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$13,200,000, or such greater amount as may be provided in an appropriation Act or other law." S M A L L B U S I N E S S ACT

SEC. 1017. Paragraph (1) of section 8(b) of the Small Business Act is amended by inserting " (A) " after " (1) ", by inserting "and" after "Administration;", and by adding at the end thereof a new subparagraph as follows: " (B) to allow an individual or group of persons cooperating with it in furtherance of the purposes of subparagraph (A) to make such use of its office facilities and related materials and services as it deems appropriate;". USE OF CERTAIN LANDS FOR CIVIL D E F E N S E

72 Stat. 389. 15 USC 637.

PURPOSES

SEC. 1018. Section 2 of the Act entitled "An Act to provide for the conveyance of a tract of land in Prince Georges County, Maryland, to the State of Maryland for use as a site for a National Guard Armory and for training the National Guard or for other military purposes", approved August 10, 1949 (68 Stat. 592), is amended by striking out "The land" and inserting in lieu thereof " (a) Except as provided in subsection (b) of this section, the land" and by adding at the end thereof the following new subsection: "(b) The Secretary of Housing and Urban Development shall execute the necessary instrument or instruments to provide that a certain portion of land, not to exceed two acres, on the easterly side' of the land described in the first section of this Act, as more particularly determined and designated by the Secretary of the Army, may be used for civil defense or other emergency preparedness purposes or the purposes stated in subsection (a) and that such use shall not cause the reverter clause set forth herein to become operable." MORTGAGE INSURANCE FOR LAND DEVELOPMENT AMENDMENTS

CLARIFYING

SEC. 1019. Section 1001(d) of the National Housing Act is amended— (1) by striking out "sewerage disposal installations," and inserting in lieu thereof "sewage disposal installations, steam, gas, and electric lines and installations,"; (2) by striking out the semicolon after "or common use", and inserting in lieu thereof a period and the following new sentence: "Related uses may include industrial uses, with sites for such uses to be in proper proportion to the size and scope of the development."; (3) by striking out "but such term" and inserting in lieu thereof: "The term improvements"; and (4) by inserting after "sewage disposal installation," in clause (1) the following: "or a steam, gas, or electric line or installation,".

[2 J'sc" n49aa.

MISCELLANEOUS AND TECHNICAL AMENDMENTS

SEC. 1020. (a) Section 106(d) of the Housing Act of 1949 is repealed. (b) Section 227(a) of the National Housing Act is amended by striking out "subsection (b)(2) " in clause (vi) and inserting in lieu thereof "subsection (b)".

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71 Stat. 2 9 9. 12 USC 1 7 2 0. 68 Stat. 6 2 0. 12 USC 1 7 2 3. 12

use

1731a.

12

use

1749aa,

12

use

1702.

69 Stat. 6 3 6. 12 USC 1 7 1 5 e note,

12 USC 1 7 1 5 e, 1715Z, 1 7 0 1 s.

[80 STAT.

(c) The last sentence of section 305(e) of the National Housing Act is amended by striking out "supplementing" and inserting in lieu thereof "supplementary", (d) Section 308 of the National Housing Act is amended by striking out " ( a ] ". (e) Section 512 of the National Housing Act is amended by striking out "or IX " and inserting in lieu thereof " IX, X, or X I ". (f) Section 1001(c) of the National Housing Act is amended by striking out " 'mortgage' " and inserting in lieu thereof " 'mortgagee' ". (g) Section 1 of the National Housing Act is amended by striking out "and X " wherever it appears and inserting in lieu thereof " X, and X I ". (h) Section 102(h) of the Housing Amendments of 1955 is amended by striking out "section 213 of the National Housing Act, as amended, the Commissioner" and inserting in lieu thereof "section 213 of the National Housing Act, section 221(d)(3) of the National Housing Act, and section 101 of the Housing and Urban Development Act of 1965 (insofar as the provisions of such sections relate to cooperative housing), the Secretary of Housing and Urban Development", and by striking out "such section" each place it appears and inserting in lieu thereof "such sections". Approved November 3, 1966. Public Law 89-755

November 3, 1966 rs 9851

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AN ACT

To regulate interstate and foreign commerce by preventing the use of unfair or deceptive methods of pacltaging or labeling of certain consumer commodities distributed in such commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may

<.„H^''^ K ^K^^^A"! and Labeling Act.

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be cited as the ^ h air Packaging and liabeling Act". DECLARATION OF POLICY

SEC. 2. Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods. P R O H I B I T I O N OF U N F A I R A N D DECEPTIVE P A C K A G I N G A N D I>ABELING

SEC. 3. (a) I t shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity (as defined in this Act) for distribution in commerce, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution in commerce of any packaged or labeled consumer commodity, to distribute or to cause to be distributed in commerce any such commodity if such commodity is contained in a package, or if there is affixed to tnat commodity a label, which does not conform to the provisions of this Act and of regulations promulgated under the authority of this Act.

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(b) The prohibition contained in subsection (a) shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons (1) are engaged in the packaging or labeling of such commodities, or (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled. REQUIREMENTS A N D PROHIBITIONS

SEC. 4. (a) No person subject to the prohibition contained in section 3 shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 6 of this Act which shall provide that— (1) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor | (2) The net quantity of contents (in terms of weight, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the principal display panel of that label; (3) The separate label statement of net quantity of contents appearing upon or affixed to any package— (A)(i) if on a package containing less than four pounds or one gallon and labeled in terms of weight or fluid measure, shall, unless subparagraph (ii) applies and such statement is set forth in accordance with such subparagraph, be expressed both in ounces (with identification as to avoirdupois or fluid ounces) and, if applicable, in pounds for weight units, with any remainder in terms of ounces or common or decimal fractions of the pound; or in the case of liquid measure, in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart; (li) if on a random package, may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places; (iii) if on a package labeled in terms of linear measure, shall be expressed both in terms of inches and the largest whole unit (yards, yards and feet, or feet, as appropriate) with any remainder in terms of inches or common or decimal fractions of the foot or yard; (iv) if on a package labeled in terms of measure of area, shall be expressed both in terms of square inches and the largest whole square unit (square yards, square yards and square feet, or square feet, as appropriate) with any remainder in terms of square inches or common or decimal fractions of the square foot or square yard; (B) shall appear in conspicuous and easily legible type in distinct contrast (by typography, layout, color, embossing, or molding) with other matter on the package; (C) shall contain letters or numerals in a type size which shall be (i) established in relationship to the area of the principal display panel of the package, and (ii) uniform for all packages of substantially the same size; and (D) shall be so placed that the lines of printed matter included in that statement are generally parallel to the base on which the package rests as it is designed to be displayed; and

1297

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[SO STAT.

(4) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving. ag*e]^f"'*°'" ^^''^' (5) For purposes of paragraph (3)(A) (ii) of this subsection the term "random package" means a package which is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights, that is, packages with no fixed weight pattern. (b) No person subject to the prohibition contained in section 3 shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a), but nothing in this subsection or in paragraph (2) of subsection (a) shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: Provided, That such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package, ADDITIONAL

\ ^ 52 Stat. 1040.

REGULATIONS

SEC. 5. (a) The authority to promulgate regulations under this Act is vested in (A) the Secretary of Health, Education, and Welfare (referred to hereinafter as the "Secretary") with respect to any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); and (B) the Federal Trade Commission (referred to hereinafter as the "Commission") with respect to any other consumer commodity. (b) If the promulgating authority specified in this section finds that, because of the nature, form, or quantity of a particular consumer commodity, or for other good and sufficient reasons, full compliance with all the requirements otherwise applicable under section 4 of this Act is impracticable or is not necessary for the adequate protection of consumers, the Secretary or the Commission (whichever the case may be) shall promulgate regulations exempting such commodity from those requirements to the extent and under such conditions as the promulgating authority determines to be consistent with section 2 of this Act. (c) Whenever the promulgating authority determines that regulations containing prohibitions or requirements other than those prescribed by section 4 are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, such authority shall promulgate with respect to that commodity regulations effective to— (1) establish and define standards for characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this paragraph shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any commodity;

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PUBLIC LAW 89-755-NOV. 3, 1966

(2) regulate the placement upon any package containing any commodity, or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents; (3) require that the label on each package of a consumer commodity (other than one which is a food within the meaning of section 201(f) of the Federal Food, Drug, and Cosmetic Act) bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged; or (4) prevent the nonfunctional-slack-fill of packages containing consumer commodities. For purposes of paragraph (4) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (A) protection of the contents of such package or (B) the requirements of machines used for enclosing the contents in such package. (d) Whenever the Secretary of Commerce determines that there is undue proliferation of the weights, measures, or quantities in which any consumer commodity or reasonably comparable consumer commodities are being distributed in packages for sale at retail and such undue proliferation impairs the reasonable ability of consumers to make value comparisons with respect to such consumer commodity or commodities, he shall request manufacturers, packers, and distributors of the commodity or commodities to participate in the development of a voluntary product standard for such commodity or commodities under the procedures for the development of voluntary products standards established by the Secretary pursuant to section 2 of the Act of March 3, 1901 (31 Stat. 1449, as amended; 15 U.S.C. 272). Such procedures shall provide adequate manufacturer, packer, distributor, and consumer representation. (e) If (1) after one year after the date on which the Secretary of Commerce first makes the request of manufacturers, packers, and distributors to participate in the development of a voluntary product standard as provided in subsection (d) of this section, he determines that such a standard will not be published pursuant to the provisions of such subsection (d), or (2) if such a standard is published and the Secretary of Commerce determines that it has not been observed, he shall promptly report such determination to the Congress with a statement of the efforts that have been made under the voluntary standards program and his recommendation as to whether Congress should enact legislation providing regulatory authority to deal with the situation in question. PROCEDURE FOR PROMULGATION

OB" RE(}ULA'1'10NS

SEC. 6. (a) Regulations promulgated by the Secretary under section 4 or section 5 of this Act shall be promulgated, and shall be subject to

1299

2? nsr

1040. 21 USC 3 2 1.

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7o^statr 919°^^'

PUBLIC LAW 89-755-NOV. 3, 1966

[80 STAT.

judicial review, pursuant to the provisions of subsections (e), (f), and (g) of section 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371 (e), (f), and (g). Hearings authorized or required for the promulgation of any such regulations by the Secretary shall be conducted by the Secretary or by such officer or employee of the Department of Health, Education, and Welfare as he may designate for that purpose. (b) Regulations promulgated by the Commission under section 4 or section 5 of this Act shall be promulgated, and shall be subject to judicial review, by proceedings taken in conformity with the provisions of subsections (e)j (f), and (g) of section 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371 (e), (f), and (g)) in the same manner, and with the same effect, as if such proceedings were taken by the Secretary pursuant to subsection (a) of this section. Hearings authorized or rec[uired for the promulgation of any such regulations by the Commission shall be conducted by the Commission or by such officer or employee of the Commission as the Commission may designate for that purpose. (c) I n carrying into effect the provisions of this Act, the Secretary and the Commission are authorized to cooperate with any department or agency of the United States, with any State, Commonwealth, or possession of the United States, and with any department, agency, or political subdivision of any such State, Commonwealth, or possession. (d) No regulation adopted under this Act shall preclude the continued use of returnable or reusable glass containers for beverages in inventory or with the trade as of the effective date of this Act, nor shall any regulation under this Act preclude the orderly disposal of packages in inventory or with the trade as of the effective date of such regulation. ENFORCEMENT

SEC. 7. (a) Any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), and which is introduced or delivered for introduction into commerce in violation of any of the provisions of this Act, or the regulations issued pursuant to this Act, shall be deemed to be misbranded within the meaning of chapter 21 USC 331-337. j j j ^f ^j^g Federal Food, Drug, and Cosmetic Act, but the provisions of section 303 of that Act (21 U.S.C. 333) shall have no application to any violation of section 3 of this Act. (b) Any violation of any of the provisions of this Act, or the regulations issued pursuant to this Act, with respect to any consumer commodity which is not a food, drug, device, or cosmetic, shall constitute an unfair or deceptive act or practice in commerce in violation of 15 USC' 4"^' section 5(a) of the Federal Trade Commission Act and shall be subject to enforcement under section 5(b) of the Federal Trade Commission 52 Stat. 112.

eilTisT'-'

Act.

(c) In the case of any imports into the United States of any consumer commodity covered by this Act, the provisions of sections 4 and 5 of this Act shall be enforced by the Secretary of the Treasury pursuant to section 801(a) and (b) of the Federal Food, Drug, and Cosmetic Act(21 U.S.C.381). REPORTS TO THE CONGRESS

SEC. 8. Each officer or agency required or authorized by this Act to promulgate regulations for the packaging or labeling of any consumer commodity, or to participate in the development of voluntary product

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1301

standards with respect to any consumer commodity under procedures referred to in section 5(d) of this Act, shall transmit to the Congress in January of each year a report containing a full and complete description of the activities of that officer or agency for the administration and enforcement of this Act during the preceding fiscal year. COOPERATION W I T H STATE A U T H O R I T I E S

SEC. 9. (a) A copy of each regulation promulgated under this Act shall be transmitted promptly to the Secretary^ of Commerce, who shall (1) transmit copies thereof to all appropriate State officers and agencies, and (2) furnish to such State officers and agencies information and assistance to promote to the greatest practicable extent unir formity in State and Federal regulation of the labeling of consumer commodities. (b) Nothing contained in this section shall be construed to impair or otherwise interfere with any program carried into effect by the Secretary of Health, Education, and Welfare under other provisions of law in cooperation with State governments or agencies, instrumentalities, or political subdivisions thereof. DEFINITIONS

SEC. 10. For the purposes of this Act— (a) The term "consumer commodity", except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act), and any other article, product, or commodity of any kind or class ^i use 321. which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include— (1) any meat or meat product, poultry or poultry product, or tobacco or tobacco product; (2) any commodity subject to packaging or labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, or the pro- 7^us'c'i35^note visions of the eighth paragraph under the heading "Bureau of Animal Industry" of the Act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. 151-157), commonly known as the Virus-Serum-Toxin Act; (3) any drug subject to the provisions of section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353 (b)(1) and 356); es Stat. 648; (4) any beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.); or 49 Stat. 977. (5) any commodity subject to the provisions of the Federal Seed Act (7 U.S.C. 1551-1610). 53 Stat. 1275. (b) The term "package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include— (1) shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to

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[80 STAT.

manufacturers, packers, or processors, or to wholesale or retail distributors thereof; (2) shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity; or (8) containers subject to the provisions of the Act of August 3, 1912 (37 Stat. 250, as amended; 15 U.S.C. 231-233), the Act of March 4, 1915 (38 Stat. 1186, as amended; 15 U.S.C. 234-236), the Act of August 31, 1916 (39 Stat. 673, as amended; 15 U.S.C. 251-256), or the Act of May 21, 1928 (45 Stat. 685, as amended; 15 U.S.C. 257-2571). (c) The term "label" means any written, printed, or graphic matter affixed to any consumer commodity or affixed to or appearing upon a package containing any consumer commodity. (d^ The term "person" includes any firm, corporation, or association. (e) The term "commerce" means (1) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, and any place outside thereof, and (2) commerce within the District of Columbia or within any territory or possession of the United States not organized with a legislative body, but shall not include exports to foreign countries. (f) The term "principal display panel means that part of a label that is most likely to be displayed, presented, showm, or examined under normal and customary conditions of display for retail sale. SAVING PROVISION

15 USC'ssV* 21 u?c 30 u ' 74 Stat. 3 72*.

SEC. 11. Nothing contained in this Act shall be construed to repeal, invalidate, or supersede— (^) t^® Federal Trade Commission Act or any statute defined therein as an antitrust Act; (b) the Federal Food, Drug, and Cosmetic Act; or (c) the Federal Hazardous Substances Labeling Act.

15 USC 1261 note. EFFECT UPON STATE LAW

SEC. 12. I t is hereby declared that it is the express intent of Congress to supersede any and all laws of the States or political subdivisions thereof insofar as they may now or hereafter provide for the labeling of the net quantity of contents of the package of any consumer commodity covered by this Act which are less stringent than or require information different from the requirements of section 4 of this Act or regulations promulgated pursuant thereto. EFFECTIVE DATE

52 Stat. 1040. 21 USC 321.

SEC. 13. This Act shall take effect on July 1, 1967: Provided, That the Secretary (with respect to any consumer commodity which is a food, drug, device, or cosmetic, as those terms are defined by the Federal FooQ, Drug, aud Cosmetic Act), and the Commission (with respect to any other consumer commodity) may by regulation pc^tpone, for an additional twelve-month period, the effective date of this Act with respect to any class or type of consumer commodity on the basis of a finaing that such a postponement would be in the public interest. Approved November 3, 1966.

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1303

Public Law 89-756 AN ACT Novembers, 1966 To amend the Federal H a z a r d o u s Substances Labeling Act to ban hazardous [s.3298] toys and articles intended for children, and other articles so h a z a r d o u s a s to be dangerous in the household regardless of labeling, and to apply to unpackaged articles intended for household use, and for other purposes.

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

of the Child Protection Act of 1966.

SHORT TITLE SECTION

1. This title may be cited as the "Child Protection Act

of 1966". APPLICATION OF FEDERAL HAZARDOUS SUBSTANCES LABELING ACT TO ARTICLES B E A R I N G OR CONTAINING PESTICIDES, AND TO UNPACKAGED HAZARDOUS SUBSTANCES

SEC. 2. (a) Section 2(f)(2) of the Federal Hazardous Substances Labeling Act (15 U.S.C. 1261(f)(2)), which excludes "economic poisons" subject to the Federal Insecticide, Fungicide, and Rodenticide Act and certain other articles from the term "hazardous substance", is amended by inserting before the period at the end thereof the following: ", but such term shall apply to any article which is not itself an economic poison within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act but which is a hazardous substance within the meaning of subparagraph 1 of this paragraph by reason of bearing or containing such an economic poison". (b) So much of section 2(n) of such Act (15 U.S.C. 1261 (n)), defining the term "label", as precedes the semicolon is amended to read as follows: " (n) the term 'label' means a display of written, printed, or graphic matter upon the immediate container of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto". (c)(1) Paragraph (p) of section 2 of such Act (15 U.S.C. 1261 (p)), defining the terms "misbranded package" and "misbranded package of a hazardous substance", is amended by changing so much of such paragraph as precedes subparagraph (1) thereof to read as follows: " (p) The term 'misbranded hazardous substance' means a hazardous substance (including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to section 3, fails to bear a label—". (2) Such paragraph (p) is further amended by striking out, in subparagraph (1), all of clause (J) through the word "and" and inserting in lieu thereof the following: " (J) the statement (i) 'Keep out of the reach of children' or its practical equivalent, or, (ii) if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the nn 73 T r fLTio (d) Section 3(b) of such Act (15 U.S.C. 1262(b)), authorizing the Secretary to establish reasonable variations or additional label
 * i

74 Stat. 372. y^us^c^ia^s^n"

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74 Stat. 375.

PUBLIC LAW 89.756-NOV. 3, 1966

[80 STAT.

requirements necessary for the protection of the public health and safety, is amended by changing so much of such subsection as follows the semicolon to read as follows: "and any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance." (g) Subsection (d) of section 3 of such Act (15 U.S.C. 1262(d)), authorizing the Secretary to except containers of hazardous substances with respect to which adequate requirements satisfying the purposes of such Act have been established by or pursuant to another Act, is amended by inserting "hazardous substance or" before "container of a hazardous substance". (f) Section 4 of such Act (15 LT.S.C. 1263), setting forth prohibited acts, is amended as follows: (1) Paragraphs (a), (c), and (g) of such section are each amended by striking out "misbranded package of a hazardous substance" and inserting in lieu thereof "misbranded hazardous substance"; (2) Paragraphs (b) and (f) of such section are each amended by striking out "being in a misbranded package" and inserting in lieu thereof "being a misbranded hazardous substance". (g) Subsection (b) of section 5 of such Act (15 U.S.C 1264) is amended by striking out "in misbranded packages" in clause (2) thereof and inserting in lieu thereof "a misbranded hazardous substance". (h) Section 6(a) of such Act (15 U.S.C. 1265(a)) is amended by striking out "Any hazardous substance that is in a misbranded package" and inserting in lieu thereof "Any misbranded hazardous substance". (i) Section 14(a) of such Act (15 U.S.C. 1273(a)) is amended by striking out "in misbranded packages" in the second sentence thereof and inserting in lieu thereof "a misbranded hazardous substance". E X C L U S I O N, FROM I N T E R S T A T E COMMERCE, OF TOYS A N D OTHER C H I L D R E N ' S ARTICLES C O N T A I N I N G HAZARDOUS SUBSTANCES, AND OF OTHER S U B STANCES SO DANGEROUS T H A T CAUTIONARY LABELING IS N O T ADEQUATE

SEC. 3. (a) Section 2 of such Act (15 U.S.C. 1261) is further amended by adding at the end thereof the following new paragraph: " (q)(l) The term 'banned hazardous substance' means (A) any toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted; or (B) any hazardous substance intended, or packaged in a form suitable, for use in the household, which the Secretary by regulation classifies as a 'banned hazardous substance' on the basis of a finding that, notwithstanding such cautionary labeling as is or may be required under this Act for that substance, the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping such substance, when so intended or packaged, out of the channels of interstate commerce: Provided, That the Secretary, by regulation, (i) shall exempt from clause (A) of this paragraph articles, such as chemical sets, which by reason of their functional purpose require the inclusion of the hazardous substance involved, and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and

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PUBLIC LAW 8 9 - 7 5 6 - N O V. 3, 1966

1305

warnings, and (ii) shall exempt from clause (A), and provide for the labeling of, common fireworks (including toy paper caps, cone fountains, cylinder fountains, whistles without report, and sparklers) to the extent that he determines that such articles can be adequately labeled to protect the purchasers and users thereof. "(2) Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of sections 701(e), (f), and (g) of the Federal Food, Drug, and Cosmetic Act: Provided, That if the Sec- 52 Stat. 31055. 21 USC 7 1. retary finds that the distribution for household use of the hazardous substance involved presents an imminent hazard to the public health, he may by order published in the Federal Register give notice of such pe^e^iV'R""^^" finding, and thereupon such substance when intended or offered for ter. household use, or when so packaged as to be suitable for such use, shall be deemed to be a 'banned hazardous substance' pending the completion of proceedings relating to the issuance of such regulations." (b) Subsections (a), (b), (c), and (g) of section 4 of such Act, as amended by section 2 of this Act, are each further amended by ^"'^' P- ^^O"*inserting "or banned hazardous substance" after "misbranded hazardous substance". (c) Clause (2) of section 5(b) of such Act, as amended by section 2 of this Act, is further amended by striking out "within the meaning of that term" in such clause and inserting in lieu thereof "or a banned hazardous substance within the meaning of those terms". (d) Section 6(a) of such Act, as amended by section 2 of this Act, is further amended by inserting "or banned hazardous substance" after "Any misbranded hazardous substance". (e) Section 14(a) of such Act, as amended by section 2 of this Act, is further amended by inserting "or banned hazardous substance" after "misbranded hazardous substance" in the second sentence thereof. E F F E C T U P O N STATE L A W

SEC. 4. (a) Section 17 of such Act (15 U.S.C. 1261, note) is amended by inserting " (a) " immediately after the section designation and adding at the end thereof the following new subsection: " (b) I t is hereby expressly declared that it is the intent of the Congress to supersede any and all laws of the States and political subdivisions thereof insofar as they may now or hereafter provide for the precautionary labeling of any substance or article intended or suitable for household use (except for those substances defined in sections 2(f)(2) and (3) of this Act) which differs from the requirements or exemptions of this Act or the regulations or interpretations promulgated pursuant thereto. Any law, regulation, or ordinance purporting to establish such a labeling requirement shall be null and void." (b) The title of such section is amended to read as follows:

^4 Stat. aso.

"EFFECT UPON FEDERAL AND STATE LAW". CHANGE I N SHORT TITLE OF ACT

SEC. 5. Section 1 of the Federal Hazardous Substances Labeling Act ^^ ^*^*- ^72. " is amended by striking out "Labeling". ^^^^ ^^*^ ^^^^ Approved November 3, 1966.

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PUBLIC LAW 89-757-NOV. 5, 1966

[80

STAT.

Public Law 89-757 November 5, 1966 [H. R. 2266]

Bowie County, Tex. Settlement of certain claims.

Rule of procedure.

AN ACT To provide for the settlement of claims resulting from an explosion at a United States ordnance plant in Bowie County, Texas, on July 8, 1963.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress recognizes and assumes the compassionate responsibility of the United States for the losses sustained by reason of the explosion at Day and Zimmerman, Incorporated, an ordnance plant wholly owned by the United States in Bowie County, Texas, on July 8, 1963, and hereby provides the procedure by which the amounts shall be determined and paid. SEC. 2. The Secretary of the Army (hereinafter referred to as the "Secretary") or his designee, is authorized to receive, investigate, and settle claims against the United States for death or personal injury proximately resulting from the explosion referred to in the first section of this Act. No claim may be approved by the Secretary in an amount in excess of $25,000. SEC. 3. (a) The Secretary shall promulgate and publish within sixty days after the date of the enactment of this Act rules of procedure for the consideration and disposition of claims filed under this Act. (b) Claimants shall submit their claims in writing to the Secretary, under such rules as he may prescribe pursuant to subsection (a), within six months after the date of the enactment of this Act. (c) The Secretary shall determine the amount of awards, if any, in the case of each claim within eighteen months from the date on which the claim was submitted. (d) Except as otherwise provided herein, the law of the State of Texas shall apply. SEC. 4. (a) With respect to claims filed and awards paid pursuant to the provisions of this Act, the Secretary shall limit himself to the determination of— (1) whether the losses sustained resulted from the explosion at the said ordnance plant in Bowie County, Texas, on July 8, 1963; (2) the amounts to be awarded as compensation for such losses not to exceed $25,000 in each claim; and (3) the persons entitled to receive such awards. (b) Claims for awards based on death shall be submitted only by duly authorized legal representatives. SEC. 5. (a) I n determining the amounts to be awarded for death, or personal injury, the Secretary shall reduce any such amounts by an amount equal to the total of insurance benefits (except life insurance benefits), or other payments or settlements of any nature, previously paid or to be paid with respect to such death claims or personal mjury. (b) Payments approved by the Secretary for death or personal injury, shall not be subject to insurance subrogation claims in any respect. (c) The Secretary shall not include in any award any amount for reimbursement to any insurance company or compensation insurance fund for loss payments made by such company or fund. SEC. 6. (a) The payment to any person of an award pursuant to a claim filed under the provisions of this Act shall be in full settlement and discharge of all claims of such person against the United States resulting from the explosion described in the first section of this Act.

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PUBLIC LAW 8 9 - 7 5 8 - N O V. 5, 1966

1307

(b) JSTo claim cognizable under the provisions of this Act shall be assigned or transferred, except to the United States. SEC. 7. The Secretary of the Army shall require assignment to the United States of any right of action against a third party arising from the death, or personal injury claim with respect to which settlement is made. SEC. 8. The Secretary shall, within two years and six months after ^ ^^^^gV° the date of enactment of this Act, transmit to the Congress a report °"^'^^^^setting forth— (1) each claim settled by him and paid pursuant to the provisions of this Act, with a brief statement concerning the character and equity of each such claim, the amount claimed, and the amount approved and jDaid; and (2) each claim submitted to him in accordance with the provisions of this Act which has not been settled by him, with supporting papers and a statement of his findings of facts and recommendations with respect to each such claim. SEC. 9. Attorney and agent fees shall be paid out of the awards hereunder. No attorney or agent on account of services rendered in connection with each claim shall receive in excess of 20 per centum of the amount paid, any contract to the contrary notwithstanding. Whoever violates the provisions of this Act shall be fined a sum not violations. to exceed $1,000. SEC. 10. The Secretary of the Treasury shall pay out of moneys in the Treasury not otherwise appropriated the claims referred to in this Act in the amounts approved for payment by the Secretary of the Army or his designee and the administrative costs of the investigation and settlement of claims under this Act. The authority of the Secretary of the Treasury to make payment of awards so fixed and determined shall terminate three years from the effective date of this Act. Approved November 5, 1966.

Public Law 89-758 AN ACT

November 5, 1966

To permit the sale of grain storage facilities to public and private nonprofit agencies and organizations.

[H. R. 12360]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4(h) fa^mtres!"'^^^^ of the Commodity Credit Corporation Charter Act, as amended, is saie. amended by inserting before the period at the end thereof the follow- ^^ ^g*- ]^l^' i n g: ": Provided, That, notwithstanding any other provision of law, where a grain storage facility owned by the Corporation is not needed by the Corporation and, upon being offered for sale no person offers to pay the minimum price set by the Corporation for such facility for use in connection with storage or handling of agricultural commodities, then the Corporation may, without declaring such facility to be excess property, sell it by bids at not less than such minimum price to any public or private nonprofit agency or organization for use for the purposes of such agency or organization. This provision shall apply also to facilities which on the effective date of this Act have been declared excess to the needs of the Commodity Credit Corporation but have not been claimed by any other Government agency, or surplus to the needs of the Government but not disposed of pursuant to the provisions of the Federal Property and Administrative Services Act of 1949, as amended. " stat- 3 77. 40 USC 471 note. Approved November 5, 1966.

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PUBLIC LAW 89-759-NOV. 5, 1966

[80

STAT.

Public Law 89-759 November 5, 1966 [H. R. 1 5 0 2 4 ]

D.C. Heliport site and f a c i l i t i e s.

Appropriation.

AN ACT To authorize the Administrator of General Services to select an available Government-owned site in the District of Columbia and to improve and lease such site for a temporary heliport.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of General Services, in consultation with the Administrator of the Federal Aviation Agency, is authorized to— (1) selectj with the approval of the Government department or agency administering the site, a Government-owned site within the District of Columbia which is appropriate for a temporary heliport; (2) construct on such site necessary minimum heliport facilities; and (3) lease, by negotiation or otherwise, and at the highest obtainable rental, such site and facilities on an annual basis to any person who will operate such heliport in accordance with such rules and regulations as are established by the Administrator of the Federal Aviation Agency. SEC. 2. There are authorized to be appropriated not to exceed $100,000 for the purposes of this Act. Approved November 5, 1966.

Public Law 89-760 November 5, 1966 [S.84]

Sweetwater County, Wyo.

AN ACT To provide for reimbursement to the State of Wyoming for improvements made on certain lands in Sweetwater County, Wyoming, if and when such lands revert to the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture, having conveyed certain lands situated in Sweetwater County, Wyoming, to the State of Wyoming by reason of and in accordance with the provisions of that deed of June 6, 1962, executed pursuant to the Act of March 20, 1962 (76 Stat. 44), and having included in such deed provision that, if the lands so conveyed to the State of Wyoming should cease to be used in the cooperative agricultural demonstration work of the United States, Department of Agriculture, and the State of Wyoming, title to the lands thus conveyed shall revert to and become revested in the United States of America; the Secretary of the Interior be hereby authorized, at such time as said reversionary provision might become effective, to reimburse the State of Wyoming from whatever funds may be available to him, for those permanent improvements made by said State of Wyoming and remaining on said lands at the time such reversion of title becomes effective in an amount not to exceed the current fair market value of said improvement as determined by appraisal made at that time. Approved November 5, 1966.

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Public Law 89-761 AN ACT

Novembers, 1966

To provide for the establishment of the Indiana Dunes National Lakeshore, and for other purposes.

^^' ^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to Indiana Dunes preserve for the educational, inspirational, and recreational use of shore?^ the public certain portions of the Indiana dunes and other areas of Establishment. scenic, scientific, and historic interest and recreational value in the State of Indiana, the Secretary of the Interior is authorized to establish and administer the Indiana Dunes National Lakeshore (hereinafter referred to as the "lakeshore") in accordance with the provisions of this Act. The lakeshore shall comprise the area within the boundaries delineated on a map identified as "A Proposed Indiana Dunes National Lakeshore", dated September 1966, and bearing the number "LNPNE-1008-ID", which map is on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, SEC. 2. (a) Within the boundaries of the lakeshore the Secretary of iands^"au^"ori-°^ the Interior (hereinafter referred to as the "Secretary") is authorized zation.^" to acquire lands, waters, and other property, or any interest therein, by donation, purchase with donated or appropriated funds, exchange, or otherwise. The Indiana Dunes State Park may be acquired only by donation of the State of Indiana, and the Secretary is hereby directed to negotiate with the State for the acquisition of said park. I n exercising his authority to acquire property by exchange for the purposes of this Act, the Secretary may accept title to non-Federal property located within the area described in section 1 of this Act and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary which he classifies as suitable for exchange or other disposal within the State of Indiana or Illinois. Properties so exchanged shall be approximately equal in fair market value, as determined by the Secretary who may, in his discretion, base his determination on an independent appraisal obtained by him: Provided, That the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged. (b) In exercising his authority to acquire property under subsection contracts, (a) of this section, the Secretary may enter into contracts requiring the expenditure, when appropriated, of funds authorized to be appropriated by section 10 of this Act, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred. SM:;. 3. As soon as practicable after the effective date of this Act p°u^c^".^n' and following the acquisition by the Secretary of an acreage within in Federa/°" the boundaries of the area described in section 1 of this Act which in Register. his opinion is efficiently administrable for the purposes of this Act, he shall establish the Indiana Dunes National Lakeshore by publication of notice thereof in the Federal Register. Following such establishment and subject to the limitations and conditions prescribed in section 1 hereof, the Secretary may continue to acquire lands and interests in lands for the lakeshore. SEC. 4. (a) The Secretary's authority to acquire property by con- ^^"g"^^"""^*^ demnation shall be suspended with respect to all improved property located within the boundaries of the lakeshore during all times when an appropriate zoning agency shall have in force and applicable to such property a duly adopted, valid zoning ordinance approved by the Secretary in accordance with the provisions of section 5 of this Act. 65-300 0-67—85

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 1310 "Improved erty."

Standards.

PUBLIC LAW 89-761-NOV. 5, 1966

[80

STAT.

(b) The term "improved property", whenever used in this Act, shall mean a detached, one-family dwelling, construction of which was begun before January 4, 1965, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the lands so designated. The amount of land so designated shall in every case be not more than three acres in area, and in making such designation the Secretary shall take into account the manner of noncommercial residential use in which the dwelling and land have customarily been enjoyed: Provided, That the Secretary may exclude from the land so designated any beach or waters, together with so much of the land adjoining such beach or waters, as he may deem necessary for public access thereto or public use thereof. SEC. 5. (a) As soon as practicable after enactment of this Act, the Secretary shall issue regulations specifying standards for approval by him of zoning ordinances for the purposes of sections 4 and 6 of this Act. The Secretary may issue amended regulations specifying standards for approval by him of zoning ordinances whenever he shall consider such amended regulations to be desirable due to changed or unforeseen conditions. The Secretary shall approve any zoning ordinance and any amendment to any approved zoning ordinance submitted to him which conforms to the standards contained in the regulations in effect at the time of adoption of such ordinance or amendment by the zoning agency. Such approval shall not be withdrawn or revoked, by issuance of any amended regulations after the date of such approval, for so long as such ordinance or amendment remains in effect as approved. (b) The standards specified in such regulations and amended regulations for approval of any zoning ordinance or zoning ordinance amendment shall contribute to the effect of (1) prohibiting the commercial and industrial use, other than any commercial or industrial use which is permitted by the Secretary, of all property covered by the ordinance within the boundaries of the lakeshore; and (2) promoting the preservation and development, in accordance with the purposes of this Act, of the area covered by the ordinance within the lakeshore by means of acreage, frontage, and setback requirements and other provisions which may be required by such regulations to be included in a zoning ordinance consistent with the laws of the State of Indiana. (c) No zoning ordinance or amendment thereof shall be approved by the Secretary which (1) contains any provision which he may consider adverse to the preservation and development, in accordance with the purposes of this Act, of the area comprising the lakeshore; or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under and any exception made to the application of such ordinance or amendment. (d) If any improved property, with respect to which the Secretary's authority to acquire by condemnation has been suspended according to the provisions of this Act, is made the subject of a variance under or exception to such zoning ordinance, or is subjected to any use, which variance, exception, or use fails to conform to or is inconsistent with any applicable standard contained in regulations issued pursuant to this section and in effect at the time of passage of such ordinance, the Secretary may, in his discretion, terminate the suspension of his authority to acquire such improved property by condemnation.

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(e) The Secretary shall furnish to any party in interest requesting the same a certificate indicating, with respect to any property located within the lakeshore as to which the Secretary's authority to acquire such property by condemnation has been suspended in accordance with provisions of this Act, that such authority has been so suspended and the reasons therefor. SEC. 6. (a) Any owner or owners of improved property on the date ^°^^^^l°^ ^"" of its acquisition by the Secretary may, as a condition to such acqui- erty, retensition, retain the right of use and occupancy of the improved property "°" "ghts. for noncommercial residential purposes for a term of twenty-five years, or for such lesser time as the said owner or owners may elect at the time of acquisition by the Secretary. Where any such owner retains a right of use and occupancy as herein provided, such right during its existence may be conveyed or leased for noncommercial residential purposes. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner. Termination (b) The Secretary shall have authority to terminate any right of right of Secuse and occupancy retained as provided in subsection (a) of this re^ary section at any time after the date upon which any use occurs with respect to such property which fails to conform or is in any manner opposed to or inconsistent with the applicable standards contained in regulations issued pursuant to section 5 of this Act and which is in effect on said date: Provided, That no use which is in conformity with the provisions of a zoning ordinance approved in accordance with said section 5 and applicable to such property shall be held to fail to conform or be opposed to or inconsistent with any such standard. In the event the Secretary terminates a right of use and occupancy under this subsection, he shall pay to the owner of the right so terminated an amount equal to the fair market value of the portion of said right which remained unexpired on the date of termination. SEC. 7. (a) In the administration of the lakeshore the Secretary Administration. may utilize such statutory authorities relating to areas of the national park system and such statutory authority otherwise available to him lor the conservation and management of natural resources as he deems appropriate to carry out the purposes of this Act. (b) In order that the lakeshore shall be permanently preserved in its present state, no development or plan for the convenience of visitors shall be undertaken therein which would be incompatible with the preservation of the unique flora and fauna or the physiographic conditions now prevailing or wnth the preservation of such historic sites and structures as the Secretary may designate: Provided, That the Secretary may provide for the public enjoyment and understanding of the unique natural, historic, and scientific features within the lakeshore hj establishing such trails, observation points, and exhibits and providing such services as he may deem desirable for such public enjoyment and understanding: Provided further, That the Secretary may develop for appropriate public uses such portions of the lakeshore as he deems especially adaptable for such uses. Indiana Dunes SEC. 8. (a) There is hereby established an Indiana Dunes National National LakeLakeshore Advisory Commission. Said Commission shall terminate shore Advisory ten years after the date of establishment of the national lakeshore Commission. pursuant to this Act. (b) The Commission shall be composed of seven members, each Membership. appointed for a term of two years by the Secretary, as follows: (1) one member who is a year-round resident of Porter County to be appointed from recommendations made by the commissioners of such county; (2) one member who is a year-round resident of the town of Beverly Shores to be appointed from the recommendations made by

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 1312

Crimes and off e n s e s, jurisdiction.

Appropriation.

PUBLIC LAW 89-762-NOV. 5, 1966

[80

STAT.

the board of trustees of such town; (3) one member who is a yearround resident of the towns of Porter, Dune Acres, Portage, Pines, Chesterton, Ogden Dunes, or the village of Tremont, such member to be appointed from recommendations made by the boards of trustees or the trustee of the affected town or township; (4) one member who is a year-round resident of the city of Michigan City to be appointed from recommendations made by such city; (5) two members to be appointed from recommendations made by the Governor of the State of Indiana; and (6) one member to be designated by the Secretary. (c) The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expense reasonably incurred by the Commission in carrying out its responsibilities under this Act on vouchers signed by the Chairman. (e) The Secretary or his designee shall, from time to time, consult with the Commission with respect to matters relating to the development of the Indiana Dunes National Lakeshore and with respect to the provisions of sections 4, 5, and 6 of this Act. SEC. 9. Nothing in this Act shall deprive the State of Indiana or any political subdivision thereof of its civil and criminal jurisdiction over persons found, acts performed, and offenses committed within the boundaries of the Indiana Dunes National Lakeshore or of its right to tax persons, corporations, franchises, or other non-Federal property on lands included therein. SEC. 10. There are hereby authorized to be appropriated not more than $27,900,000 for the acquisition of land and interests in land pursuant to this Act. Approved November 5, 1966.

Public Law 89-762 November 5, 1966 [S.1496]

Federal employee d e t a i l s. Ante, p. 4 2 5. Repeal.

AN ACT To repeal section 3342 of title 5, United States Code, relating to the prohibition of employee details from the field service to the departmental service, 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 3342 of title 5, United States Code, relating to the prohibition of details of employees from the field service to the departmental service, is hereby repealed. (b) The table of contents of subchapter III of chapter 33 of title 5, United States Code, is amended by striking out— "3342. Details; field to departmental service prohibited."

SEC. 2. Section 525 of the Act of June 17, 1930 (46 Stat. 741; 19 U.S.C. 1525), which provides exception to the Department of the Treasury from the restrictions imposed by section 3342 of title 5, United States Code, is hereby repealed. Approved November 5, 1966.

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PUBLIC LAW 8 9 - 7 6 4 - N O V. 5, 1966

'

1313

Public Law 89-763 AN ACT

November 5, 1966

To amend the Act approved March 18, 1950, providing for the construction of airports in or in close proximity to national parks, national monuments, and national recreation areas, and for other purposes.

^^' '^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Act National parks. approved March 18, 1950 (64 Stat. 27; 16 U.S.C. 7a-7e), is amended stmction. by striking the figure "$2,000,000" at the end of section 2 and inserting m lieu thereof the figure "$3,500,000". Approved November 5, 1966.

Public Law 89-764 AN ACT

November 5, 1966

To amend the inland. Great Lakes, and western rivers rules concerning sailing vessels and vessels under sixty-five feet in length.

[S.1349]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That article 20 of ^uilT'^^""" section 1 of the Act of June 7, 1897 (33 U.S.C. 205), is amended by add- " Amendment. ^ ing the following sentence at the end thereof: "This rule shall not ^o Stat. loi. give to a sailing vessel the right to hamper, in a narrow channel, the safe passage of a steam vessel which can navigate only inside that channel." SEC. 2. Article 25 of section 1 of the Act of June 7, 1897 (33 U.S.C. 210), is amended by adding the following paragraph at the end 28 Stat. 648. thereof: " I n narrow channels a steam vessel of less than sixty-five feet in length shall not hamper the safe passage of a vessel which can navigate only inside that channel." SEC. 3. Rule 19 of section 1 of the Act of February 8, 1895 (33 U.S.C. 284), is amended by adding the following sentence at the end thereof: "This rule shall not give to a sailing vessel the right to hamper, in a narrow channel, the safe passage of a steam vessel which can navigate only inside that channel." SEC. 4. Rule 24 of section 1 of the Act of February 8, 1895 (33 U.S.C. 289), is amended by adding the following paragraph at the end thereof: " I n all narrow channels a steam vessel of less than sixtyfive feet in length shall not hamper the safe passage of a vessel which can navigate only inside that channel." SEC. 5. The rule numbered 20 in section 4233 of the'Revised Statutes, as amended (33 U.S.C. 345), is further amended by adding the following sentence at the end thereof: "This rule shall not give to a sailing vessel the right to hamper the safe passage of a large steam vessel or vessel with tow that is ascending or descending a river." SEC. 6. Section 4233 of the Revised Statutes, as amended, is further amended by adding the following new rule after rule numbered 23: "Rule twenty-three (A). A steam vessel of less than sixty-five feet in length which can maneuver easily shall not hamper the safe passage of a large vessel or vessel with tow that is ascending or descending a river." SEC. 7. The amendments made by this Act shall take effect as of the Effective date. ninetieth day after the date of enactment of this Act. Approved November 5, 1966.

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 1314

PUBLIC LAW 89-765-NOV. 5, 1966

Public Law 89-765

[80 STAT.

 * v;:^'.,

November s, 1966

-^^ ACT

[S.1556]

rpQ authorize the Board of Governors of the Federal Reserve System to delegate certain of its functions, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of Board of Gover- the Federal Keserve Act (12 U.S.C. 248) is amended by adding after ""a's'starSr* subsection (j) the following subsection: 76 Stat. 670. ' " (k) To delegate, by published order or rule and subject to the 60 Stat. 237. Administrative Procedure Act, any of its functions, other than those 5 USC 1001 note. relating to rulemaking or pertaining principally to monetary and credit policies, to one or more hearing examiners, members or employees of the Board, or Federal Reserve banks. The assignment of responsibility for the performance of any function that the Board determines to delegate shall be a function of the Chairman. The Board shall, upon the vote of one member, review action taken at a delegated level within such time and in such manner as the Board shall by rule prescribe." Approved November 5, 1966. Federal Reserve System.

Public Law 89-766 November 5, 1966

'-

^

Greek Loan .,^. ^.....^ of 1929 Settle

ment Ac'tV

75 Stat. 527.

AN ACT

To authorize the acceptance of a settlement of certain indebtedness of Greece to the United States and to authorize the use of the payments resulting from the settlement for a cultural and educational exchange program.

Be it enacted 'by the Senate and House of Representatives of the 77m^ec? States of America in Congress assembled, That this Act may bc cited as the "Greek Loan of 1929 Settlement Act". SEC. 2. The Secretary of the Treasury is hereby authorized to accept a bond from the Kingdom of Greece (hereinafter referred to as "Greece") in the principal amount of $13,155,921 in settlement of the indebtedness of Greece to the United States under part II of the agreement of May 10, 1929, and under paragraph 1(b) of the agreement of May 24, 1932. The terms and conditions of such bond shall be those set forth in the agreement between the United States and Greece of May 28, 1964. Upon the delivery of said bond by Greece to the United States, the Secretary of the Treasury is hereby authorized to surrender to Greece all the bonds issued pursuant to part II of the agreement of May 10, 1929, and discharge Greece of its obligations under paragraph 1(b) of the agreement of May 24, 1932. SEC. 3. The sums paid by Greece to the United States as interest on or in retirement of the principal of the bond issued as provided in section 2 shall be deposited in the Treasury of the United States. Amounts equivalent to the sums so deposited are hereby authorized to be appropriated for use in financing educational and cultural exchange programs authorized by the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451-2458), in relation to Greece and the people of Greece. Approved November 5, 1966.

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1315

Public Law 89-767 AN ACT

November 5, 1966

To provide for the conveyance of all right, title, and interest of the United States reserved or retained in certain lands heretofore conveyed to the city of El Paso, Texas.

[s.3148]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary El Paso, Tex. Land conveyof the Army is authorized and directed to convey to the city of El Paso, ance. Texas, all of the right, title, and interest of the United States reserved or retained in approximately 148 acres of land described in section 2 of this Act, said land being a portion of certain lands conveyed by the United States to the city of E l Paso, Texas, by quitclaim deed dated June 27, 1957, pursuant to authority contained in the Act of August 2, 1956 (70 Stat. 960; Public Law 929, Eighty-fourth Congress). SEC. 2. The land referred to in section 1 is located in El Paso Description. County, Texas, and is more particularly described as follows: Beginning at a point which bears north 81 degrees 10 minutes east a distance of 875.23 feet from a point which is the intersection of the west line of section 40, block 80, township 2, and the northerly ROW line of United States Highway 62: thence north 46 degrees 02 minutes west a distance of 560.43 feet; thence north 1 degree 01 minutes 5o seconds west a distance of 1,249.44 feet; thence south 86 degrees 43 minutes 15 seconds east a distance of 6,422.58 feet; thence south 08 degrees 50 minutes east a distance of 336.26 feet; thence south 81 degrees 10 minutes west along the north ROW line of United States Highway 62 a distance of 6,110.0 feet to the point of beginning: Containing approximately 148 acres. SEC. 3. The conveyance authorized herein shall be subject to the conditions. following conditions: (a) That the city, in accepting the conveyance, agrees for itself, its grantees, successors, and assigns to forgo (1) any use of the property which w411 be noxious by the emission of smoke, noise, odor, or dust, and (2) the erection on the premiseb of any structure exceeding 60 feet in height above the ground. (b) That the city shall pay to the United States the fair market value, as determined by the Secretary of the Army, of the property interest conveyed under the first section of this Act. Approved November 5, 1966.

Public Law 89-768 JOINT RESOLUTION

November 5, 1966

Designating February, 1967 as American History Month.

[ s. j. Res. 133]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That February, 1967 is toMonth" "'^" hereby designated as American History Month, and the President of the United States is requested and authorized to issue a proclamation inviting the people of the United States to observe such month in schools and other suitable places with appropriate ceremonies and activities. Approved November 5, 1966.

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PUBLIC LAW 89.769-NOV. 6, 1966

Public Law 89-769 November 6, 1966

'• •

-'

[80 STAT.

r

.

AN ACT

To provide additional assistance for areas suffering a major disaster.

Be it enacted by the Senate and House of Representatives of the A^t^oTigle^^^^^^?7m2^e6^ States of America, in Congress assembled, That this Act may be cited as the "Disaster Belief Act of 1966". DEFINITION

64 Stat. 1109.

SEC. 2. As used in this Act, the term "major disaster" means a major disaster as determined by the President pursuant to the Act entitled "An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes", approved September 30, 1950, as amended (42 U.S.C. 1855-1855g). FEDERAL LOAN

ADJUSTMENTS

SEC. 3. (a) Where such action is found to be necessary because of loss, destruction, or damage of the property, or impairment of the economic feasibility of the system, of borrowers under programs administered by the Rural Electrification Administration, resulting from a major disaster, the Secretary of Agriculture is authorized to adjust and to readjust the schedules for payment of principal and interest on loans to such borrowers, and to extend the maturity dates of such loans to a period not beyond forty years from the dates of such loans. The authority herein conferred is in addition to the loan extension authority provided in section 12 of the Rural Electrification 49 Stat. 1366. Act. 7 USC 912. (b) The Secretary of Housing and Urban Development is authorized to refinance any note or other obligation which is held by him in connection with any loan made by the Department of Housing and Urban Development or its predecessor in interest, or which is included within the revolving fund tor liquidating programs established by the 12 USC' noi -5 Iridependent Offices Appropriation Act of 1955, where he finds such refinancing necessary because of the loss, destruction, or damage to property or facilities securing such obligations as a result of a major disaster. The interest rate on any note or other obligation refinanced under this subsection may be reduced to a rate not less than (i) a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of such note or other obligation, adjusted to the nearest one-eighth of 1 per centum, less (ii) not to exceed 2 per centum per annum, and the term thereof may be extended for such period as will provide a maturity of not to exceed forty years. The Secretary may authorize a suspension in the payment of principal and interest charges on, and an additional extension in the maturity of, any such loan for a period not to exceed five years if he determines that such action is necessary to avoid severe financial hardship. ysltln 8oo!^^' (c) Section 1820 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: " (f) The Administrator is authorized to refinance any loan made or acquired by the Veterans' Administration when he finds such refinancing necessary because of the loss, destruction, or damage to property securing such loan as the result of a major disaster as determined by the President pursuant to the Act entitled "An Act to

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1317

authorize Federal assistance to States and local governments in major disasters, and for other purposes'", approved September 30, 1950, as amended (42 U.S.C. 1855-1855^). The interest rate on any loan refinanced under this subsection may be reduced to a rate not less than (i) a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of such loan, adjusted to the nearest one-eighth of 1 per centum, less (ii) not to exceed 2 per centum per annum, and the term thereof may be extended for such period as will provide a maturity of not to exceed forty years; except that the Administrator may authorize a suspension in the payment of principal and interest charges on, and an additional extension in (he maturity of, any such loan for a period not to exceed five years if he determines that such action is necessary to avoid severe financial hardship." FEDERAL H O U S I N G ADMINISTRATION — I N S U R E D DISASTER

LOANS

SEC. 4. (a) Section 221 of the National Housing Act is amended by striking out "family displaced from an urban renewal area or as a result of governmental action", "families displaced from urban renewal areas or as a result of governmental action", and "families displaced by urban renewal or other governmental action" each place they appear in subsections (a), (d)(2), (d)(3) (iii), (d)(6), and (f), and inserting in lieu thereof, as appropriate, "displaced family" or "displaced families". (b) Section 221(f) of such Act is further amended by adding the following sentence at the end thereof: "As used in this section the terms 'displaced family' and 'displaced families' shall mean a family or families displaced from an urban renewal area, or as a result of governmental action, or as a result of a major disaster as determined by the ]-*resident pursuant to the Act entitled 'An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes', approved September 30, 1950, as amended (42 U.S.C. 1855-1855g)." DISASTER

64 Stat. 1109.

uuscfmi

WARNINGS

SEC. 5. The Secretary of Defense is authorized to utilize or to make available to other agencies the facilities of the civil defense communications system established and maintained pursuant to section 201(c) of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2281(c)), for the purpose of providing needed warning to governmental authorities and the civilian population in areas endangered by imminent natural disasters. ASSISTANCE TO UNINCORPORATED

COMMUNITIES

SEC. 6. (a) The Act entitled "An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes", approved September 30, 1950, as amended (42 U.S.C. 1855), is amended by inserting before the semicolon at the end of section 2(e) a comma and the following: "and includes any rural community or unincorporated town or village for which an application for assistance is made by a State or local government or governmental agency".

^^ S'^'* ^248. "

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PUBLIC LAW 89-769-NOV. 6, 1966

[80 STAT.

(b) Section 306 of the Consolidated Farmers Home Administra^^^^ ^^^ ^^ ^^^^' ^ amended (7 U.S.C. 1926), is amended by adding at the end thereof the following new subsection: "(c) I n areas which have suffered major disasters the Secretary is authorized, without regard to the annual grant limitation in subsection (a)(2), to make or insure loans to associations, including corporations not operated for profit and public and quasi-public agencies, for the acquisition, construction, improvement, replacement, or extension of waste disposal systems and other public facilities damaged or destroyed as a result of a major disaster providing for community services in rural areas, when the Secretary determines that such action is necessary for the rebuilding of a community or a portion thereof damaged by a disaster, and to make grants not to exceed 50 per centum of the cost of repair, reconstruction, or replacement of waste disposal systems, water systems, and other public facilities damaged or destroyed as a result of a major disaster providing for community services in these areas in any case in which repayment of a loan for such purposes from income would require a charge for such service which the Secretary determines to be beyond the ability of a majority of the users who might be served thereby to pay such charges and if such charge would exceed cost of such services in comparable communities in the State." H I G H E R EDUCATION F A C I L I T I E S ASSISTANCE I N DISASTER AREAS

77 Stat. 363.

SEC. 7. (a) The Higher Education Facilities Act of 1963 (20 XJ.S.C. 701-757) Is amended by inserting immediately after the last section of such Act the following new section: " H I G H E R EDUCATION F A C I L I T I E S CONSTRUCTION ASSISTANCE I N DISASTER AREAS

64 Stat. 1109.

MAJOR

"SEC. 408. (a) If the Director of the Office of Emergency Planning determines that a public institution of higher education is located in whole or in part within an area which, before July 1, 1967, has suffered a disaster which is a 'major disaster' as defined in section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a(a)), and if the Commissioner determines with respect to such public institution of higher education that— "(1) the academic facilities of the institution have been destroyed or seriously damaged as a result of the disaster; "(2) the institution is exercising due diligence in availing itself of State and other financial assistance available for the restoration or replacement of the facilities; and "(3) the institution does not have sufficient funds available to it from other sources, including the proceeds of insurance on the facilities, to provide for the restoration or replacement of the academic facilities so destroyed or seriously damaged, the Commissioner may provide the additional assistance necessary to enable the institution to carry out construction necessary to restore or replace the facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest; but such additional assistance, plus the amount which he determines to be available to the institution from other sources, including the proceeds of insurance on the facilities, may not exceed the cost of construction incident to the restoration or

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PUBLIC LAW 8 9 - 7 6 9 - N O V. 6, 1966

1319

replacenieiiiof the acadfJiiic facilities destroyed or seiioiisly daiiia.ped as a result of the disaster. "(b) In addition to and apart froni the assistance provided to a public histitution of higher education under subsection (a), the Commissioner may provide funds to such institution in an amount which he considers necessary to replace equipment, maintenance supplies, and instructional supplies (including books, and curricular and program materials) destroyed or seriously damaged as a result of the disaster, or to lease or otherwise provide (other than by acquisition of land or construction of academic facilities) such facilities needed to replace temporarily those academic facilities which have been made iniavailable as a result of the disaster, or both. "(c) In any case deemed appropriate by the Connnissioner, disaster assistance provided under subsection (a) or (b) may be in the form of a repayable advance subject to such terms and conditions as he considers to be in the public interest. " (d) There are hereby authorized to be appropriated for each fiscal year such amounts as may be necessary to carry out the provisions of this section. "(e) No payment may be made to a public institution of higher education for academic facilities under subsection (a) or for assistance under subsection (b) unless an application therefor is submitted through the appropriate State commission and is tiled with the Commissioner in accordance with regulations prescribed by him. I n determining the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the institutions which have submitted approvable applications. No payment may be made under subsection (a) unless the Commissioner finds, after consultation with the State commission, that the project or projects with respect to which it is made are not inconsistent w4th overall State plans, submitted under section 105(a), ^ us^c'yfs^" for the construction of academic facilities. All determinations made by the Commissioner under this section shall be made only after consultation with the appropriate State commission. " (f) Amounts paid by the Commissioner to a public institution of higher education under subsection (a) or (b) may be paid in advance or by way of reimbursement and in such installments as the Commissioner may determine. Any funds paid to an institution which are not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States. " (g) For the purposes of this section an institution of higher education is deemed to be a 'public institution of higher education' if the institution is under public supervision and control." (b) Section 7 of the Small Business Act, as amended (15 U.S.C. 636), is amended by adding thereto the following new subsection: ^^^^^^^^'jr'' "(e) In the administration of the disaster loan program under subsection (b)(1) of this section, in the case of property loss or damage as a result of a disaster which is a 'major disaster' as defined in seclion 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a(a)), the ^^ ^'^'' ^^°^' Small Business Administration, to the extent such loss or damage is not compensated for by insurance or otherwise, may lend to a privately owned college or university without regard to whether the required financial assistance is otherwise available from private sources, and may waive interest payments and defer principal payments on such a loan for the first three years of the term of the loan."'

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PUBLIC LAW 89-769-NOV. 6, 1966

[80 STAT.

PRIORITY TO CERTAIN APPLICATION S FOR P U B L I C F A C I L I T Y A N D H O U S I N G ASSISTANCE

42 USC U911497. ^2 us^c S. 69 Stat. 6 4 1. 40 USC 4 6 2. 79 Stat. 490. 42 USC 3102. Ante, p. 1318.

PUBLIC

SEC. 8. I n the processing of applications for assistance— (1) under title II of the Housing Amendments of 1955, or any other Act providing assistance for the repair, construction, or extension oi public facilities; (2) under the United States Housing Act of 1937 for the provision of low-rent housing; (3) under section 702 of the Housing Act of 1954 for assistance in public works planning; (4) under section 702 of the Housing and Urban Development Act of 1965 providing for grants for public facilities; or (5) under section 306 of the Consolidated Farmers Home Administration Act priority and immediate consideration shall be given, during such period as the President shall by proclamation prescribe, to applications from public bodies situated in major disaster areas. RESTORATION OF P U B L I C F A C I L I T I E S

SEC. 9. There is hereby authorized to be appropriated such sums as may be necessary to reimburse not more than 50 per centum of eligible costs incurred to repair, restore, or reconstruct any project of a State, county, municipal, or other local government agency for flood control, navigation, irrigation, reclamation, public powder, sewage treatment, M^ater treatment, watershed development, or airport construction which was damaged or destroyed as a result of a major disaster, and of the resulting additional eligible costs incurred to complete any such facility which was in the process of construction when damaged or destroyed as a result of such major disaster. Eligible costs are defined to mean those costs determined by the Director of the Office of Emergency Planning as incurred or to be incurred in (1) restoring a public facility to substantially the same condition as existed pirior to the damage resulting from the major disaster, and (2) completing construction not performed prior to the major disaster to the extent the increase of such costs over original construction costs is attributable to changed conditions resulting from the major disaster. Reimbursement under this section shall be made to the State, county, municipal, or other local governmental agency which is constructing the public facility or for which it is being constructed, except that if the economic burden of the eligible costs of repair, restoration, reconstruction or completion is incurred by an individual, partnership, corporation, agency, or other entity (other than an organization engaged in the business of insurance), the State, county, municipality, or other local governmental agency shall reimburse such individual, partnership, corporation, agency, or other entity not to exceed 50 per centum of those costs. Eligible costs shall not include any costs for which reimbursement is received pursuant to insurance contracts or otherwise by the party incurring the economic burden of such costs. D U P L I C A T I O N OF B E N E F I T S

SEC. 10. The head of each department or agency of the Federal government administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as the result of a major disaster shall administer such program in a manner which will assure that no such person, concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other such program.

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 80

STAT.]

PUBLIC LAW 89-769-NOV. 6, 1966 E X T E N S I O N S OF T I M E I N P U B L I C L A N D

MATTERS

SEC. 11. The Secretary of the Interior, upon application therefor, is authorized to grant an extension of time to the holder of any lease, license, permit, contract or entry issued by him in connection with any lands administered by him through the Bureau of Land Management where the Secretary finds that a major disaster has impeded timely fulfillment of requirements and such relief will not prejudice the rights of another party. COORDINATION

OF E F FOR T

SEC. 12. The President, acting through the Office of Emergency Planning, shall plan and coordinate all Federal programs providing assistance to persons, business concerns, or other entities suffering losses as the result of a major disaster, and shall conduct periodic reviews (at least annually) of the activities of State and Federal departments or agencies to assure maximum coordination of such programs, and to evaluate progress being made in the development of State and local organizations and plans to cope with major disasters. Nothing in this section shall be deemed to relieve the head of any department or agency of any function, duty, or responsibility vested in him by any provision of law. DISASTER A S S I S T A N C E

STUDY

SEC. 13. The Director of the Office of Emergency Planning is authorized and directed to make, in cooperation with the Secretary of Agriculture, the Secretary of the Interior, and other affected Federal and State agencies, a full and complete study and investigation for the purpose of determining what additional or improved air operation facilities are needed to provide immediate effective action to prevent or minimize loss of publicly or privately owned property and personal injury or death which could result from forest fires or grass fires which are or threaten to become major disasters. The study and investigation shall include but not be limited to— (1) the need for new or improved airports, heliports, or helispots at specific locations where present transportation facilities are inadequate to provide for immediate and effective action in case of forest fires or grass fires; (2) the need for additional or improved material, equipment (including aircraft) and personnel at specific locations to provide for immediate and effective action in case of forest fires or grass fires; and (3) the estimated cost of providing such new or improved air operation facilities (including additional or improved material, equipment, and personnel) at each specific location. Not later than six months after the enactment of this Act the Director ^.^.^P"";*.*" Congress. of the Office of Emergency Planning shall report the findings of the study and investigation to the Congress together with his recommendations for an action program, including an equitable plan for the sharing of the cost of the program by the Federal, State and local governments and private persons and organizations. KFFECl'IVB DATFi

SEC. 14. This Act and the amendments made by this Act shall apply with respect to any major disaster occurring after October 3,19(14, Approved November 6, 1966.

1321

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PUBLIC LAW 89-770-NOV. 6, 1966

[80

STAT.

Public Law 89-770 November 6, 1966 p.2829]

Immigration and Nationality Act, amendment.

Applicability.

AN ACT

To juiieiid section H I (a)(7) of the Inmiigration and Nationality Act. O Be it enacted by the ISemite and House of Re'pve.!ierttatire>i of the United States of America in Congress assembled, That the proviso to section 301(a)(7) of the Immigration and Nationality Act (Bf> Stat. 2H5; 8 V.S.C. 1401) be amended to read as follows: ^'Provided. That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States (jovernment or with an international oroanization as that term is defined in section 1 of the International Organizations Inmmnities Act (o9 Stat. 6B9: 22 U.S.C. 288) by such citizen parent, or any periods during M'hich such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physicalpresence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date." Approved November 6, 1966.

Public Law 89-771 November 6, 1966

[S.2979]

15 USC 1352.

AN

ACT

fp^- extend coA'erage of the State Technical Services Act of 1965 to the territory of Guam. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2(f) of the State Technical Services Act of 1965 (79 Stat. 680) be amended by inserting "Guam," immediately after "Puerto Rico,". Approved November 6, 1966.

Public Law 89-772 November 6, 1966 [S.3230]

National Zoological P a r k. Concessions.

Voluntary services.

AN ACT To authorize the Board of Regents of the Smithsonian Institution to negotiate cooperative agreements granting concessions at the National Zoological Park to certain nonprofit organizations and to accept voluntary services of such organizations or of individuals, and for other purposes. Be it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled. That (a) the Board of Regents of the Smithsonian Institution, in furtherance of the mission of the National Zoological Park to provide for the advancement of science and instruction and recreation of the people, is authorized to negotiate agreements granting concessions at the National Zoological I'ark to nonprofit scientific, educational, or historic organizations. The net proceeds of such organizations gained from such concessions granted under this subsection shall be used exclusively for research and educational work for the benefit of the National Zoological Park. (b) The Smithsonian Institution is authorized to accept the voluntary services of such organizations, and the voluntary ser^•ices of individuals, for the benefit of the National Zoological Park. Approved November 6, 1966.

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PUBLIC LAW 89-773-NOV. 6, 1966

1323

Public Law 89-773 AN ACT

November 6, 1966

To amend sections 2072 and 2112 of title 28, United States Code, with respect to the scope of the Federal Rules of Civil Procedure and to repeal inconsistent legislation.

'^^°^^^'*J

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the catchline of^^i^ir^ Rules and first paragraph of section 2072 of title 28 of the United States Code Procedure. are amended so as to read as follows: "§2072. Rules of civil procedure JATS.W^IT "The Supreme Court shall have the power to prescribe by general o^ appeals. rules, the forms of process, writs, pleadings, and motions, and the practice and procedure of the district courts and courts of appeals of the United States in civil actions, including admiralty and maritime cases, and appeals therein, and the practice and procedure in proceedings for the review by the courts of appeals of decisions of the Tax Court of the United States and for the judicial review or enforcement of orders of administrative agencies, boards, commissions, and officers." SEC. 2. Sections 2073 and 2074 of title 28 of the United States Code ^^P^^^are repealed, but their repeal shall not operate to invalidate or repeal rules adopted under the authority of one of those sections prior to the enactment of this Act, which rules shall remain in effect until superseded by rules prescribed under the authority of section 2072 of title 28 of the United States Code as amended by this Act. SEC. 3. Item 2072 in the analysis of chapter 131 of title 28 of the United Sta'es Code, appearing immediately preceding section 2071 thereof, is amended so as to read as follows: "Sec. 2072. Rules of civil procedure.", and items 2073 and 2074 are stricken from such analysis. SEC. 4. Section 2352 of title 28 of the United States Code and item J^^J,-. 624. 2352 in the analysis of chapter 158 of title 28 of the United States Code, are repealed, but its repeal shall not operate to invalidate or repeal rules adopted under the authority of that section prior to the enactment of this Act, which rules shall remain in effect until superseded by rules prescribed under the authority of section 2072 of title 28 of the t'ni(ed S\ates Code as amended by this Act. SEC. 5. (a) The first sentence of subsection (a) of section 2112 of Agency orders. title 28 of the United States Code is amended to read as follows: ^^ ^*^*- ^'*^' "The rules prescribed under the authority of section 2072 of this title ^^^l^^tvl^mlnT^ may proA'ide for the time and manner of filing and the contents of the record in all proceedings instituted in the courts of appeals to enjoin, set aside, suspend, modify, or otherwise review or enforce orders of administrative agencies, boards, commissions, and officers." (b) The first sentence of subsection (b) of section 2112 of title 28 of the United States Code is amended by striking out the phrase "the said rules of the court of appeals" and striking out the phrase "the rules of such court" and inserting in lieu of each of such phrases the phrase "the rules prescribed under the authority of section 2072 of this title". (c) The amendments of section 2112 of title 28 of the United States Code made by this Act shall not operate to invalidate or repeal rules adopted under the authority of that section prior to the enactment of this Act, which rules shall remain in effect until superseded by rules prescribed under the authority of section 2072 of title 28 of the United States Code as amended by this Act. Approved November 6, 1966.

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