: (1) the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling in marking and labeling any articles or poultry subject to this Act; (2) definitions and standards of identity or composition or articles subject to this Act and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act, and there shall be consultation between the Secretary and the Secretary of Health, Education, and AVelfare prior to the issuance of such standards under either Act relating to articles subject to this Act to avoid inconsistency in such standards and possible impairment of the coordinated effective administration of these Acts. There shall also be consultation between the Secretary and an appropriate advisory committee provided for in section 5 of this Act, prior to the issuance of such standards under this Act, to avoid, insofar as feasible, inconsistency between Federal and State standards. "(c) No article subject to this Act shall be sold or offered for sale by any person in commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approA'^ed by the Secretary are permitted. " (d) If the Secretary has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this Act is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using

799

7i Stat. 444.

^"'e, p. 793.

^2 Stat. io4o.

^"^^' P- ^-'^•

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Page:United States Statutes at Large Volume 82.djvu/842

 800

PUBLIC LAW 90-492-AUG. 18, 1968

[82 STAT.

or proposiiio- to use the marking, labeling, or container does not accept the determination of the Secretary, such person may request a hearing, but the use of the marking, labeling, or container shall, if the Secretary so directs, be withheld pending hearing and final determination by the Secretary. Any such determination by the Secretary shall be conclusive unless, within thirty days after receipt of notice of such final determination, the person adversely affected thereby appeals to the United States Court of Appeals for the circuit in which such person has its principal place of business or to the United States Court of Appeals for the District of Columbia Circuit. The provisions of section 204 of the Packers and Stockyards Act, 1921 (42 Stat. 162, as 72 Stat. 944. amended; 7 U.S.C. 194) shall be applicable to appeals taken under this section." frs'^at445^'^' ^^^- ^' Section 9 of said Act (21 U.S.C. 458) is amended to read: "SEC. 9. (a) No person shall— "(1) slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing any such articles for commerce, except in compliance with the requirements of this Act; "(2) sell, transport, offer for sale or transportation, or receive for transportation, in commerce, (A) any poultry products which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (B) any poultry products required to be inspected under this Act unless they have been so inspected and passed; " (8) do, with respect to any poultry products which are capable of use as human food, any act while they are being transported in commerce or held for sale after such transportation, which is intended to cause or has the effect of causing'such products to be adulterated or misbranded; "(4)--sell, transport, off'er for sale or transportation, or receive for transportation, in commerce or from an official establishment, any slaughtered poultry f I'om which the blood, feathers, feet, head, or viscera have not been removed in accordance with regulations promulgated by the Secretary, except as may be authorized by regulations of the Secretary; "(5) use to his own advantage, or reveal other than to the authorized representatives of the United States Government or any State or other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of this Act concerning any matter which is entitled to protection as a trade secret. " (b) No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary. "(c) No person shall— " (1) forge any official device, mark, or certificate; "(2) without authorization from the Secretary use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; "(3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device, mark, or certificate; " (4) knowingly possess, without promptly notifying the Secretary or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any

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Page:United States Statutes at Large Volume 82.djvu/843

 82 STAT. ]

PUBLIC LAW 90-492-AUG. 18, 1968

device or label or any carcass of any poultry, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; "(5) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Secretary; or "(6) knowingly represent that any article has been inspected and passed, or exempted, under this Act when, in fact, it has, respectively, not been so inspected and passed, or exempted." SEC. 10. Section 10 of said Act (21 U.S.C. 459) is hereby amended by deleting the phrase "in or for marketing in a. designated major consuming area" and substituting the phrase "otherwise subject to this Act". SEC. 11. Section 11 of said Act (21 U.S.C. 460) is hereby amended to read: " (a) Inspection shall not be provided under this Act at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry, which a,re not intended for use as human food, but such articles shall, prior to their oifer for sale or transportation in commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Secretary to deter their use for human food. No person shall buy, sell, transport, or offer for sale or transportation, or receive for transportation, in commerce, or import, any poultry carcasses or parts or products thereof which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Secretary or are naturally inedible by humans. "(b) The following classes of persons shall, for such period of time as the Secretary may by regulations prescribe, not to exceed two years unless otherwise directed by the Secretary for good cause shown, keep such records as are properly necessary for the effective enforcement of this Act in order to insure against adulterated or misbranded poultry products for the American consumer; and all persons subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative OT^the Secretary, afford such representative access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair m a r k ^ value therefor— "(1) Any person that engages in the business of slaughtering any poultry or processing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any poultry, for commerce, for use as human food or animal food; " (2) Any person that engages in the business of buying or selling (as p|Oultry products brokers, wholesalers or otherwise), or transporting, in commerce, or storing in or for commerce, or importing, any carcasses, or parts or products of carcasses, of any poultry; "(3) Any person that engages in business, in or for commerce, as a Tenderer, or engages in the business of buying, selling, or transporting, in commerce, or importing, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter. "(c) No person shall engage in business, in or for commerce, as a poultry products broker, renderer, or animal food manufacturer, or engage in business in commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for commerce, or engage

801

7i Stat. 446.

Recordkeeping,

Records, access.

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Page:United States Statutes at Large Volume 82.djvu/844

 802

Ante. p. 797.

p.n.ities. 71 Stat. 446.

Ante, p. 793.

PUBLIC LAW 90-492-AUG. 18, 1968

[82 STAT.

in the business of buying, selling, or transporting in commerce, or importing, any dead, dying, disabled, or diseased poultry, or parts of the carcasses of any poultry that died otherwise than by slaughter, unless, when required by regulations of the Secretary, he has registered with the Secretary his name, and the address of each place of business at which, and all trade names under which, he conducts such business. " (d) No person engaged in the business of buying, selling, or transporting in commerce, or importing, dead, dying, disabled, or diseased poultry, or any parts of the carcasses of any f>oultry that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in commerce, or import, any dead, dying, disabled, or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the Secretary may prescribe to assure that such poultry, or the unwholesome parts or products thereof, will be prevented from being used for human f(K)d. "(e) The authority conferred on the Secretary by paragraph (b), (c), or (d) of this section with respect to persons engaged in the specified kinds of business in or for commerce may be exercised with respect to persons engaged, in any State or organized territory, in siich kinds of business but not in or for commerce, whenever the Secretary determines, after consultation with an appropriate advisory committcc provided for in section 5 of this Act, that the State or territory does not have at least equal authority under its laws or such authority is not exercised in a manner to effectuate the purposes of this Act, including the State or territory providing for the Secretary or his representative being afforded access to such places of business and the facilities, inventories, and records thereof, and the taking of reasonable samples, where he determines necessary in carrying out his responsibilities under this Act; and in such case the provisions of paragraph (b), (c), or (d) of this section, respectively, shall apply to such persons to the same extent and in the same manner as if they were engaged in such business in or for commerce and the transactions involved were in commerce." gjjc. 12. Section 12 of said Act (21 U.S.C. 4G1) is hereby amended « ^

^

/

J

as tollows: (a) Paragraph (a) is amended by changing the first sentence to read: "Any person who violates the provisions of section 9,10,11,14, or 17 of this Act shall be fined not more than $1,000 or imprisoned not more than one year, or both; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in section 4(g)(8) of this Act), such person shall be fined not more than $10,000 or imprisoned not more than three years, or both." (b) Paragraph (b) is amended by deleting the phrase "not otherwise eligible" and substituting the phrase "otherwise not eligible"; by deleting the word "slaughtered" each time it appears; and by adding the following before the period at the end of the paragraph: "or miless the carrier refuses to furnish on request of a representative of the Secretary the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any there be, pertaining to the delivery of the poultry or poultry products tx) such carrier". (c) A new paragraph (c) is added to read: "(c) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of thes performance of his official duties under this Act shall

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Page:United States Statutes at Large Volume 82.djvu/845

 82 STAT. ]

PUBLIC LAW 90-492-AUG. 18, 1%8

be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever, in the commission of any such acts, uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of his official duties under this Act shall be punished as provided under sections 1111 and 1114 of title 18, United States Code.'' SEC. 13. (a) Section 14 of said Act (21 U.S.C. 463) is herebv amended by designating the present provisions thereof as paragraph (b); by inserting the word "other" before the word "rules" in said paragraph; and by adding a new paragraph (a) to read: " (a) The Secretary may by regulations prescribe conditions under which poultry products capable of use as human food, shall be stored or otherwise handled b j any person engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such regulation is prohibited. (b) Section 14 of said Act is further amended by inserting at the end thereof the following new subsection: "(c) In applying the provisions of section 553(c) of title 5, United States Code, to proposed rule making under this Act, an opportunity for the oral presentation of views shall be accorded all interested persons." SEC. 14. Section 15 of said Act (21 U.S.C. 464) is hereby amended as follows: (a) I n paragraph (a), subparagraph (1) is deleted and Subparagraphs (2), (3), and (4) are redesignated, respectively, as subparagraphs (1), (2), and (3); (b) I n paragraph (a), in redesignated subparagraph (2) (formerly (3)), the date "July 1, 1960" is deleted and the date "January 1, 1970" is substituted therefor; (c) Paragraph (b) is redesignated as paragraph (e) and new paragraphs (b), (c),and (d) are added to read: " (b) The Secretary may, under such sanitary conditions as he may by regulations prescribe, exempt from the inspection requirements of this Act the slaughter of poultry, and the processing of poultry products, by any person in any Territory not organized with a legislative body, solely for distribution within such Territory, when the Secretary determines that it is impracticable to provide such inspection within the limits of funds appropriated for administration of this Act and that such exemption will aid in the effective administration of this Act. "(c)(1) The Secretary shall, by regulation and under such conditions, including sanitary standards, practices, and procedures, as he may prescribe, exempt from specific provisions of this Act— " (A) the slaughtering by any person of poultry of his own raising, and the processing by him and transportation in commerce of the poultry products exclusively for use by him and members of his household and his nonpaying guests and employees; '^(B) the custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation in commerce of the poultry products exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees: Provided, That such custom slaughterer does not

803

62 Stat. 756; VeSiatfons. 7i Stat. 447.

so Stat. 333.

Exemption.

Exemptions.

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Page:United States Statutes at Large Volume 82.djvu/846

 804

Ante,

PUBLIC LAW 90-492-AUG. 18, 1968

p. 792.

[82 STAT.

engage in the business of buying or selling any poultry products capable of use as human food; " (C) the slaughtering and processing of poultry products in any State or Territory or the District of Columbia by any poultry producer on his own premises with respect to sound and healthy poultry raised on his premises and the distribution by any person solely within such jurisdiction of the poultry products derived from such operations, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not otherwise misbranded, and are sound, clean, and fit for human food when so distributed; and " (D) the slaughtering of sound and healthy poultry or the processing of poultry products of such poultry in any State or territory or the District of Columbia by any poultry producer or other person for distribution by him solely within such jurisdiction directly to household consumers, restaurants, hotels, and boarding houses, for use in their own dining rooms, or in the preparation of meals for sales direct to consumers, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of the processor, and if they are not otherwise misbranded and are sound, clean, and fit for human food when distributed by such processor. The exemptions provided for in clmises (C) and (D) above shall not apply if the poultry producer or other person engages in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified m such clauses. "(2) I n addition to the specific exemptions provided herein, the Secretary shall, when he determines that the protection of consumers from adulterated or misbranded poultry products will not be injipaired by such action, provide by regulation, consistent with subparagraph (3), for the exemption of the operation and products of small enterprises (including poultry producers), not exempted under subparagraph (1), which are engaged in any State or Territory or the District of Columbia in slaughtering and/or cutting up poultry for distribution as carcasses or parts thereof solely for distribution within such jurisdiction, from such provisions of this Act as he deems appropriate, while still protecting the public from adulterated or misbranded products, under such conditions, including sanitary requirements, as he shall prescribe to effectuate the purposes of this Act. "(3) No exemption under subparagraph (1)(C) or (D) or subparagraph (2) shall apply to any poultry producer or other person who slaughters or processes the products of more than 5,000 turkeys or an equivalent number of poultry of all species in the current calendar year (four birds of other species being deemed the equivalent of one turkey). " (4) The provisions of this Act shall not apply to poultry producers with respect to poultry of their own raising on their own farms if (i) such producers slaughter not more than 250 turkeys, or not more than an equivalent number of birds of all species during the calendar year for which this exemption is being determined (four birds of other species being deemed the equivalent of one t u r k e y); (ii) such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms; and (iii) none of such poultry moves in commerce (as defined in section 4(a) of this Act). " (d) The adulteration and misbranding provisions of this Act, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection under this section, except as otherwise specified under paragraphs (a) and (c). "

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PUBLIC LAW 90-492-AUG. 18, 1968

805

SEC. 15. Section 16 of said Act (21 U.S.C. 465) is hereby amended ^^ ^'^'- ^'^''• to read: "SEC. 16. The Secretary may limit the entry of poultry products and other materials into any official establishment, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this Act." SEC. 16. Section 18 of said Act (21 U.S.C. 467) is hereby amended to i^J,"^*'"'" ^"^' read: "SEC. 18. (a) The Secretary may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Act) refuse to provide, or withdraw, inspection service under this Act with respect to any establishment if he determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit tx) engage in any business requiring inspection upon this Act because the applicant or recipient or anyone responsibly connected with the applicant or recipient, has been convicted, in any Federal or State court, within the previous ten years of (1) any felony or more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food or fraud in connection with transactions in food; or (2) any felony, involving fraud, bribery, extortion, or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health. For the purpose of this paragraph a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 per centum or more of its voting stock or employee in a managerial or executive capacity. "(b) Upon the withdrawal of inspection service from any official bearing. establishment for failure to destroy condemned poultry products as required under section 6 of this Act, or other failure of an official ^"'e, p. 798. establishment to comply with the requirements as to premises, facilities, or equipment, or the operation thereof, as provided in section 7 of this Act, or the refusal of inspection service to any applicant therefor ^"*^' P- '^^^ because of failure to comply with any requirements under section 7,the applicant for, or recipient of, -the service shall, upon request, be afforded opportunity for a hearing with respect to the merits or validity of such action; but such withdrawal or refusal shall continue in effect unless otherwise ordered by the Secretary. " (c) The determination and order of the Secretary when made after Judicial review. opportunity for hearing, with respect to withdrawal or refusal of inspection service under this Act shall be final and conclusive unless the affected af)plicant for, or recipient of, inspection service files application for judicial review within thirty days after the effective date of such order in the United States Court of Appeals as provided in section 8 of this Act. Judicial review of any such order shall be upon the record upon which the determination and order are based. The provisions of section 204 of the Packers and Stockyards Act of 1921, as amended, shall be applicable to appeals taken under this section." ^l ^*''*- ^^2; SEC. 17. Sections 19;through 22 of said Act (21 U.S.C. 468, 469, 451 7 USC l i note) are hereby redesignated as sections 25,26,28, and 29, respectively, and new sections 19, 20, 21, 22, 23, 24, and 27 are added to the Act to read, respectively: "SEC. 19. Whenever any poultry product, or any product exempted „^^°""jfenti',fn ucts, from the definition of a poultry product, or any dead, dying, disabled, '"^^ detention. or diseased poultry is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to this Act, and there is reason to believe that any such article is adulterated or mis-

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 PUBLIC LAW 90-492-AUG. 18, 1968

806

Poultry produ c t s, s e i z u r e, condemnation, and disposal.

Courts, jurisdic-

Ante, 805.

pp. 799,

[82 STAT.

branded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of this Act or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that it has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under section 20 of this Act or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or poultry, and shall not be moved by any person, from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or poultry before it is released unless it appears to the satisfaction of the Secretary that the article or poultry is eligible to retain such marks. "SEC. 20. (a) Any poultry product, or any dead, dying, disabled, or diseased poultry, that is being transported in commerce or otherwise subject to this Act, or is held for sale in the United States after such transportation, and that (1) is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in violation of this Act, or (2) is capable of use as human food and is adulterated or misbranded, or (3) in any other way is in violation of this Act, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any United States district court or other proper court as provided in section 21 of this Act within the jurisdiction of which the article or poultry is found. If the article or poultry is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of the United States, but the artiglB or poultry shall not be sold contrary to the provisions of this Act, or the laws of the jurisdiction in which it is soldi Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the article or poultry shall not be sold or otherwise disposed of contrary to the provisions of this Act, or the laws of the jurisdiction in which disposal is made, the court may direct that such article or poultry be delivered to the owner thereof subject to such supervision by authorized representatives of the Secretary as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or poultry and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or poultry. The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States. "(b) The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this Act, or other laws. "SEC. 21. The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically tO enforce, and to prevent and restrain violations of, this Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in section 8(d) or 18 of this Act. All proceedings for the enforcement or to restrain violations of this Act shall be by and in the name of the United States. Subpenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any such proceeding.

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807

"SEC. 22. For the efficient administration and enforcement of this Act, the provisions (including penalties) of sections 6, 8, 9, and 10 of the Federal Trade Commission Act, as amended (38 Stat, 721-723, as amended; 15 U.S.C. 46,48,49, and 50) (except paragraphs (c) through (h) of section 6 and the last paragraph of section 9), and the provisions of subsection 409(1) of the Communications Act of 1934 (48 Stat. 1096, as amended; 47 U.S.C. 409 (1)), are made applicable to the juris- ^e Stat. 722. diction, powers, and duties of the Secretary in administering and enforcing the provisions of this Act and to any person with respect to whom such authority is exercised. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this,Act in any part of the United States, and the powers conferred by said sections 9 and 10 of the Federal Trade Commission Act as amended on the district courts of the United States may be exercised for the purposes of this Act by any court designated in section 21 of this Act. "SEC. 23. Re(][uirements within the scope of this Act wnth respect to premises, facilities and operations of any official establishment, which are in addition to, or different than those made under this Act may not be imposed by any State or Territory or the District of Columbia, except that any such jurisdiction may impose recordkeeping and other requirements within the scope of paragraph (b) of section 11 of this Act, if consistent therewith, with respect to any such establishment, ^"'e- P- soiMarking, labeling, packaging, or ingredient requirements (or storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce) in a,ddition to, or different than, those made under this Act may not be imposed by any State or Territory or the District of Columbia with respect to articles prepared at any official establishment in accordance with the requirements under this Act, but any State or Territory or the District of Columbia may, consistent with the requirements under this Act, exercise concurrent jurisdiction with the Secretary over articles required to be inspected under this Act, for the purpose of preventing the distribution for human food purposes of any such articles which are adulterated or misbranded and are outside of such an establishment, or, in the case of imported articles which are not at such an establishment, after their entry into the United States. This Act shall not preclude any State or Territory or the District of Columbia from making requirement or taking other action, consistent with this Act, with respect to any other matters regulated under this Act. "SEC. 24. (a) Poultry and poultry products shall be exempt from the provisions of the Federal Food, Drug, and Cosmetic Act to the ^2 Stat. i040. extent of the application or extension thereto of the provisions of this Act, except that the provisions of this Act shall not derogate from any authority conferred by the Federal Food, Drug, and Cosmetic Act prior to enactment of the Wholesome Poultry Products Act. "(b) The detainer authority conferred by section 19 of this Act ^"'e. P-sos. shall apply to any authorized representative of the Secretary of Health, Education, and Welfare for purposes of the enforcement of the Federal Food, Drug, and Cosmetic Act with respect to any poultry carcass, or part or product thereof, that is outside any official establishment, and for such purposes the first reference to the Secretary in section 19 shall be deemed to refer to the Secretary of Health, Education, and Welfare. "SEC. 27. The Secretary shall annually report to the Committee on Reports to congressional Agriculture of the House of Representatives and the Committee on mittees. com"""" Agriculture and Forestry of the Senate with respect to the slaughter of poultry subject to this Act, and the preparation, storage, handling, and distribution of poultry parts, poultry products, and inspection of

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Page:United States Statutes at Large Volume 82.djvu/850

 808

Ante, pp. 796805.

Separability.

Effective date.

Ante, p. 800. Ante, p. 803.

Ante, p. 801.

PUBLIC LAW 90-493-AUG. 19, 1968

[82 STAT.

establishments operated in connection therewith, including the operations under and the effectiveness of this Act." SEC. 18. The heading "Designation" preceding section 5 of said Act is hereby amended to read "J^'ederal and State cooperation"; the heading "Labeling" preceding section 8 of said Act is hereby amended to read "Labeling and containers; standards"; the heading "Records of interstate shipment" preceding section 11 of said Act is hereby amended to read "Articles not intended for human food; record and related requirements for processors of poultry products and related industries engaged in commerce; registration requirements for related industries engaged in commerce; regulation of transactions in commerce in dead, dying, disabled, or diseased poultry and carcasses thereof; authority to regulate comparable intrastate activities"; and the heading "Violations by exempted persons" preceding section 16 of said Act is hereby amended to read "Entry of materials into official establishments." SEC. 19. If any provisions of this Act or of the amendments made hereby or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the remaining amendments and of the application of such provision to other persons and circumstances shall not be affected thereby. SEC. 20. This Act shall become effective upon enactment except as provided in paragraphs (a) through (c): (a) The provisions of subparagraphs (a)(2)(A) and (a)(3) of section 9 of the Poultry Products Inspection Act, as amended by section 9 of this Act, shall become effective upon the expiration of sixty days after enactment hereof. (b) Section 14 of this Act, amending section 15 of the Poultry Products Inspection Act, shall become effective upon the expiration of sixty days after enactment hereof. (c) Paragraph 11(d) of the Poultry Products Inspection Act, as added by section 11 of this Act, shall become effective upon the expiration of sixty days after enactment hereof. Approved August 18, 1968, 10:20 a.m.

Public Law 90-493 August 19, 1968 [H.R. 16027]

Veterans. Disability compensation, increase. 79 Stat. 1154.

AN ACT To amend title 38, United States Code, to provide increases in rates of compensation for disabled veterans, 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 314 of title 38, United States Code, is amended— (1) by striking out "$21" in subsection (a) and inserting in lieu thereof "$23"; (2) by striking out "$40" in subsection (b) and inserting in lieu thereof "$43"; (3) by striking out "$60" in subsection (c) and inserting in lieu thereof "$65"; (4) by striking out "$82" in subsection (d) and inserting in lieu thereof "$89"; (5) by striking out "$113" in subsection (e) and inserting in lieu thereof "$122"; (6) by striking out "$136" in subsection (f) and inserting in lieu thereof "$147"; (7) by striking out "$161" in subsection (g) and inserting in lieu thereof "$174";

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PUBLIC LAW 90-493-AUG. 19, 1968

809

(8) by striking out "$186" in subsection (h) and inserting in lieu thereof "$201"; (9) by striking out "$209" in subsection (i) and inserting in lieu thereof "$226"; (10) by striking out "$300" in subsection (j) and inserting in lieu thereof "$400"; (11) b^ striking out "$600" in subsections (k), (o), and (p) and inserting in lieu thereof "$700"; (12) by striking out "$400" in subsection (1) and inserting in lieu thereof "$500"; (13) by striking out "$450" in subsection (m) and inserting in lieu thereof "$550"; (14) by striking out "$525" in subsection (n) and inserting in lieu thereof "$625"; (15) by striking out "$250" in subsection (r) and inserting in lieu thereof "$300"; (16) by striking out "$350" in subsection (s) and inserting in lieu thereof "$450"; (17) by striking out "$400" in subsection (k) and inserting in ^^ ^*^*- ^^"• lieu thereof "$500". (b) The Administrator of Veterans' Affairs may adjust adminis- ^^*^ adjusttratively, consistent with the increases authorized by this section, the "" " ^' rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 who are not in receipt of ^2?*^• ^^^'^^. ^g* compensation pursuant to chapter 11 of title 38, United States Code. prec. 101"° ^ SEC. 2. The compensation payable pursuant to the amendments made 38 USC 301. by this Act shall be payable fcJeginning with the first day of January 1969. SEC. 3. (a) Section 617 of title 38, United States Code, is amended JtT^.i^'^'' to read as follows: "The Administrator may furnish an invalid lift, or any type of therapeutic or rehabilitative device, as well as other medical equipment and supplies (excludi;ng medicines), if medically indicated, to any veteran who is receiving (1) compensation under subsections 314 (l) - (p) (or the comparable rates provided pursuant to section 334) 72 Stat. 1123. of this title, or (2) pension under chapter 15 of this title by reason 38 USC 501. of being in need of regular aid and attendance." (b) The analysis of chapter 17 of title 38, United States Code, is amended by striking out "Sec. 617. Invalid lifts and other devices for pensioners."
 * § 617. Invalid lifts and other devices

and inserting in lieu thereof the following: "Sec. 617. Invalid lifts and other devices."

4. (a) Section 314(q) and section 356 of title 38, United States R«P«^I«Code, are hereby repealed. (b) The repeals made by subsection (a) of this section shall not apply in the case of any veteran who, on the date of enactment of this xlct, was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest. SEC. 6. Any veteran determined by the Administrator of Veterans' p^f"if^|<fho^] 1 Affairs to have received overpayments of educational benefits under Board, L overa., former chapter 33 of title 38, United States Code, in connection with payments. the institutional on-f arm training program conducted by the Tangipa^^°'' hoa Parish School Board, Amite, Louisiana, shall be relieved of all liability to the United States for the amount of such overpayment, SEC.

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PUBLIC LAW 90-494-AUG. 20, 1968

[82 STAT.

remaining due on the effective date of this section, if he makes application for relief within two years following the date of enactment of this Act, and if the Administrator finds that such veteran— (1) owned, or operated under a valid lease, a farm which met the requirements of the law and implementing Veterans' Administration regulations; (2) was engaged in the cultivation of such farm and was not employed on a full-time basis in a non-farm occupation; and (3) participated in the institutional instruction furnished by the Tangipahoa Parish School Board in connection with the institutional on-farm training program, even though such instruction may not have met all of the requirements of the law and implementing Veterans' Administration regulations. I n the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for amounts for which liability is relieved by this section. Approved August 19, 1968. Public Law 90-494 August 20, 1968 [S. 633]

Foreign Service Information Officer Corps. Establishment.

AN ACT To promote the foreign policy of the United States by strengthening and improving the Foreign Service personnel system of the United States Information Agency through establishment of a Foreign Service Information OflScer Corps.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby established a category of officers of the United States Information Agency (hereinafter referred to as "the Agency") to be known as Foreign Service information officers. STATEMENT OF POLICY

SEC. 2. It is the sense of the Congress that the establishment of a permanent career service for officers of the Agency who serve our country throughout the world in a vital function of the foreign relations of the United States is essential to enable the Director of the United States Information Agency (hereinafter referred to as "the Director") to carry out effectively such functions and responsibilities assigned to the Agency. STATEMENT OF PURPOSES

SEC. 3. The Congress of the United States hereby declares that the purposes of this Act are— (a) to provide a statutory basis necessary for a worldwide career officer personnel system designed to meet the continuing needs of both the Agency and those qualified citizens who shall serve as Foreign Service information officers in this vital activity; (b) to give the Director the full range of personnel authority necessary to establish and administer the Foreign Service Information Officer Corps; (c) to regularize the personnel system of the Agency by establishing a career service in which qualified Foreign Service information officers may be recruited, trained, and serve; (d) to assure maximum efficiency and flexibility in the utilization of the talents of Foreign Service information officers; and

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PUBLIC LAW 90-494-AUG. 20, 1968

(e) to accord Foreign Service information officers the same rights and perquisites and to subject them to the same stringent judgment of performance as Foreign Service officers employed under the provisions of the Foreign Service Act of 1946, as amended amenueu. AUTHORITY

OF THE DIRECTOR

811

so Stat. 999. 22 USC goi note.

SEC. 4. Foreign Service information officers shall be under the direction and authority of the Director of the Agency. Authority available to the Secretary of State with respect to Foreign Service officers shall be available on the same basis to the Director of the Agency with respect to Foreign Service information officers, except as provided in section 11 of this Act. POLICIES A N D

REGULATIONS

SEC. 5. The Foreign Service information officer personnel system shall be compatible with the Foreign Service officer personnel system. Toward this end, the Director with respect to the Foreign Service information officer personnel system and the Secretary of State with respect to the Foreign Service officer personnel system, after consultation with such officials as the President may determine, shall promulgate policies and regulations governing such systems. Both systems shall be administered, to the extent practicable, in conformity with general policies and regulations of the Federal Government issued in accordance with law. APPOINTMENT AND

Personnel systems.

ASSIGNMENT

SEC. 6. (a) Subject to section 4, Foreign Service information officers shall be appointed and assigned at classes and salaries, and in accordance with requirements and procedures, which correspond to those classes, salaries, requirements, and procedures, except with regard to career ambassadors, prescribed by sections 412, 413, 421, 422, 431(c), 432, 441, 500, 501(b), 502(b), 511, 514 through 520, 571 through 575, and 578 of the Foreign Service Act of 1946, as amended. ^0 sta^. ^loos-^^ (b) The President shall, by and with the advice and consent of the career Ministers Senate, appoint Career Ministers for Information. ^°^ information. (c) The Secretar}^ of State may, upon request of the Director, fur- a^^^fffcers'*"^" nish the President with the names of Foreign Service information officers qualified for appointment to the class of Career Minister for Information, together with pertinent information about such officers, but no person shall be appointed into the class of Career Minister for Informaition who has not been appointed to serve in an Embassy as a Minister for Public Affairs or appointed or assigned to serve in a position which, in the opinion of the Director, is of comparable importance. A list of such positions shall from time to time be published by the ubucauon^'^*^' Director. (d) The per annum salary of a C.areer Minister for Information shall be the same as that provided by section 412 of the Foreign Service Act of 1946, as amended, for the class of Career Minister. '^^ ^*^t. 411; '

'

8122 USC 632. Stat. 867. PROMOTION

SEC. 7. Foreign Service information officers shall be promoted in accordance with the provisions of sections 621 through 623, and 626 of the Foreign Service Act of 1946, as amended, and shall receive withinclass salary increases m accordance with section 625 of such Act.

^^ ^^^^ ^34.

22 USC 991-996.

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 812

PUBLIC LAW 90-494-AUG. 20, 1968 SEPARATION AND

22 USC 10011007.

[82 STAT.

RETIREMENT

SEC. 8. Foreign Service information officers shall be separated and retired in accordance with sections (vU through 637 of the Foreign Service Act of 1946, as amended. TARTICIPATION I N THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM

22 USC 10611121.

74 Stat. 844. 22 USC 1092. Mandatory retirement.

Voluntary retirement.

74 Stat. 839, 840; 7 9 Stat. 1131. 22 USC 1076Effective dates.

SEC. 9. (a) Foreign Service information officers shall be participants in and entitled to the benefits of the Foreign Service retirement and disability system under title VIII of the Foreign Service Act of 1946, as amended, on the same basis as Foreign Service officers. Any such Foreign Service information officer who becomes a participant in such system shall make contributions to the Foreign Service retirement and disability fund on the same basis as Foreign Service officers. (b) I n accordance with such regulations as the President may prescribe, any Foreign Service Staff officer or employee appointed by the Agency who has completed at least ten years of continuous service, exclusive of military service, in the Foreign Service of the Agency shall become a participant in the Foreign Service retirement and disability system and shall make a special contribution to the Foreign Service retirement and disability fund in accordance with the provisions of section 852 of the Foreign Service Act of 1946, as amended. (c) Any such officer or employee who, under the provisions of paragraph (b) of this section, becomes a participant in the Foreign Service retirement and disability system, shall be mandatorily retired for age during the third year after the effective date of that paragraph if he attains age sixty-four or if he is over age sixty-four; during the fourth year at age sixty-three; during the fifth year at age sixty-two; during the sixth year at age sixty-one, and thereafter at age sixty. (d) Any officer or employee who becomes a participant in the Foreign Service retirement and disability system under the provisions of paragraph (b) of this section who is age fifty-seven or over on the effective date of that paragraph, may retire voluntarily at any time before mandatory retirement under paragraph (c) of this section and receive retirement benefits under section 821 of the Foreign Service Act of 1946, as amended. (e) The provisions of paragraph (b) of this section becomes effective on the first day of the first month which begins more than one year after the date of enactment of this Act, except that any Foreign Service Staff officer or employee, who at the time this Act becomes effective laeets the requirements for participation in the Foreign Service retirement and disability system, may elect to become a participant in the system before the mandatory provisions become effective. Such Foreign Service Staff' officers and employees shall become participants effective on the firet day of the second month following the date of their application for earlier participation. OTHER APPLICABLE PROVISIONS OF LAW

60 Stat. 999. 22 USC 801 note.

SEC. 10. All other provisions of the Foreign Service Act of 1946, as amended, or of any other law, which apply to Foreign Service officers and are not referred to above, shall be applicable to Foreign Service information officers.

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PUBLIC LAW 90-494-AUG. 20, 1968

813

COMMISSION I N G A N D A S S I G N M E N T AS W P L O M A T I C AND CONSULAR OFFICERS

SEC. 11. (a) The Secretary of State may, upon request of the Director, recommend to the President that Foreign Service information officers be commissioned as diplomatic or consular officers, or both, in accordance with section 512 of the Foreign Service Act of 1946, as amended. (b) The Secretary of State may, upon request of the Director, assign Foreign Service information officers, commissioned as diplomatic or consular officers, to serve under such commissions in accordance with sections 512 and 514 of the Foreign Service Act of 1946, as amended.

^o st^^. ^1007. 909.

I N T E R P R E T A T I O N A N D CONSTRUCTION

SEC. 12. For the purposes of this Act the term "Foreign Service officer"' when used in the Foreign Service Act of 1946, as amended, or in any other provision of law shall be construed to mean "Foreign Service information officer" and the term "Secretary of State" when used with respect to authorities applicable to Foreign Service officers shall be construed to mean the Director of the United States Information Agency with respect to Foreign Service information officers. TRANSFER OF AGENCY FOREIGN SERVICE OFFICERS TO FOREIGN SERVICE INFORMATION OFFICER STATUS

SEC. 13. Agency Foreign Service officers on active service on the effective date of this Act shall, by virtue of this Act, be transferred from the classes in which they are serving on such date to the comparable salaries and classes of Foreign Service information officers established by this Act. Service in the former class shall be considered as constituting service in the new class for the purposes of determining (1) eligibility for promotion, in accordance with the provisions of section 622, (2) liability for separation, in accordance with the provisions of section 633, (3) continuation of probationary status pursuant to section 635, and (4) credit for time served toward in-class l^romotion in accordance with section 625.

^° ^sc 99^'^' 59 Stat. 25. 22 USC 1003. 74 Stat. 834^. 22 USC 9 9 5.

VETERANS' PREFERENCE

SEC. 14. Notwithstanding the provisions of section 3320 of title 5 of the United States Code, the fact that any applicant is a veteran ^° ^*^*- ''^zor disabled veteran, as defined in section 2108(1) or (2) of such title, g^s^a*^* 9^°' shall be taken into consideration as an affirmative factor in the selection of applicants for initial appointment as Foreign Service officers or Foreign Service information officers. TENURE OF FOREIGN SERVICE RESERVE OFFICERS

SEC. 15. (a) Any officer appointed as a Foreign Service Reserve officer after the date of enactment of this Act may serve as such for not more than five years. During such period (no sooner than the expiration of the third year but no later than the expiration of the fifth year) such Foreign Service Reserve officer shall be appointed as a Foreign Service officer, Foreign Service Information Officer, Foreign Service Reserve officer with unlimited tenure, Foreign Service Staff officer, or shall be terminated as a Foreign Service Reserve officer.

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 814 60 Stat. 1009. 927^. ^^^'

PUBLIC LAW 90-494-AUG. 20, 1968

(b) Notwithstanding the provisions of sections 522 and 527 of the Foreign Service Act of 1946, as amended, an appointment of any Foreign Service Reserve officer existing on the date of enactment of this Act may be extended, but not beyond the expiration of the fiveyear period beginning on such date of enactment. RETIREMENT A N D SEPARATION OF FOREIGN SERVICE RESERVE

74 Stat. 844, 22 USC 1092.

845

69 Stat. 1003 25. 22 USC 1004

[82 STAT.

OFFICERS

SEC. 16. (a) I n accordance with such regulations as the President may prescribe, any Foreign Service Reserve officer with unlimited tenure shall become a participant in the Foreign Service retirement and disability system and shall make a special contribution to the Foreign Service Retirement and Disability F u n d in accordance with the provisions of section 852 of the Foreign Service Act of 1946, as amended. Beginning on the date of enactment of this Act, any Reserve officer referred to in the preceding sentence shall be mandatorily retired for age in accordance with the provisions of subsections (c) and (d) of section 9 of this Act. (b) The provisions of sections 633 and 634 of the Foreign Service Act of 1946, as amended, shall apply to Foreign Service Reserve officers With unlimited tenure. PRESENT

FOREIGN

SERVICE RESERVE

OFFICERS

SEC. 17. Any Foreign Service Reserve officer appointed before the date of enactment of this Act who has completed at least three years of continuous and satisfactory service as such on such date of enactment, or who will have completed at least three years of such service before the expiration of the three-year period beginning on such date of enactment, may be appointed as a Foreign Service Reserve officer with unlimited tenure. L I M I T A T I O N O N E X T E N S I O N OF FOREIGN SERVICE RESERVE OFFICER APPOINTMENTS

22 u'sc 92^^

SEC. 18. Paragraph (3) of section 522 of the Foreign Service Act ^^ 1946, as amended, is amended by inserting immediately before the period at the end thereof the following: "; except that the authority contained in this paragraph relating to extending the appointment of any Reserve officer, and to continuing the services of any such Reserve officer by reappointment, shall not be applicable to the Department of State and the United States Information Agency". EXCLUSION OF CERTAIN AGENCIES

SEC. 19. The provisions of sections 15, 16, and 17 of this Act shall not apply to officers and employees of the Agency for International Development, the Peace Corps, and the Arms Control and Disarmament Agency. Approved August 20, 1968.

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Page:United States Statutes at Large Volume 82.djvu/857

 82 STAT. J

PUBLIC LAW 90-495-AUG. 2^3. 1968

815

Public Law 90-495 AN ACT

August 23, 1968

To authorize appropriations for the fiscal years 1970 and 1971 for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.

^^"^''^^^

Be it ennxiied by the Senate and House of Representatlven United States of America in Congress assembled. •'

"^ SHORT

SECTION

of the

'

Pederai-Aid Highway Act of 1968.

TITLE

1. This Act may be cit^d as the "Federal-Aid Highway Act

of 1968". REVISION O F AUTHORIZATION OF APPROPRIATIONS FOR I N T E R S T A T E SYSTEM

SEC. 2. Subsection (b) of section. 108 of the Federal-Aid Highway Act of 1956, as amended, is amended to read as follows: "(b)

AUTHORIZATION OF APPROPRIATIONS.—For the purpose of ex-

so sta^ 766 23 USC 101 note.

pediting the construction, reconstruction, or improvement, inclusive of necessary bridges and tunnels, of the Interstate System, including extensions thereof through urban areas, designated in accordance with the provisions of subsection (d) of section 103 of title 23, United States Code, there is hereby authorized to be appropriated the additional sum 8174 Stat. 4 1 5; Stat. 772. of $1,000,000,000 for the fiscal year ending June 30, 1957, which sum shall be in addition to the authorization heretofore made for that year, the additional sum of $1,700,000,000 for the fiscal year ending June 30, 1958, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1959, the additional sum of $2,500,000,000 for the fiscal year ending June 30, 1960, the additional sum of $1,800,000,000 for the fiscal year ending June 30, 1961, the additional sum of $2,200,000,000 for the fiscal year ending June 30, 1962, the additional sum of $2,400,000,000 for the fiscal year ending June 30, 1963, the additional sum of $2,600,000,000 for the fiscal year ending June 30, 1964, the additional sum of $2,700,000,000 for the fiscal year ending June 30, 1965, the additional sum of $2,800,000,000 for the fiscal year ending June 30, 1966, the additional sum of $3,000,000,000 for the fiscal year ending June 30, 1967, the additional sum of $3,400,000,000 for the fiscal year ending June 30, 1968, the additional sum of $3,800,000,000 for the fiscal year ending June 30, 1969, the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1970, the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1971, the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1972, the additional sum of $4,000,000,000 for the fiscal year ending June 30, 1973, and the additional sum of $2,225,000,000 for the fiscal year ending June 30, 1974. Nothing in this subsection shall be construed to authorize the appropriation of any sums to carry out sections 131, 136, or 319(b) of title 23, United States Code, or any provision of law relating to highway safety en- ^^ ^*^*- ^^^s acted after May 1, 1966." s s j j \flu\^]Vs. AUTHORIZATION OF USE OF COST ESTIMATE FOR APPORTIONMENT OF INTERSTATE FUNDS

SEC. 3. The Secretary of Transportation is authorized to make the apportionment for the fiscal years ending June 30, 1970, and 1971, of the sums authorized to be appropriated for such years for expenditures on the National System of Interstate and Defense Highways, using the apportionment factors contained in the revision of table 5 of House Document Numbered 199, Ninetieth Congress, set forth in Senate Report 1340, Ninetieth Congress.

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 816

PUBLIC LAW 90-495-AUG. 23, 1968

[82 STAT.

E X T E N S I O N OF T I M E FOR C O M P L E T I O N OF SYSTEM

80 Stat. 767.

77 Stat. 277.

Estimate. T r a n s m i t t a l to Congress.

SEC. 4. (a) The second paragraph of section 101(b) of title 23, United States Code, is amended by striking out "sixteen years' " and inserting in lieu thereof "eighteen years' " and by striking out "June 30, 1972", and inserting in lieu thereof "June 30, 1974". (b) The introductory^ phrase and the second and third sentences of section 104(b)(5) of title 23, United States Code, are amended by striking "1972" where it appears and inserting in lieu thereof "1974", and such section 104(b)(5) is further amended by striking the three sentences preceding the last sentence and inserting in lieu thereof the followii^: "Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1970, and June 30, 1971. The Secretary shall make a final revised estimate of the cost of completing the then designated Interstate System after taking into account all previous apportionments made under this section, in the same manner as stated above, and transmit the same to the Senate and the House of Representatives within ten days subsequent to January 2, 1970. Upon the approval by the Congress, the Secretary shall use the Federal share of such approved estimate in making apportionments for the fiscal years ending June 30, 1972, June 30, 1973, and June 30, 1974." AUTHORIZATIONS

79 Stat. 1028, 1030, 1032; 80 Stat. 768.

80 Stat. 734. 23 USC 135 note.

SEC. 5. For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated: (1) For the Federal-aid primary system and the Federal-aid secondary system and for their extension within urban areas, out of the Highway Trust Fund, $1,100,000,000 for the fiscal year ending June 30, 1970, and $1,100,000,000 for the fiscal year ending June 30, 1971. Nothing in this paragraph shall be construed to authorize the appropriation of any sums to carry out section 131,136, 319(b) or chapter 4 of title 23, United States Code. The sums authorized in this paragraph for each fiscal year shall be available for expenditure as follows: (A) 45 per centum for projects on the Federal-aid primary highway system; (B) 30 per centum for projects on the Federal-aid secondary highway system; and (C) 25 per centum for projects on extensions of the Federal-aid primary and Federal-aid secondary highway systems in urban areas. (2) For traffic operation projects in urban areas as authorized in section 135 of title 23, United States Code, out of the Highway Trust Fund, $200,000,000 for the fiscal year ending June 30, 1970, and $200,000,000 for the fiscal year ending June 30, 1971. (3) For forest highways, $33,000,000 for the fiscal year ending June 30, 1970, and $33,000,000 for the fiscal year ending June 30, 1971. (4) For public lands highways, $16,000,000 for the fiscal year ending June 30, 1970, and $16,000,000 for the fiscal year ending June 30, 1971. (5) For forest development roads and trails, $170,000,000 for the fiscal year ending June 30, 1970, and $170,000,000 for the fiscal year ending June 30, 1971. (6) For public lands development roads and trails. $3,500,000 for the fiscal;7ear ending June 30, 1970, and $5,000,000 for the fiscal year ending June 30, 1971.

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 82 STAT. ]

PUBLIC LAW 90-495-AUG. 23, 1968

817

(7) For park roads and trails, $30,000,000 for the fiscal year ending June 30, 1971. (8) For parkways, $11,000,000 for the fiscal year ending June 30, 1971. (9) For Indian reservation roads and bridges, $30,000,000 for the fiscal year ending June 30, 1970, and $30,000,000 for the fiscal year ending June 30, 1971. (10) For carrying out section 402 of title 23, United States Code ^° ^^^^- " i • (relating to highway safety programs), $75,000,000 for the fiscal year ending June 30, 1970, and $100,000,000 for the fiscal year ending June 30, 1971. Sums for carrying out section 402 of title 23, United States Code, authorized by this paragraph shall not be apportioned until Congress, by law enacted after the date of enactment of this Act, shall provide for such apportionment. (11) For carrying out sections 307(a) and 403 of title 23, United States Code (^relating to highway safety research and de- J^ ^tat. 913; velopment), the additional sum of $30,000,000 for the fiscal year ending June 30, 1970, and the additional sum of $37,500,000 for the fiscal year ending June 30, 1971. (12) For the Federal-aid primary system and the Federal-aid secondary system, exclusive of their extensions in urban areas, out of the Highway Trust Fund, $125,000,000 for the fiscal year ending June 30, 1970 and $125,000,000 for the fiscal year ending June 30, 1971, such sums to be in addition to the sums authorized in paragraph (1) of this subsection. The sums authorized in this paragraph for each fiscal year shall be available for expenditure as follows: (A) 60 per centum for projects on the Federal-aid primary highway system; and (B) 40 per centum for projects on the Federal-aid secondary system. HIGHWAY BEAUTIFICATION

SEC. 6. (a) Section 131(d) of title 23, United States Code, is amended 79 Stat. 1028. by inserting the following sentence between the second and third sentences of the subsection: "Whenever a bona fide State, county, or local zoning authority has made a determination of customary use, such determination will be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geographical jurisdiction of such authority." (b) The first sentence of section 131(j) of title 23, United States Code, is amended by striking out "or the control required by this section, whichever control is stricter". (c) Section 131(m) of title 23, United States Code, is amended to so Stat. 768. read as follows: " (m) There is authorized to be appropriated to carry out the provi- Appropriation. sions of this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, and not to exceed $2,000,000 for the fiscal year ending June 30, 1970. The provisions of this chapter relating to the obligation, period of availability and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967." (d) Section 131 of title 23, Unified States Code, is amended by ^9 Stat. 1028. adding at the end thereof the following new subsection: " (n) No sign, display, or device shall be required to be removed under this section if the Federal share of the just compensation to be

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Page:United States Statutes at Large Volume 82.djvu/860

 818

79 Stat. 1032; 80 Stat. 768. Appropriation.

PUBLIC LAW 90-495-AUG. 23, 1968

f82 STAT.

paid upon removal of such sign, display, or device is not available to make such payment." (e) Section 136(m) of title 23, United States Code, is amended to read as follows: " (m) There is authorized to be appropriated to carry out this section, out of any money in the Treasury not otherwise appropriated, not to exceed $20,000,000 for the fiscal year ending June 30, 1966, not to exceed $20,000,000 for the fiscal year ending June 30, 1967, and not to exceed $3,000,000 for the fiscal year ending June 30, 1970. The provisions of chapter 1 of this title relating to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this section after June 30, 1967." (f) Section 319(b) of title 23, United States Code, is amended by striking out the last two sentences and inserting in lieu thereof the following: "There is authorized to be appropriated to carr^ out this subsection, out of any money in the Treasury not otherwise appropriated, not to exceed $120,000,000 for the fiscal year ending June 30, 1966, not to exceed $120,000,000 for the fiscal year ending June 30, 1967, and not to exceed $20,000,000 for the fiscal year ending June 30, 1970. The provisions of chapter 1 of this title relafng to the obligation, period of availability, and expenditure of Federal-aid primary highway funds shall apply to the funds authorized to be appropriated to carry out this subsection after June 30, 1967." (g) There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for necessary administrative expenses in carrying out sections 131, 136, and 319(b) of title 23, United States Code, not to exceed $1,250,000 for the fiscal year ending June 30, 1969, and $1,250,000 for the fiscal year ending June 30, 1970. ADVANCE ACQUISITION OF R I G H T S - O F - W A Y

72 Stat. 8 9 3.

Right-of-way revolving fund.

76 Stat. 1146; Post, p. 830.

SEC. 7. (a) Subsection (b) of section 108 of title 23, United States Code, is amended by striking out "this section" and inserting in lieu thereof "subsection (a) of this section". (b) Section 108 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: (c)(1) There is hereby established in the Treasury of the United States a revolving fund to be known as the right-of-way revolving fund which shall be administered by the Secretary in carrying out the provisions of this subsection. Sums authorized to be appropriated to the right-of-way revolving fund shall be available for expenditure without regard to the fiscal year for which such sums are authorized. "(2) For the purpose of acquiring rights-of-way for future construction of highways on any Federal-aid system and for making payments for the moving or relocation of persons, businesses, farms, and other existing uses of real property caused by the acquisition of such rights-of-way, in addition to the authority contained in subsection (a) of this section, the Secretary, upon request of a State highway department, is authorized to advance funds, without interest, to the State from amounts available in the right-of-way revolving fund, in accordance with rules and regulations prescribed by the Secretary. Funds so advanced may be used to pay the entire costs of projects for the acquisition of rights-of-way, including the net cost to the State of property management, if an}^, and related moving and relocation payments made pursuant to section 133 or chapter 5 of this title. "(3) Actual construction of a highway on rights-of-way, with respect to which funds are advanced under this subsection, shall be commenced within a period of not less than two years nor more than seven years following the end of the fiscal year in which the Secretary

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 82 STAT. ]

PUBLIC LAW 90-495-AUG. 23, 1968

819

approves such advance of funds, unless the Secretary, in his discretion, shall provide for an earlier termination date. Immediately upon the termination of the period of time within which actual construction must be commenced, in the case of any project where such construction is not commenced before such termination, or upon approval by the Secretary of the plans, specifications, and estimates for such project for the actual construction of a highway on rights-of-way with respect to which funds are advanced under this subsection, whichever shall occur first, the right-of-way revolving fund shall be credited with an amount equal to the Federal share of the funds advanced, as provided in section 120 of this title, out of any Federal-aid highway funds 72 Stat. 898. apportioned to the State in which such project is located and available 23 u c 120. for obligation for projects on the Federal-aid system of which such project IS to be a part, and the State shall reimburse the Secretary in an amount equal to the non-Federal share of the funds advanced for deposit in, and credit to, the right-of-way revolving fund." (c) There is authorized to t^ appropriated, out of the highway trust Appropriation. fund, to the right-of-way revolving fund established by subsection (c) of section 108 of title 23, United" States Code, $100,000,000 for the Ante, p. sis. fiscal year ending June 30, 1970, $100,000,000 for the fiscal year ending June 30, 1971, and $100,000,000 for the fiscal year ending June 30, 1972. (d) On or before January 1 next preceding the commencement of each fiscal year for which funds are authorized to be appropriated to the right-of-way revolving fund by subsection (c) of this section, the Secretary shall apportion the funds so authorized for such fiscal year to the States. Each State shall be apportioned for such fiscal year an amount which bears the same percentage relationship to the total amount being apportioned under this subsection as the total of all apportionments made to such State for such fiscal year under paragraphs (1), (2), (3), and (5), of subsection (b) of section 104 of title 23, United States Code, bears to the total of all amounts apportioned ^2 Stat. sss; ^ under such paragraphs to all States for such fiscal year. Amounts go stat! 757' apportioned under this subsection shall not be construed to be authorizations of appropriations for the construction, reconstruction, or improvement of the Interstate System for the purposes of subsection (g) of section 209 of the Highway Revenue Act of 1956. 7o stau 4^00 (e) Funds apportioned to a State under this subsection (d) of this note. section shall remain available for obligation for advances to such State until October 1 of the fiscal year for which such apportionment is made. All amounts not advanced or obligated for advancement before such date shall revert to the right-of-way revolving fund and together with all other amounts credited and reimbursed to such fund shall be available for advances to the States to carry out subsection (c) of section 108 of title 23, United States Code, in an equitable manner, taking into consideration each State's need for, and ability to use, such advances, in accordance with such rules and regulations as the Secretary of Transportation shall establish. DEFINITIONS OF FOREST ROAD OR TRAIL A N D FOREST DEVELOPMENT ROADS A N D TRAILS

SEC. 8. The fourth and fifth paragraphs in section 101(a) of title 23, United States Code, are amended to read as follows: "The term 'forest road or trail' means a road or trail wholly or partly within or adjacent to and serving the national forests and other areas administered by the Forest Service. "The term 'forest development roads and trails' means those forest roads or trails of primary importance for the protection, administration, and utilization of the national forest and other areas administered by the Forest Service or, where necessary, for the use and development

^2 Stat. sss.

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