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The Secretary shall not finally disapprove any State plan, or any modification thereof submitted under this section without first affordi]ig the State reasonable notice and opportunity for a hearing. (b) Whenever the Secretary, after reasonable notice and oppor- cancellation"' tunity for hearing to the State agency administering or supervising paymentsT the administration of a State plan approved under subsection (a), finds that— (1) the State plan has been so changed that it no longer complies with the provisions of subsection (a), or (2) in the administration of the plan there is a failure to comply substantially with any such provision, the Secretary shall notify such State agency that no further payments will be made to the State under this title (or, in his discretion, that further payments to the State will be limited to projects under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, no further payments shall be made to such State under this title (or payments shall be limited to projects under or portions of the State plan not affected by such failure). (c) A State which is dissatisfied with a final action of the Secretary Appeal. under subsection (a) or (b) may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court 72 Stat. 941. shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his order. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The com- 62 Stat. 928. mencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Secretary's action. COSTS OF STATE P L A N ADMINISTRATION

SEC. 304. From a State's allotment under section 302 for a fiscal year, not more than 10 per centum or $15,000, whichever is the larger, shall be available for paying one-half (or such smaller portion as the State may reque^) of the costs of the State agency (established or designated as provided in section 303(a)(1)) m administering the State plan approved under section 303, including the costs of carrying on the functions referred to in subsection (a)(3) thereof.

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PAYMENTS

SEC. 305. Payments under this title may be made (after necessary adjustment on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Secretary may determine. TITI.E IV—RESEAKCH AND DEVELOPMENT PROJECTS PROJECT GRANTS

Multipurpose activity centers.

Community services, coordination.

SEC. 401. The Secretary is authorized to carry out the purposes of this Act through grants to any public or nonprofit private agency, organization, or institution and contracts with any such agency, organization, or institution or with any individual— (a) to study current patterns and conditions of living of older persons and identify factors which are beneficial or detrimental to the wholesome and meaningful living of such persons; (b) to develop or demonstrate new approaches, technic^ues, and methods (including multipurpose activity centers) which hold promise of substantial contribution toward wholesome and meaningful living for older persons; (c) to develop or demonstrate approaches, methods, and techniques for achieving or improving coordination of community services for older persons; or (d) to evaluate these approaches, techniques, and methods, as well as others which may assist older persons to enjoy wholesome and meaningful living and to continue to contribute to the strength and welfare of our Nation. PAYMENTS OF GRANTS

Contribution by recipients.

Conditions.

SEC. 402. (a) To the extent he deems it appropriate, the Secretary shall require the recipient of any grant or contract under this title to contribute money, facilities, or services for carrying out the project for which such grant or contract was made. (b) Payments under this title pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine. (c) The Secretary shall make no grant or contract under this title in any State which has established or designated a State agency for purposes of section 303(a)(1) unless the Secretary has consulted with such State agency regarding such grant or contract. TITLE V—TRAINING PROJECTS PROJECT GRANTS

SEC. 501. The Secretary is authorized to make grants to or contracts with any public or nonprofit private agency, organization, or institution for the specialized training of persons employed or preparing for employment in carrying out programs related to the purposes oi this Act.

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P A Y M E N T OF GRANTS

SEC. 502. (a) To the extent he deems it appropriate, the Secretary shall require the recipient of any grant or contract under this title to contribute money, facilities, or services for carrying out the project for which such grant or contract was made. (b) Payments under this title pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine. (c) The Secretary shall make no grant or contract under this title in any State which has established or designated a State agency for purposes of section 303(a)(1) unless the Secretary has consulted with such State agency regarding such grant or contract.

Contribution by recipients;

Conditions.

TITLE VI—GENERAL ADVISORY COMMITTEES Advisory ComSEC. 601. (a)(1) For the purpose of advising the Secretary of Health, Education, and Welfare on matters bearing on his responsi- mittee on Older Americans. bilities under this Act and related activities of his Department, there Membership, is hereby established in the Department of Health, Education, and Welfare an Advisory Committee on Older Americans, consisting of ih-Q Commissioner, who shall be Chairman, and fifteen persons not otherwise in the employ of the United States, appointed by the Secretary without regard to the civil service laws. Members shall be selected from among persons who are experienced in or have demonstrated particular interest in special problems of the aging. Term of office. (2) Each member of the Committee shall hold office for a term of three years, except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (B) the terms of office of the members first taking office shall expire, as designated by the Secretary of Health, Education, and Welfare at the time of appointment, five at the end of the first year, five at the end of the second year, and five at the end of the third year after the date of appointment. (b) The Secretary of Health, Education, and Welfare is authorized to appoint, without regard to the civil service laws, such technical advisory committees as he deems appropriate for advising him in carrying out his functions under this Act. Compensation, (c) Members of the Advisory Committee or of any technical travel e x p e n s e s. advisory committee appointed under this section, who are not regular full-time employees of the United States, shall, while attending meetings or conferences of such committee or otherwise engaged on business of such committee, be entitled to receive compensation at a rate fixed by the Secretary who appointed them, but not exceeding $75 per diem, including travel time, and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by 60 section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) Stat. Stat. 808; 75 339, 340. for persons in the Government service employed intermittently.

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ADMINISTRATION P u b l i c a t i o n of informational material, etc.

SEC. 602. (a) I n carrying out the purposes of this Act, the Secretary of Health, Education, and Welfare is authorized to provide consultative services and technical assistance to public or nonprofit private agencies, organizations, and institutions; to provide short-term training and technical instruction; to conduct research and demonstrations; and to collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this Act. (b) I n administering their respective functions under this Act, the Secretary of Health, Education, and Welfare is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit private agency or institution, in accordance with agreements between the Secretary concerned and the head thereof, and to pay therefor, in advance or by way of reimbursement, as may be provided in the agreement. AUTHORIZATION OF APPROPRIATIONS

SEC. 603. The Secretary shall carry out titles IV and V of this Act during the fiscal year ending June 30, 1966, and each of the four succeeding fiscal years. There are hereby authorized to be appropriated $1,500,000 for the fiscal year ending June 30, 1966, and $3,000,000 for the fiscal year ending June 30, 1967, and for the fiscal year ending June 30, 1968, and each of the two succeeding fiscal years, such sums may be appropriated as the Congress may hereafter authorize by law. Approved July 14, 1965. Public Law 89-74 July 15, 1965 t H. R. 2]

Drug Abuse Control Amendments of 1965.

AN ACT

To protect the public health and safety by amending the Federal Food, Drug, and Cosmetic Act to establish special controls for depressant and stimulant drugs and counterfeit drugs, and for other purposes. Be it enacted by the Seriate aTid House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Drug Abuse Control Amendments of 1965". FINDINGS A N D DECI.ARAT10N

SEC. 2. The Congress hereby finds and declares that there is a widespread illicit traiSc in depressant and stimulant drugs moving in or otherwise affecting interstate commerce; that the use of such drugs, when not under the supervision of a licensed practitioner, often endan-

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^ers safety on the highways (without distinction of interstate and intrastate traffic thereon) and otherwise has become a threat to the public health and safety, making additional regulation of such drugs necessary regardless of the intrastate or interstate origin of such drugs; that in order to make regulation and protection of interstate commerce in such drugs effective, regulation of intrastate commerce is also necessary because, among other things, such drugs, when held for illicit sale, often do not bear labeling showing their place of origin and because in the form in which they are so held or in which they are consumed a determination of their place of origin is often extremely difficult or impossible; and that regulation of interstate commerce without the regulation of intrastate commerce in such drugs, as provided in this Act, would discriminate against and adversely affect interstate commerce in such drugs. CONTROL OF DEPRESSANT AND STIMULANT DRUGS

SEC, 3. (a) Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end thereof the sastat. iwo. following: " (v) The term 'depressant or stimulant drug' means— "Depressant or "(1) any drug which contains any quantity of (A) barbituric ^t^"""^^"* drug." acid or any of the salts of barbituric acid; or (B) any derivative of barbituric acid which has been designated by the Secretary under section 502(d) as habit forming; 21 USC 35:2. "(2) any drug which contains any quantity of (A) amphetamine or any of its optical isomers; (B) any salt of amphetamine or any salt of an optical isomer of amphetamine; or (C) any substance which the Secretary, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system; or "(3) any drug which contains any quantity of a substance which the Secretary, after investigation, has found to have, and by regulation designates as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect; except that the Secretary shall not designate under this paragraph, or under clause (C) of subparagraph (2), any substance that is now included, or is hereafter included, within the classifications stated in section 4731, and marDiuana as defined in section 4761, of the Internal Revenue Code of 1954 (26 U.S.C. 4731, 4761). esA Stat. 557, The provisions of subsections (e), (f), and (g) of section 701 shall ^^^2 ILu^ioss]' apply to and govern proceedings for the issuance, amendment, or 70 Stat. 919. repeal of regulations under subparagraph (2)(C) or (3) of this 21 USC 371. paragraph." (b) Chapter V of such Act (21 U.S.C. chap. 9, subch. V) is amended 21 USC 35 i-seo. by adding at the end thereof the following new section:

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"DEPRESSANT AND S T I M U L A N T DRUGS

Manufacture, etc., prohibition, Exceptions. 21 USC 3^60."

"SEC. 511. (a) Xo persoii shall manufacture, compound, or process j^j^y depressaut or stimulant drug, except that this prohibition shall not apply to the following persons whose activities in connection with any such drug are solely as specified in this subsection: " (1)(A) Manufacturers, compounders, and processors registered under section 510 who are regularly engaged, and are otherwise qualified, in conformance with local laws, in preparing pharmaceutical chemicals or prescription drugs for distribution through branch outlets, through wholesale druggists, or by direct shipment, (i) to pharmacies or to hospitals, clinics, public health agencies, or physicians, for dispensing by registered phannacists upon prescriptions, or for use by or under the supervision of practitioners licensed by law to administer such dru^s in the course of their professional practice, or (ii) to laboratories or research or educational institutions for their use in research, teaching, or (.'hemic al analysis. " (B) Suppliers (otherwise qualified in conformance with local laws) of manufacturers, compounders, and processor's referred to in subparagraph (A). "(2) "Wholesa'le druggists registered under section 510 who maintain establishments in conformance with local laws and are regularly engaged in supplj^ing prescription drugs (A) to pharmacies, or to hospitals, clinics, public health agencies, or physicians, for dispensing by registered pharmacists upon prescriptions, or for use by or under the supervision of practitioners licensed by law to administer such drugs in the course of their professional X^^^-ctice, or (B) to laboratories or research or educational institutions for their use in research, teaching, or clinical analysis. "(3) Pharmacies, hospitals, clinics, and public health agencies, which maintain establishments in conformance with any applicable local laws regulating the practice of pharmacy and medicine and which are regularly engaged in dispensing prescription drugs upon prescriptions of practitioners licensed to administer such drugs for patients under the care of such practitioners in the course of their professional practice. "(4) Practitioners licensed by law to prescribe or administer depressant or stimulant drugs, while acting in the couise of tlieiiprofessional practice. " (5) Persons who use depressant or stimulant drugs in reseaivli. teaching, or chemical analysis and not for sale. "(6) Officers and employees of the Ignited States, a State government, or a ]X)litical subdivision «)f a State, while acting in the course of their official duties.

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"(7) An employee or agent of any person described in paragraph (1) through paragraph (5), and a nurse or other medical technician under the supervision of a practitioner licensed by law to administer depressant or stimulant drugs, while such employee, nurse, or medical technician is acting in the course of his employment or occupation and not on his own account. " (b) No person, other than— /^^K^^*^•' ic /-, \

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prohibition.

"(1) a person described m subsection (a), while such person is acting in the ordinary and authorized course of his business, profession, occupation, or employment, or "(2) a common or contract carrier or warehouseman, or an employee thereof, whose possession of any depressant or stimulant drug is in the usual course of his business or employment as such, shall sell, deliver, or otherwise dispose of any depressant or stimulant drug to any other person. "(c) No person, other than a person described in subsection (a) or Possession, subsection (b)(2), shall possess any depressant or stimulant drug '"^^ °"' otherwise than (1) for the personal use of himself or of a member of his household, or (2) for administration to an animal owned by him or a member of his household. I n any criminal prosecution for possession of a depressant or stimulant drug in violation of this subsection (which is made a prohibited act by section 301(q)(3)), the United ^°* P - " ^ States shall have the burden of proof that the possession involved does not come within the exceptions contained in clauses (1) and (2) of Records, the preceding sentence. " (d)(1) Every person engaged in manufacturing, compounding, processing, selling, delivering, or otherwise disposing of any depressant or stimulant drug shall, upon the effective date of this section, prepare a complete and accurate record of all stocks of each such drug on hand and shall keep such record for three years. On and after the effective date of this section, every person manufacturing, compounding, or processing any depressant or stimulant drug shall prepare and lieep, for not less than three years, a complete and accurate record of the kind and quantity of each such drug manufactured, compounded, or processed and the date of such manufacture, compounding, or processing; and every person selling, delivering, or otherwise disposing of any depressant or stimulant drug shall prepare or obtain, and keep for not less than three years, a complete and accurate record of the kind and quantity of each such drug received, sold, delivered, or otherwise disposed of, the name and address of the person, and the registration number, if any, assigned to such person by the Secretary 76 Stat. 794. pursuant to section 510(e), from whom it was received and to whom 21 USC 360. it was sold, delivered, or otherwise disposed of, and the date of such transaction. No separate records, nor set form or forms for any of the foregoing records, shall be required as long as records containing the required information are available. "(2)(A) Every person required by paragraph (1) of this subsec- inspection tion to prepare or obtain, and keep, records, and any carrier maintaining records with respect to any shipment containing any depressant or stimulant drug, and every person m charge, or having custody, of such records, shall, upon request of an officer or employee designated by the Secretary permit such officer or employee at reasonable times to have access to and copy such records. For the purposes of verification of such records and of enforcement of this section, officers or employees

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Post, p. 232,

76 Stat. 792. 21 USC 374. Practitioners, exception.

Prescriptions, restrictions.

Certain drugs, exemption.

Ante, p. 227.

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[79 STAT.

designated by the Secretary are authorized, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, to enter, at reasonable times, any factory, warehouse, establishment, or vehicle in which any depressant or stimulant drug is held, manufactured, compounded, processed, sold, delivered, or otherwise disposed of and to inspect, within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished material, containers and labeling therein, and all things therein (including records, files, papers, processes, controls, and facilities) bearing on violation of this section or section 301(q); and to inventory any stock of any such drug therein and obtain samples of any such drug. I f a sample is thus obtained, the officer or employee making the inspection shall, upon completion of the inspection and before leaving the premises, give to the owner, operator, or agent in charge a receipt describing the sample obtained. " (B) No inspection authorized by subparagraph (A) shall extend to (i) financial data, (ii) sales data other than shipment data, (iii) pricing data, (iv) personnel data, or (v) research data, which are exempted from inspection under the third sentence of section 704(a) of this Act. "(3) The provisions of paragraphs (1) and (2) of this subsection shall not apply to a licensed practitioner described in subsection (a)(4) with respect to any depressant or stimulant drug received, prepared, processed, administered, or dispensed by him in the course of his professional practice, unless such practitioner regularly engages in dispensing any such drug or drugs to his patients for which they are charged, either separately or together with charges for other professional services. "(e) No prescription (issued before or after the effective date of this section) for any depressant or stimulant drug may be filled or refilled more than six months after the date on which such prescription was issued and no such prescription which is authorized to be refilled may be refilled more than five times, except that any prescription for such a drug after six months after the date of issue or after being refilled five times may be renewed by the practitioner issuing it either in writing, or orally (if promptly reduced to writing and filed by the pharmacist filling i t). " (f)(1) The Secretary may by regulation exempt any depressant or stimulant drug from the application of all or part of this section when he finds that regulation of its manufacture, compounding, processing, possession, and disposition, as provided in this section or in such part thereof, is not necessary for the protection of the public health. "(2) The Secretary shall by regulation exempt any depressant or stimulant drug from the application of this section, if— " (A) such drug may, under the provisions of this Act, be sold over the counter without a prescription; or " (B) he finds that such drug includes one or more substances not having a depressant or stimulant effect on the central nervous system or a hallucinogenic effect and such substance or substances are present therein in such combination, quantity, proportion, or concentration as to prevent the substance or substances therein which do have such an effect from being ingested or absorbed in sufficient amounts or concentrations as, within the meaning of SectioU 201 (v), tO

" (i) be habit forming because of their stimulant effect on the central nervous system, or

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" (ii) have a potential for abuse because of their depressant or stimulant effect on the central nervous system or their hallucinogenic effect. " (g)(1) The Secretary may, from time to time, appoint a committee of experts to advise him with regard to any of the following matters involved in determining whether a regulation under subparagraph (2)(C) or (3) of section 201(v) should be proposed, issued, amended, or repealed: (A) whether or not the substance involved has a depressant or stimulant effect on the central nervous system or a hallucinogenic effect, (B) whether the substance involved has a potential for abuse because of its depressant or stimulant effect on the central nervous system, and (C) any other scientific question (as determined by the Secretary) which is pertinent to the determination of whether such substance should be designated by the Secretary pursuant to subparagraph (2)(C) or (3) of section 201(v). The Secretary may establish a time limit for submission of the committee's report. The appointment, compensation, staffing, and procedure of such committees shall be in accordance with subsections (b)(5)(D). and the admissibility of their reports, recommendations, and testimony at any hearing involving such matters shall be determined in accordance with subsection (d) (2^, of section 706. The appointment of such a committee after publication of an order acting on a proposal pursuant to section 701.(e)(1) shall not suspend the running of the time for filing objections to such order and requesting a hearing unless the Secretary so directs. "(2) Where such a matter is referred to an expert advisory committee upon request of an interested person, the Secretary may, pursuant to regulations, require such person to pay fees to pay the costs, to the Department, arising by reason of such referral. Such fees, including advance deposits to cover such fees, shall be available, until expended, for paying (directly or by way of reimbursement of the applicable appropriations) the expenses of advisory committees under this subsection and other expenses arising by reason of referrals to such committees and for refunds in accordance with such regulations. "'(h) As used in this section and in sections 301 and 304, the term 'manufacture, compound, or process' shall be deemed to refer to 'manufacture, preparation, propagation, compounding, or processing' as defined in section 510(a), and the term 'manufacturers, compounders, and processors' shall be deemed to refer to persons engaged in sucb defined actiAdties."

231

^^tJ^^°'^'"^ ^"' P- ^27.

^4 Stat. 399. 21 USC 376.

70 usr ^7!'" 919 ^0 Stat. 371. 21 USC Referral f e e s.

52 Stat. 1042. ^ ^ ^^^ ^^^' ^^'**

REGISTKATIOX OF r R O D t ' C E R S A X I) WIIOLESALEBS OF DEPRESSANT AND S T I M U L A N T DRUGS

SEC. 4. (a) Section 510(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 3H0) is amended by redesignating paragraph (2) thereof as paragraph (3) and by inserting immediately after paragraph (1) the following new paragraph: "(2) the term 'wholesaling, jobbing, or distributing of depressant or stimulant drugs' means the selling or distribution of any depressant or stimulant drug to any person who is not the ultimate user or consumer or such d r u g; " (b) Subsection (b) of section 510 of such Act is amended (1) by inserting immediately after "drug or drugs" the following: "or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug", and (2) by adding at the end thereof the following: "If any such establishment is engaged in the manufacture, preparation, propa-

76 Stat. 794.

Definition.

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[79 STAT.

gation, conipoiinding, or processing of any depressant or stimulant drug, such person shall, at the time of such registration, indicate such fact, in such manner as the Secretary may by regulation prescribe.*' (c) Subsection (c) of section 510 of such Act is amended (1) by inserting immediately after "drug or drugs" the following: "or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug", and (2J by adding at the end thereof the following: "If such establishment is engaged in the manufacture, preparation, propagation, compounding, or processing of any depressant or stimulant drug such person shall, at the time of such registration, indicate such fact, in such manner as the Secretary may by regulation prescribe." (d) Subsection (d) of section 510 of such Act is amended by inserting " (1) " immediately after " (d) " and by striking out the period at the end thereof and inserting in lieu thereof the following: "or the wholesaling, jobbing, or distributing of any depressant or stimulant <lrug. If any depressant or stimulant drug is manufactured, prepared, propagated, compounded, or processed in such additional establishment, such person shall, at the time of such registration, indicate such fact, in such manner as the Secretary may by regulation prescribe. "(2) Every person who is registered with the Secretary pursuant to the first sentence of subsection (b) or (c) or paragraph (1) of this subsection, but to whom the second sentence of subsection (b) or (c) or of paragraph (1) of this subsection did not apply at the time of such registration, shall, if any depressant or stimulant drug is thereafter manufactured, prepared, propagated, compounded, or processed in any establishment with respect to which he is so registered, immediately file a supplement to such registration with the Secretary indicating such fact, in such manner as the Secretary may by regulation prescribe." (e) The heading of such section 510 is amended by inseiting "and O r t a i n Wholesalers" immediately after "of Producers". PKOHIBITED ACTS

52 Stat. 1042.

Ante, p. 228.

SEC. 5. Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end tlieieof the following new paragraph: " (q)(l) The manufacture, compounding, or processing of a drug in violation of section 511(a); (2) the sale, delivery, or other disposition of a drug in violation of section 511(b); (3) the possession of a dru^ in violation of section 511(c); (4) the failure to prepare or obtain, or the failure to keep, a complete and accurate record with respect to any drug as required by section 511(d); (5) the refusal to permit access to or copying of any record as required by section 5 1 1 (d): (6) the refusal to permit entry or inspection as authorized by section 511(d); or (7) the filling or refilling of any prescription in violation of section 511(e)." (JROUNDS A N D JURISDICl'IOX FOR JUDICIAL SEIZURE A N D CONDEMNATION

52 Stat. 1044.

SEC. 6. (a) Subsection (a) of section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334) is amended by inserting " (1) " after " (a) " and redesignating clauses (1) and (2) of the proviso thereto as " (A) " and " (B) ", respectively; and by adding at the end of such subsection the following new paragraph: "(2) The following shall be liable to be proceeded against at aiij^ time on libel of information and condemned in any district court of

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the United States within the jurisdiction of which they are found: (A) Any depressant or stimulant drug with respect to which a prohibited act within the meaning of section 301 (p] or (q) by any person ^e Stat. 795. has occurred, (B) Any drug that is a counterfeit drug, (C) Any con- AnLyp. 232!' tainer of such depressant or stimulant drug or of a counterfeit drug, (D) Any equipment used in manufacturing, compounding, or processing a depressant or stimulant drug with respect to which drug a prohibited act within the meaning of section 301(p) or (q), by the manufacturer, compounder, or processor thereof, has occurred, and (E) Any punch, die, plate, stone, labeling, container, or other thing used or designed for use in making a counterfeit drug or drugs." (b)(1) The first sentence of subsection (b) of such section 304 is amended by inserting ", equipment, or other thing proceeded against" after "article". (2) Subsection (d) of such section 304 is amended by inserting " (1) " ^i us^c -'34 ^* after " (d) " and redesignating clauses (1) and (2.) of the second sentence of such subsection as " (A) " and " (B) ", respectively; and by adding at the end of such subsection the following new paragraphs: "(2) The provisions of paragraph (1) of this subsection shall, to the extent deemed appropriate by the court, apply to any equipment or other thing which is not otherwise within the scope of such paragraph and which is referred to in paragraph (2) of subsection (a). ^"^^' P- ^^2* " (3) Whenever in any proceeding under this section, involving para- ci aim for remi sgraph (2) of subsection (a), the condemnation of any equipment or ^'°"* thing (other than a drug) is decreed, the court shall allow the claim of any claimant, to the extent of such claimant's interest, for remission or mitigation of such forfeiture if such claimant proves to the satisfaction of the court (i) that he has not committed or caused to be committed any prohibited act referred to in such paragraph (2) and has no interest in any drug referred to therein, (li) that he has an interest in such equipment or other thing as owner or lienor or otherwise, acquired by him in good faith, and (iii) that he at no time had any knowledge or reason to believe that such equipment or other thing was being or would be used in, or to facilitate, the violation of laws of the United States relating to depressant or stimulant drugs or counterfeit drugs." PENALTIES

SEC. 7. (a) Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended by inserting after the final S2 Stat. 1043. word "fine" and before the period the following: ": Provided, however, That any person who, having attained his eighteenth birthday, violates section 301(q)(2) by selling, delivering, or otherwise disposing of any depressant or stimulant drug to a person who has not attained his twenty-first birthday shall, if there be no previous conviction of such person under this section which has become final, be subject to imprisonment for not more than two years, or a fine of not more than $5,000, or both such imprisonment and fine, and for the second or any subsequent conviction for such a violation shall be subject to imprisonment for not more than six years, or a fine of not more than $15,000, or both such imprisonment and fine". (b) Section 303(b) of such Act (21 U.S.C. 333(b)) is amended by inserting after the word "shall" the following: "(except in the case of an offense which is subject to the provisions of the proviso to subsection (a) relating to second or subsequent offenses)".

49-850 0-66—18

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[79 STAT.

POWERS A N D PROTECTION OF ENFORCEMENT PERSONNEL,

^g52^stau^i^056;

21 USC 334.

Ante, p. 232.

^g^s^stat^^721;

52 Stat. 1040. 21 USC 301.

SEC. 8. (a) Section 702 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372) is amended by adding at the end thereof the following new subsection: "(e) Any officer or employee of the Department designated by the Secretary to conduct examinations, investigations, or inspections under this Act relating to depressant or stimulant drugs or to counterfeit drugs may, when so authorized by the Secretary— " (1) carry firearms; " (2) execute and serve search warrants and arrest warrants; "(3) execute seizure by process issued pursuant to libel under section 304; " (4) make arrests without warrant for offenses under this Act with respect to such drugs if the offense is committed in his presence or, in the case of a felony, if he has probable cause to believe that the person so arrested has committed, or is committing, such offense; and "(5) make, prior to the institution of libel proceedings under section 304(a)(2), seizures of drugs or containers or of equipment, punches, dies, plates, stones, labeling, or other things, if they are, or he has reasonable grounds to believe that they are, subject to seizure and condemnation under such section 304(a)(2). I n the event of seizure pursuant to this paragraph (5), libel proceedings under section 304(a)(2) shall be instituted promptly and the property seized be placed under the jurisdiction of the court." (b) Section 1114 of title 18 of the United States Code is amended by striking out "or any security officer of the Department of State or the Foreign Service" and by inserting in lieu thereof the following: "any security officer of the Department of State or the Foreign Service, or any officer or employee of the Department of Health, Education, and Welfare designated by the Secretary of Health, Education, and Welfare to conduct investigations or inspections under the Federal Food, Drug, aud Cosmetic Act". ®' C O U N T E R F E I T I N G OF DRUGS

21 USC 352.

SEC. 9. (a) The Congress finds and declares that there is a substantial traffic in counterfeit drugs simulating the brand or other identifying mark or device of the manufacturer of the genuine article; that such traffic poses a serious hazard to the health of innocent consumers of such drugs because of the lack of proper qualifications, facilities, and manufacturing controls on the part of the counterfeiter, whose operations are clandestine; that, while such drugs are deemed misbranded within the meaning of section 502(i) of the Federal Food, Drug, and Cosmetic Act, the controls for the suppression of the traffic in such drugs are inadequate because of the difficulty of determining the place of interstate origin of such drugs and, if that place is discovered, the fact that the implements for counterfeiting are not subject to seizure, and that these factors require enactment of additional controls with respect to such drugs without regard to their interstate or intrastate origins. (b) Paragraph (g) of section 201 of the Federal Food, Drug, and Cosmetic Act (21 tJ.S.C. 321) is amended (1) by inserting " (1) " immediately after " (g) ", (2) by redesignating clauses (1), (2), (3), and (4) thereof as clauses (A), (B), (C), and (D), respectively, (3) by striking out "clause (1), (2), or (3) " and inserting in lieu

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thereof "clause (A), (B), or (C) ", and (4) by adding at the end thereof the following: "(2) The term 'counterfeit drug' means a drug which, or the con- ^ "Counterfeit tainer or labeling of which, without authorization, bears the trade- ''^^' mark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other drug manufacturer, processor, packer, or distributor." (c) Paragraph (i) of section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(c)) is amended by inserting " (1) " 52 Stat. io42. immediately after " (i) " and by adding at the end thereof the following new subparagraphs: " (2) Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit drug. "(3) The doing of any act which causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug." (d) Section 303 of such Act (21 U.S.C. 333(c)) is amended by inserting immediately before the period at the end thereof the following: "; or (5) for having violated section 301(i)(2) if such person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drug being a counterfeit drug, or for having violated section 301(i)(3) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit dnig". APPLICATION OF STATE LAW

SEC. 10. (a) Nothing in this Act shall be construed as authorizing the manufacture, compounding, processing, possession, sale, deliveiy, or other disposal of any drug in any State m contravention of the laws of such State. (b) No provision of this Act nor any amendment made by it shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision or amendment operates to the exclusion of any State law on the same subject matter, unless there is a direct and positive conflict between such provision or amendment and such State law so that the two cannot be reconciled or consistently stand together. (c) No amendment made by this Act shall be construed to prevent the enforcement in the courts of any State of any statute of such State prescribing any criminal penalty for any act made criminal by any such amendment. EFFECTIVE DATE

SEC. 11. The foregoing provisions of this Act shall take effect on the first day of the seventh calendar month following the month in which this Act is enacted; except that (1) the Secretary shall permit persons, owning or openiting any establishment engaged in manufacturijig, preparing, propagating, compounding, processing, whole-

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PUBLIC LAW 89-75-JULY 16, 1965

[79 STAT.

saling, jobbing, or distributing any depressant or stimulant drug, as referred to in the amendments made by section 4 of this Act to section 510 of the Federal Food, Drug, and Cosmetic Act, to register their names, places of business, and establishments, and other information prescribed by such amendments, with the Secretary prior to such effective date, and (2) sections 201(v) and 511(g) of the Federal Food, Drug, and Cosmetic Act, as added by this Act, and the provisions of sections 8 and 10 shall take effect upon the date of enactment of this Act. Approved July 15, 1965. Public Law 89-75 July 16, 1965 AN ACT [H. R. 64531— Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1966, and for other purposes.

FEDERAL PAYMENT TO DISTRICT OF COLUMBIA Be it enacted by the Senate and House of Representatives of the cT^*bia*A^ ^^*^^^ /S'to^e* of America in Congress assembled, That there are pr°a'tk.n\ct',^[966. appropriated for the District of Columbia for the fiscal year ending June 30, 1966, out of (1) the general fund of the District of Columbia (unless otherwise herein specifically provided), hereinafter known as the general fund, such fund being composed of the revenues of the District of Columbia other than those applied by law to special funds, and $43,000,000, which is hereby appropriated for the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 1965), (2) the highway fund (when designated as D. C. Code 47payable therefrom), established by law (D.C. Code, title 47, ch. 19), 1901 to 47-1919. including the motor vehicle parking account (when designated as payD^c*c'ode"4o- ^^^® therefrom), established by law (Public Law 87-408), (3) the 808*and note. ' watcr fuud (wheu designated as payable therefrom), established by D.C. Code Vs. law (D.C. Code, title 43, ch. 15), and $1,973,000, which is hereby 1501 to 43-1541. appropriated for the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 1965), (4) the sanitary sewage works fund (when designated as payable therefrom). D^c^code^la- established by law (Public Law 364, 83d Congress), and $1,149,000, 1601 to 43-^618. which is hereby appropriated for the purpose out of any money in the Treasury not otherwise appropriated (to be advanced July 1, 19^65), and (5) the metropolitan area sanitary sewage works fund (when

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PUBLIC LAW 89-75-JULY 16, 1965

designated as payable therefrom), established by law (PuMic Law 85-515); and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, $26,311,900, which, together with balances of previous appropriations for this purpose, shall remain available until expended, for loans authorized by the Act of May 18, 1954 (68 Stat. 101), the Act of June 6, 1958 (72 Stat. 183), and the Act of August 27, 1963 (77 Stat. 130), to be advanced upon request of the Commissioners to the following funds: general fund, $22,400,000; and highway fund, $3,911,900.

237 74 Stat. 210. D.C. Code 4 3 1620 to 43.-1624.

D. C. Code 4 3 1601 note, 9 - 2 2 0.

OPERATING EXPENSES For expenses necessary for functions under this general head: GENERAL OPERATING EXPENSES

General operating expenses, plus so much as may be necessary to compensate the Engineer Commissioner at a rate equal to each civilian member of the Board of Commissioners of the District of Columbia, hereafter in this Act referred to as the Commissioners; $20,112,000, of which $375,000 (to remain available until expended) shall be available solely for District of Columbia employees' disability compensation and $25,000 shall remain available until December 31, 1966, for expenditure by the American Legion 1966 Convention Corporation American Legion 1966 in connection with the 1966 National Convention of the American Corp.,Convention. expenses Legion, subject to reimbursement from the American Legion, and $186,700 shall be payable from the highway fund (including $52,300 from the motor-vehicle parking account), $27,200 from the water fund, and $8,900 from the sanitary sewage works fund: Provided, That the certificate of the Commissioners shall be sufficient voucher for the expenditure of $2,500 of this appropriation for such purposes, exclusive of ceremony expenses, as they may deem necessary: Provided further, That, for the purpose of assessing and reassessing real property in the District of Columbia, $5,000 of the appropriation shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), but at rates for individuals not in excess of 60 Stat. 810. $100 per diem: Provided fy/rther, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations. P U B L I C SAFETY

Public safety, including employment of consulting physicians, diagnosticians, and therapists at rates to be fixed by the Commissioners; cash gratuities of not to exceed $75 to each released prisoner; purchase

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[79 STAT.

of one hundred and twelve passenger motor vehicles (including ninetyeight for police-type use without regard to the general purchase price limitation for the current fiscal year but not in excess pf $100 per vehicle above such limitation) of which seventy-three are for replacement purposes; $78,663,000, of which $168,025 shall be transferred to the judiciary and disbursed by the Administrative Office of the United States Courts for expenses of the Legal Aid Agency for the District of Columbia and $3,761,700 shall be payable from the highway fund (including $112,000 from the motor vehicle parking account), $3,200 from the water fund, and $3,200 from the sanitary sewage works fund: Provided, That not to exceed $50,000 of any funds from appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Commissioners: Provided further, That the Police Department and Fire Department are each authorized to replace not to exceed five passenger carrying vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-iourths the cost of the replacement: Provided further, That not to exceed $15,000 iof this appropriation shall be available for settlement of claims not in excess of $250 each. EDUCATION

Education, including purchase of nine' passenger motor vehicles, including seven for re^acement only, purchase of two driver training vehicles, the development of national defense education programs, and for matching Federal grants under the National Defense Educa20 USC 401 tion Act of September 2, 1958 (72 Stat. 1580), as amended, $75,457,600, note. of which $733,093 shall be for development of vocational education in the District of Columbia in accordance with the Act of June 8, 60 Stat. 775; 1936 as amended, and $124,000 shall be payable from the high70 Stat. 925: !c j 72 Stat. 1597. way fund. ISaaa 20 USC 1 Si note, Section 301, subsection (c) of the Dual Compensation Act (78 Stat. 5 USC 3105. 488) shall not apply to compensation received by teachers of the public schools of the District of Columbia for employment in a civilian office during the period July 1, 1965, to August 28, 1965. PARKS AND RECREATION

Parks and recreation, including the purchase, acquisition, and transportation of specimens for the National Zoological Park, $10,703,700, of which $25,000 shall be payable from the highway fund.

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239

H E A L T H AND WELFARE

Health and welfare, including reimbursement to the United States for services rendered to the District of Columbia by Freedmen's Hospital; and for care and treatment of indigent patients in institutions, including those under sectarian control, under contracts to be made by the Director of Public Health; $79,813,800: Provided, That the inpatient rate and outpatient rate under such contracts, with the exception of Children's Hospital, and for services rendered by Freedmen's Hospital shall not exceed $34 per diem and the outpatient rate shall not exceed $5.75 per visit; the inpatient rate and outpatient rate for Children's Hospital shall not exceed $40 per diem and $6.75 per visit; and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be $10.43 per diem: Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia without regard to the requirement of one-year residence contained in District of Columbia Appropriation Act, 1946, under the heading "Operating Expenses, Gallinger Municipal Hospital," and this appropriation shall also be available to render assistance to such individuals who are temporarily absent from the District of Columbia: Provided further, That the authorization included under the heading "Department of Public Health," in the District of Columbia Appropriation Act, 1961, for compensation of convalescent patients as an aid to their rehabilitation is hereby extended to the Department of Vocational Rehabilitation. HIGHWAYS AND TRAFFIC

Highways and traffic, including $77,459 for traffic safety education without reference to any other law; $250 for membership in the American Association of Motor Vehicle Administrators and $622 for membership in the Vehicle Equipment Safety Commission; rental of three passenger-carrying vehicles for use by the Commissioners; and purchase of thirty-two passenger motor vehicles, including twentyseven for replacement only; $13,989,000, of which $9,464,000 shall be payable from the highway fund (including $681,500 from the motor vehicle parking account): Provided, That this appropriation shall not be available for the purchase of driver-training vehicles. SANITARY ENGINEERING

Sanitary engineering, including the purchase of twelve passenger motor vehicles for replacement only, $22,498,000, of which $7,529,000 shall be payable from the water fund, $4,367,000 shall be payable from the sanitary sewage works fund, and $83,200 shall be payable from the metropolitan area sanitary sewage works fund. METROPOLITAN POLICE ADDITIONAL MUNICIPAL SERVICES, IMPERIAL SHRLNE CONVENTION

Metropolitan Police (additional municipal services. Imperial Shrine Convention), including payment at basic salary rates for services performed by officers and members of the police and fire departments in excess of the regular tours of duty during the period of the Imperial Shrine Convention (but not to exceed a total of sixteen hours overtime pay to any individual officer or member performing service

^9 Stat. 282.

74 Stat. 21.

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[79 STAT.

during such period) with such overtime chargeable to this appropriation or to the appropriations of the police and fire departments, $221,200. PERSONAL SERVICES, WAGE-BOARD EMPLOYEES

For pay increases and related retirement costs for wage-board employees, to be transferred by the Commissioners of the District of Columbia to the appropriations for the fiscal year 1966 from which said employees are properl^^ payable, $1,279,000, of which $103,000 shall be payable from the highway fund (including $2,000 from the motor vehicle parking account), $132,000 from the water fund, $88,000 from the sanitary sewage works fund, and $1,000 from the metropolitan area sanitary sewage works fund. REPAYMENT OF LOANS AND I N T E R E S T

D.c. Code 431540^ 43-1616. D.c. Code 2^^D.^c. Code 9220; 4*3-1623.

For reimbursement to the United States of funds loaned in compliance with sections 108,217, and 402 pf the Act of May 18, 1954 (68 Stat. 103, 109 aud 110), as amended; section 7 of the Act of September 7, j95^ ^>j^ g^g^^ g-^g^^ ^g amended; section 1 of the Act of June 6, 1958 (72 Stat. 183); and section 4 of the Act of June 12, 1960 (74 Stat. 211), including interest as required thereby, $5,690,400, of which $2,151,800 shall be payable from the highway fund, $1,225,800 shall be payable from the water fund, and $455,100 shall be payable from the sanitary sewage works fund. CAPITAL OUTLAY

D. c. Code 11103. D.C, Code 431510; 40-804;

4l-iV3"T22o.

For reimbursement to the United States of funds loaned in compliance with section 4 of the Act of May 29, 1930 (46 Stat. 482), as amended, the Act of August 7, 1946 (60 Stat. 896), as amended, the Act of May 14, 1948 (62 Stat. 235), and payments under the Act of July 2, 1954 (68 Stat. 443); construction projects EIS authorized by the Acts of April 22, 1904 (33 Stat. 244), February 16, 1942 (56 Stat. 91), May 18, 1954 (68 Stat. 105), June 6, 1958 (72 Stat. 183), and August 20, 1958 (72 Stat. 686); including acquisition of sites; preparation of plans and specifications for the following buildings and facilities: new senior high school in the vicinity of 55th and Eads Streets Northeast, new elementary school in the vicinity of 11th and Kenyon Streets Northwest, Blow-Pierce Elementary Schools replacement, Blair-Ludlow-Taylor Elementary Schools replacement, new elementary school in the vicinity of Texas Avenue and Burns Street Southeast, Seaton Elementary School replacement, Thomas Elementary School addition, Emery-Eckington Elementary Schools replacement. Brent Elementary School replacement, new downtown library. Engine Company Number 15 replacement; for conducting the following preliminary surveys: electrical, water and sewer systems of the Children's Center, boiler modification and replacement of roadways at the District Training School; erection of the following structures, including building improvement and alteration and the treatment of grounds: new junior high school in the vicinity of Sixth Street and Brentwood Parkway Northeast, new elementary school in the vicinity of Seventh and Webster Streets Northwest, Watkins Elementary School addition and alterations, Wheatley Elementary School addition, Nichols Avenue Elementary School replacement, Tyler Elementary School addition. Chevy Chase Branch Library, Precinct Number 2 addition. Engine Company Number 9 replacement, utility services at the District of Columbia General Hospital, heating plant replacement at the Workhouse, dormitory at the Workhouse, juvenile facility,

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replacement of steam distribution system at the Maple Glen School, and Incinerator Number 5; $598,500 for the purchase of equipment for new school buildings; to remain available until expended, $51,800,800, of which $8,580,000 shall not become available for expenditure until July 1, 1966, $9,250,000 shall be payable from the highway fund (including $120,000 from the motor vehicle parking account), $1,375,000 shall be payable from the water fund, and $2,285,000 shall be payable from the sanitary sewage works fund, and $2,377,900 shall be available for construction services by the Director of Buildings and Grounds or by contract for architectural engineering services, as may be determined by the Commissioners, and the funds for the use of the Director of Buildings and Grounds shall be advanced to the appropriation account, "Construction services, Department of Buildmgs and Grounds". GENERAL PROVISIONS SEC. 2. Except as otherwise provided herein, all vouchers covering expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official without countersignature. SEC. 3. Whenever in this Act an amount is specified within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor. SEC. 4. Appropriations in this Act shall be available, when authorized or approved by the Commissioners, for allowances for privately owned automobiles used for the performance of official duties at 8 cents per mile but not to exceed $25 a month for each automobile, unless otherwise therein specifically provided, except that one hundred and forty-three (fifty for investigators in the Department of Public Welfare and eighteen for venereal disease investigators in the Department of Public Health) such allowances at not more than $410 each per annum may be authorized or approved by the Commissioners. SEC. 5. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Commissioners: Provided, That the total expenditures for this purpose shall not exceed $65,000. SEC. 6. Appropriations in this Act shall be available for services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). SEC. 7. The disbursing officials designated by the Commissioners are authorized to advance to such officials as may be approved by the Commissioners such amounts and for such purposes as the Commissioners may determine. SEC. 8. Appropriations in this Act shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Utilities Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Utilities Commission. SEC. 9. Appropriations in this Act shall not be available for the payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed.

vouchers.

^ Maximum ^""""^'

^i^"^"™"^"' allowances. " """'"'""'

Travel expenses.

^o Stat. sio.

Restrictions.

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 242 Vehicle u s e.

60 Stat. 810.

Snow removal.

58 Stat, 532. D, C. Code 1-243. Judgment payments.

D,C, Code 471910. 70 Stat, 78. D,C, Code 471586J,

74 Stat, 23.

Short title.

PUBLIC LAW89-76-JULY 16, 1965

[79 STAT.

SEC. 10. All motor-propelled passenger-carrying vehicles (including watercraft) owned by the District of Columbia shall be operated and utilized in conformity with section 16 of the Act of August 2, 1946 (5 U.SiC. 77, 78), and shall be under the direction and control of the Commissioners, who may from time to time alter or change the assignment for use thereof, or direct the alteration of interchangeable use of any of the same by officers and emploj^ees of the District, except as otherwise provided in this Act. "Official purposes" shall not apply to the Commissioners of the District of Columbia or in cases of officers and employees the character of whose duties makes such transportation necessa^, but only as to such latter cases when the same is approved by the Commissioners. SEC. 11. Appropriations contained in this Act for Highways and Traffic, and Sanitary Engineering shall be available for snow and ice control work when ordered by the Commissioners in writing. SEC. 12. Appropriations in this Act shall be available, when authorized by the Commissioners, for the rental of quarters without reference to section 6 of the District of Columbia Appropriation Act, 1945. SEC. 13. Appropriations in this Act shall be available for the furnishing of uniforms when authorized by the Commissioners. SEC. 14. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia, including refunds authorized by section 10 of the Act approved April 23, 1924 (43 Stat, 108): Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title X II of the District of Columbia Income and Franchise Tax Act of 1947, as amended. SEC. 15, Except as otherwise provided herein, limitations and legislative provisions contained in the District of Columbia Appropriation Act, 1961, shall be continued for the fiscal year 1966: Provided, That the limitation for "Construction Services. Department of Buildings and Grounds" contained in the District oi Columbia Appropriation Act, 1961, shall be increased from 6 to 8 per centum of appropriations for construction projects in excess of $500,000 and to 10 per centum of appropriations for construction projects under $500,000. This Act may be cited as the "District of Columbia Appropriation Act 1966." Approved July 16, 1965. Public Law 89-76

July 16, 1965 [H, R, 5 184]

Port of P o r t, land, Greg,

AN ACT For the relief of the port of Portland, Oregon.

Be it enacted by the Semite and House of Representatives of the United States of America in Congress assembled, That the Comptroller General of the United States be, and he hereby is, authorized and directed to settle and adjust the claim of the port of Portland (Oregon) on account of payment of a judgment plus interest to the State of Oregon, pursuant to a decision of the Circuit Court of Multnomah County (Oregon), representing a royalty on certain material supplied to the Department oi the Army by the port under a negotiated contract, order numbered 40-71921, dated January 28, 1959, and to allow in full and final settlement of the claim a sum not to exceed $6,226.80. There is hereby appropriated out of any money in the Treasury not otherwise appropriated the sum of $6,226.80 for the payment of said claim. Approved July 16, 1965.

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243

Public Law 89-77 AN ACT To amend I'ublic Law 815, Eighty-first Congress, with respec-t to the construction of school facilities for children in P u e r to Rico, W a k e Island, Guam, or the Virgin Islands for whom local educational agencies a r e unable to provide education, to ajnend section 6(a) of Public Law 874, Eighty-first Congress, relating to conditions of employment of teachers in dependents' schools, and for other purposes.

Be it enacted by the Senate and House of Representatives of ths United States of America in Congress assembled. That section 10 of /

J

1

July 21, 1965 [H.R. 5874]

school facinties

consiTuctloti-

the Act of September 23, 1950, as amended (20 U.S.C. 640), is amended 72' Stat. 553. b j inserting the following sentence after the first sentence thereof: "In any case in which the Commissioner makes arrangements under this section for constructing or otherwise providing minimum school facilities situated on Federal property in Puerto Rico, Wake Island, Guam, or the Virgin Islands, he may also include minimum school facilities necessary for the education of children residing with a parent employed by the United States though not residing on Federal property, but only if the Commissioner determines, after consultation with the appropriate State educational agency, (1) that the construction or provision of such facilities is appropriate to carry out the purposes of this Act, (2) that no local educational agency is able to provide suitable free public education for such children, and (3) that English is not the primary language of instruction in schools in the locality." SEC. 2. The fourth sentence of section 6(a) of the Act of September 30, 1950, as amended (20 U.S.C. 241(a)) is amended to read as fol- g/^taJ^sas^^^' lows: "For the purpose of providing such comparable education, personnel may be employed and the compensation, tenure, leave, hours of work, and other incidents of the employment relationship may be Hxed without regard to the Civil Service Act and rules (5 U.S.C. 631 et seq.) and the following: (1) the Classification Act of 1949, as amended 6322 Stat. 403; Stat. 954; (5 U.S.C. 1071 et seq.); (2) the Annual and Sick Leave Act of 1951, 65 Stat. 672; as amended (5 U.S.C. 2061 et seq.); (3) the Federal Employees' Pay 59 Stat. 295; 58 Act of 1945, as amended (5 U.S.C. 901 et seq.); (4) the Veterans' 64 Stat. 387; Stat. 1098. Preference Act of 1944, as amended (5 U.S.C. 851 et seq.); and (5) the Performance Eating Act of 1950, as amended (5 U.S.C. 2001 et seci.)." Repeal. SEC. 3. The last sentence of section 203(a)(2) of the Act of Sep- Ant9, p. 28. tember 30, 1950, as amended, is repealed. Approved July 21, 1965. Public Law 89-78 AN ACT To amend the Small Business Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.^ That section 4(c) of the Small Business Act (15 U.S.C. 633(c)) is amended—by striking out "$341,000,000" and inserting in lieu thereof "$461,000,000." Approved July 21, 1965.

j ^ j y 21^ 1965 [H. R. 7847]

^e Stat. 220.

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[79 STAT.

Public Law 89-79 July 21, 1965 [H. R. 5306]

Banks. Time deposits. 49 Stat. 715; 76 Stat. 953.

64 Stat. 893; 76 Stat. 953.

AN ACT To continue the authority of domestic banks to pay interest on time deposits of foreign governments at rates differing from those applicable to domestic depositors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sentence of the fourteenth paragraph (12 U.S.C. 37lb) of section 19 of the Federal Reserve Act is amended by changing "the effective date of this sentence and ending upon the expiration of three years after such date," to read "October 15, 1962, and ending on October 15, 1968,". SEC. 2. The last sentence of section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by changing "the effective date of this sentence and ending upon the expiration of three years after such date," to read "October 15, 1962, and ending on October 15, 1968,". Approved July 21, 1965. Public Law 89-80

July 22, 1965 [S. 21]

Water Resources Planning Act.

AN ACT To provide for the optimum development of the Nation's natural resources through the coordinated planning of water and related land resources, through the establishment of a water resources council and river basin commissions, and by providing financial assistance to the States in order to increase State participation in such planning.

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

of the

SHORT TITLE SECTION

1. This Act may be cited as the "Water Resources Planning

Act". STATEMENT OF POLICY

SEC, 2. In order to meet the rapidly expanding demands for water throughout the Nation, it is hereby declared to be the policy of the Congress to encourage the conservation, development, and utilization of water and related land resources of the United States on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprise with the cooperation of all affected Federal agencies, States, local governments, individuals, corporations, business enterprises, and others concerned. EFFECT ON EXISTING LAWS Federal or state jurisdiction.

Federal officials.

SEC. 3. Nothing in this Act shall be construed— (a) to expand or diminish either Federal or State jurisdiction, responsibility, or rights in the field of water resources planning, development, or control; nor to displace, supersede, limit or modify any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States, or of two or more States and the Federal Government; nor to limit the authority of Congress to authorize and fund projects; (b) to change or otherwise affect the authority or responsibility of any Federal official in the discharge of the duties of his office except as required to carry out the provisions of this Act with respect to the preparation and review of comprehensive regional

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or river basin plans and the formulation and evaluation of Federal water and related land resources projects; (c) as superseding, modifying, or repealing existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development of water and related land resources or to exercise licensing or regulatory functions in relation thereto, except as required to carry out the provisions of this Act; nor to affect the jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, the Permanent Engineering Board and the United States Operating Entity or Entities established pursuant to the Columbia Kiver Basin Treaty, signed at Washington, January 17, 1961, or the International Boundary and Water Commission, United States and Mexico; (d) as authorizing any entity established or acting under the provisions hereof to study, plan, or recommend the transfer of waters between areas under the jurisdiction of more than one river basin commission or entity performing the function of a river basin commission.

245

Federal agencies and international commissions.

15 UST 1555. River basin commissions.

TITLE I — W A T E R R E S O U R C E S COUNCIL SEC. 101. There is hereby established a Water Resources Council (hereinafter referred to as the "Council") which shall be composed of the Secretary of the Interior, the Secretary of Agriculture, the Secretary of the Army, the Secretary of Health, Education, and Welfare, and the Chairman of the Federal Power Commission. The Chairman of the Council shall request the heads of other Federal agencies to participate with the Council when matters affecting their responsibilities are considered by the Council. The Chairman of the Council shall be designated by the President. SEC. 102. The Council shall— (a) maintain a continuing study and prepare an assessment biennially, or at such less frequent intervals as the Council may determine, of the adequacy of supplies of water necessary to meet the water requirements in each water resource region in the United States and the national interest therein; and (b) maintain a continuing study of the relation of regional or river basin plans and programs to the requirements of larger regions of the Nation and of the adequacy of administrative and statutory means for the coordination of the water and related land resources policies and programs of the several Federal agencies; it shall appraise the adequacy of existing and proposed policies and programs to meet such requirements; and it shall make recommendations to the President with respect to Federal policies and programs. SEC. 103. The Council shall establish, after such consultation with other interested entities, both Federal and non-Federal, as the Council may find appropriate, and with the approval of the President, principles, standards, and procedures for Federal participants in the preparation of comprehensive regional or river basin plans and for the formulation and evaluation of Federal water and related land resources projects. Such procedures may include provision for Council revision of plans for Federal projects intended to be proposed in any plan or revision thereof being prepared by a river basin planning commission. SEC. 104. Upon receipt of a plan or revision thereof from any river basin commission under the provisions of section 204(3) of this Act, the Council shall review the plan or revision with special regard to— (1) the efficacy of such plan or revision in achieving optimum use of the water and related land resources in the area involved:

Duties.

Federal projects procedures.

Review of plans.

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Report to President and Congre s s.

Administrative provisions.

63 Stat, 954; 78 Stat. 400. 5 USC 1071 note. 60 Stat. 810.

Oaths.

Records, public inspection.

PUBLIC LAW 89-80-JULY 22, 1965

[79 STAT.

(2) the effect of the plan on the achievement of other programs for the development of agricultural, urban, energy, industrial, recreational, fish and wildlife, and other resources of the entire Nation; and (3) the contributions which such plan or revision will make in obtaining the Nation's economic and social goals. Based on such review the Council shall— (a) formulate such recommendations as it deems desirable in the national interest; and (b) transmit its recommendations, together with the plan or revision of the river basin commission and the views, comments, and recommendations with respect to such plan or revision submitted by any Federal agency, Governor, interstate commission, or United States section of an international commission, to the President for his review and transmittal to the Congress with his recommendations in regard to authorization of Federal projects. SEC. 105. (a) For the purpose of carrying out the provisions of this Act, the Council may: (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States; (4) employ and fix the compensation of such personnel as it deems advisable, in accordance with the civil service laws and Classification Act of 1949, as amended; (5) procure services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals; (6) purchase, hire, operate, and maintain passenger motor vehicles; and (7) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this Act. (b) Any member of the Council is authorized to administer oaths when it is determined by a majority of the Council that testimony shall be taken or evidence received under oath. (c) To the extent permitted by law, all appropriate records and papers of the Council may be made available for public inspection during ordinary office hours. (d) Upon request of the Council, the head of any Federal department or agency is authorized (1) to furnish to the Council such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with such Council on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status. (e) The Council shall be responsible for (1) the appointment and supervision of personnel, (2) the assignment of duties and responsibilities among such personnel, and (3) the use and expenditures of funds. TITLE II — R IV E R B A S I N COMMISSIONS CREATION OF COMMISSIONS

SEC. 201. (a) The President is authorized to declare the establishment of a river basin water and related land resources commission upon request therefor by the Council, or request addressed to the Council by a State within which all or part of the basin or basins concerned are located if the request by the Council or by a State (1) defines the area, river basin, or group of related river basins for which a commission is requested, (2) is made in writing by the Governor or

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STAT.]

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in such manner as State law may provide, or by the Council, and (3) is concurred in by the Council and by not less than one-half of the States within which portions of the basin or basins concerned are located and, in the event the Upper Colorado Kiver Basin is involved, by at least three of the four States of Colorado, New Mexico, Utah, and Wyoming or, in the event the Columbia River Basin is involved, by at least three of the four States of Idaho, Montana, Oregon, and Washington. Such concurrences shall be in writing. (b) Each such commission for an area, river basin, or group of river basins shall, to the extent consistent with section 3 of this Act— (1) serve as the principal agency for the coordination of Federal, State, interstate, local and nongovernmental plans for the development of water and related land resources in its area, river basin, or group of river basins; (2) prepare and keep up to date, to the extent practicable, a comprehensive, coordinated, joint plan for Federal, State, interstate, local and nongovernmental development of water and related resources: Provided, That the plan shall include an evaluation of all reasonable alternative means of achieving optimum development of water and related land resources of the basin or basinsj^ and it may be prepared in stages, including recommendations with respect to individual projects; (3) recommend long-range schedules of priorities for the collection and analysis of basic data and for investigation, planning, and construction of projects; and (4) foster and undertake such studies of water and related land resources problems in its area, river basin, or group of river basins as are necessary in the preparation of the plan described in clause (2) of this subsection.

Duties,

MEMBERSHIP OF COMMISSIONS

SEC. 202. Each river basin commission shall be composed of members appointed as follows: (a) A chairman appointed by the President who shall also serve as Federal chaiiv. chairman and coordinating officer of the Federal members of the commission and who shall represent the Federal Government in FederalState relations on the commission and who shall not, during the period of his service on the commission, hold any other position as an officer or employee of the United States, except as a retired officer or retired civilian employee of the Federal Government; Federal ageri(b) One member from each Federal department or independent cies. agency determined by the President to have a substantial interest in the work to be undertaken by the commission, such member to be appointed by the head of such department or independent agency and to serve as the representative of such department or independent agency; (c) One member from each State which lies wholly or partially States. within the area, river basin, or group of river basins for which the commission is established, and the appointment of each such member shall be made in accordance with the laws of the State which he represents. I n the absence of governing provisions of State law, such State members shall be appointed and serve at the pleasure of the Governor; (d) One member appointed by any interstate agency created hj an Interstate agen. interstate compact to which the consent of Congress has been ^iven, and whose jurisdiction extends to the waters of the area, river basin, or group of river basins for which the river basin commission is created; International (e) When deemed appropriate by the President, one member, who Commissions. shall be appointed by the President, from the United States section of any international commission created by a treaty to which the consent of the Senate has been given, and whose jurisdiction extends to the

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[79 STAT.

waters of the area, river basin, or group of river basins for which the river basin commission is established. ORGANIZATION OF COMMISSIONS

Disposition of records.

Vacancies,

Chairmen, final authority.

SEC. 203. (a) Each river basin commission shall organize for the performance of its functions within ninety days after the President shall have declared the establishment of such commission, subject to the availability of funds for carrying on its work. A commission shall terminate upon decision of the Council or agreement of a majority of the States composing the commission. Upon such termination, all property, assets, and records of the commission shall thereafter be turned over to such agencies of the United States and the participating States as shall be appropriate in the circumstances: Provided, That studies, data, and other materials useful in water and related land resources planning to any of the participants shall be kept freely available to all such participants. (b) State members of each commission shall elect a vice chairman, who shall serve also as chairman and coordinating officer of the State members of the commission and who shall represent the State governments in Federal-State relations on the commission. (c) Vacancies in a commission shall not affect its powers but shall be filled in the same manner in which the original appointments were made: Provided, That the chairman and vice chairman may designate alternates to act for them during temporary absences. (d) In the work of the commission every reasonable endeavor shall be made to arrive at a consensus of all members on all issues; but failing this, full opportunity shall be afforded each member for the presentation and report of individual views: Provided, That at any time the commission fails to act by reason 'of absence of consensus, the position of the chairman, acting in behalf of the Federal members, and the vice chairman, acting upon instructions of the State members, shall be set forth in the record: Provided further, That the chairman, in consultation with the vice chairman, shall have the final authority, in the absence of an applicable bylaw adopted by the commission or in the absence of a consensus, to fix the times and places for meetings, to set deadlines for the submission of annual and other reports, to establish subcommittees, and to decide such other procedural questions as may be necessary for the commission to perform its functions. DUTIES OF THE COMMISSIONS

Report to President and Congress.

Joint plan, transmission.

SEC. 204. Each river basin commission shall— (1) engage in such activities and make such studies and investigations as are necessary and desirable in carrying out the policy set forth in section 2 of this Act and in accomplishing the purposes set forth in section 201(b) of this Act; (2) submit to the Council and the Governor of each participating State a report on its work at least once each year. Such report shall be transmitted through the President to the Congress. After such transmission, copies of any such report shall be sent to the heads of such Federal, State, interstate, and international agencies as the President or the Governors of the participating States may direct; (3) submit to the Council for transmission to the President and by him to the Congress, and the Governors and the legislatures of the participating States a comprehensive, coordinated, joint plan, or any major portion thereof or necessary revisions thereof, for

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water and related land resources development in the area, river basin, or group of river basins for which, such commission was established. Before the commission submits such a plan or major portion thereof or revision thereof to the Council, it shall transmit the proposed plan or revision to the head of each Federal department or agency, the Governor of each State, and each interstate agency, from which a member of the commission has been appointed, and to the head of the United States section of any international commission if the plan, portion or revision deals with a boundary water or a river crossing a boundary, or any tributary flowing into such boundary water or river, over which the international commission has jurisdiction or for which it has responsibility. Each such department and agency head. Governor, interstate agency, and United States section of an international commission shall have ninety days from the date of the receipt of the proposed plan, portion, or revision to report its views, comments, and recommendations to the commission. The commission may modify the plan, portion, or revision after considering the reports so submitted. The views, comments, and recommendations submitted by each Federal department or agency head. Governor, interstate agency, and United States section of an international commission shall be transmitted to the Council with the plan, portion, or revision; and (4) submit to the Council at the time of submitting such plan, any recommendations it may have for continuing the functions of the commission and for implementing the plan, including means of keeping the plan up to date. POWERS A N D ADMINISTRATIVE

PROVISIONS OF THE

COMMISSIONS

SEC. 205. (a) For the purpose of carrying out the provisions of this title, each river basin commission may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the United States mails in the same manner and upon the same conditions as departments and agencies of the United States; (4) employ and compensate such personnel as it deems advisable, including consultants, at rates not to exceed $100 per diem, and retain and compensate such professional or technical service firms as it deems advisable on a contract basis; (5) arrange for the services of personnel from any State or the United States, or any subdivision or agency thereof, or any intergovernmental agency; (6) make arrangements, including contracts, with any participating government, except the United States or the District of Columbia, for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for or continuing in another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel; (7) purchase, hire, operate, and maintain passenger motor vehicles; and

49-850 0-66—19

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Records, public inspection.

Personnel,

PUBLIC LAW 89-80-JULY 22, 1965

[79 STAT.

(8) incur sncli necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this Act, (b) The chairman of a river basin commission, or any member of such commission designated by the chairman thereof for the purpose, is authorized to administer oaths when it is determined by a, majority of the commission that testimony shall be taken or evidence received under oath, (c) To the extent permitted by law, all appropriate records and papers of each river basin commission shall be made available for public inspection during ordinary office hours. (d) Upon request of the chairman of any river basin commission, or any member or employee of such commission designated by the chairman thereof for the purpose, the head of any Federal department or agency is authorized (1) to furnish to such commission such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with such commission on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status. (e) The chairman of each river basin commission shall, with the concurrence of the vice chairman, appoint the personnel employed by such commission, and the chairman shall, in accordance with the general policies of such commission with respect to the work to be accomplished by it and the timing thereof, be responsible for (1) the supervision of personnel employed by such commission, (2) the assignment of duties and responsibilities among such personnel, and (3) the use and expenditure of funds available to such commission. COMPENSATIOX OF COMMISSION MEMBERS

Chairmen.

78 Stat. 400. 5 USC 1113. Expenses.

SEC. 206. (a) Any member of a river basin commission appointed pursuant to section 202(b) and (e) of this Act shall receive no additional compensation by virtue of his membership on the commission, but shall continue to receive, from appropriations made for the agency from which he is appointed, the salary of his regular position when engaged in the performance of the duties vested in the commission. (b) Members of a commission, appointed pursuant to section 202 (c) and (d) of this Act, shall each receive such compensation as may be provided by the States or the interstate agency respectively, which they represent. (c) The per annum compensation of the chairman of each river basin commission shall be determined by the President, but when employed on a full-time annual basis shall not exceed the maximum scheduled rate for grade GS-18 of the Classification Act of 1949, as amended; or when engaged in the performance of the commission's duties on an intermittent basis such compensation shall be not more than $100 per day and shall not exceed $12,000 in any year. SEC. 207. (a) Each commission shall recommend what share of its expenses shall be borne by the Federal Government, but such share shall be subject to approval by the Council. The remainder of the commission's expenses shall be otherwise apportioned as the commission may determine. Each commission shall prepare a budget annually and transmit it to the Council and the States. Estimates of pro-

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posed appropriations from the Federal Government shall be included m the budget estimates submitted by the Council under the Budgeting and Accounting Act of 1921, as amended, and may include an amount ^^ ^^^ ^°' for advance to a commission against State appropriations for which delay is anticipated by reason of later legislative sessions. All sums appropriated to or otherwise received by a commission shall be credited to the commission's account in the Treasury of the United States. (b) A commission may accept for any of its purposes and functions appropriations, donations, and grants of money, equipment, supplies, materials, and services from any State or the United States or any subdivision or agency thereof, or intergovernmental agency, and may receive, utilize, and dispose of the same. (c) The commission shall keep accurate accounts of all receipts and Annual audit. disbursements. The accounts shall be audited at least annually in accordance with generally accepted auditing standards by independent certified or licensed public accountants, certified or licensed by a regulatory authority of a State, and the report of the audit shall be included in and become a part of the annual report of the commission. (d) The accounts of the commission shall be open at all reasonable „ Accounts, in. ^ ' „.

.

.

.

p,

.

. ^-,.

.

.,

.

spection.

times tor inspection by representatives oi the jurisdictions and agencies which make appropriations, donations, or grants to the commission. TITLE III — F I N A N C I A L A S S I S T A N C E TO THE STATES F O E COMPREHENSIVE PLANNING GEANT AUTHORIZATIONS SEC. 301. (a) I n recognition of the need for increased participation authMTz^uon'" by the States in water and related land resources planning to be effective, there are hereby authorized to be appropriated to the Council for the next fiscal year beginning after the date of enactment of this Act, and for the nine succeeding fiscal years thereafter, $5,000,000 in each such year for grants to States to assist them in developing and participating in the development of comprehensive water and related land resources plans. (b) The Council, with the approval of the President, shall prescribe such rules, establish such procedures, and make such arrangements and provisions relating to the performance of its functions under this title, and the use of funds available therefor, as may be necessary in order to assure (1) coordination of the program authorized by this title with related Federal planning assistance programs, including t he program authorized under section 701 of the Housing Act of 1954 J^ ^^^' ^^^ and (2) appropriate utilization of other Federal agencies administering programs which may contribute to achieving the purpose of this Act. ALLOTMENTS

SEC. 302. (a) From the sums appropriated pursuant to section 301 for any fiscal year the Council shall from time to time make allotments to the States, in accordance with its regulations, on the basis of (1) the population, (2) the land area, (3) the need for comprehensive water and related land resources planning programs, and (4) the financial need of the respective States. For the purposes of this section the population of the States shall be determined on the basis of the latest estimates available from the Department of Commerce and the land area of the States shall be determined on the basis of the official records of the United States Geological Survey.

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