89th Congress, H. R. 5508 An Act To facilitate the work of the Department of Agriculture, and for other purposes. 79 STAT. 431. 62 Stat. 1070. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwith- Agriculture Destanding the provisions of existing law, except the Commodity Credit partment, adminCorporation Charter Act and without regard to section 355, Revised istration. Statutes, as amended (40 U.S.C. 255), but within the limitations of Erection of cost otherwise applicable, appropriations of the Department of Agri- buildings. culture may be expended for the erection of buildings and other structures on land owned by States, counties, municipalities, or other political subdivisions, corporations, or individuals: Provided, That prior to such erection there is obtained the right to use the land for the estimated life of or need for the structure, including the right to remove any such structure within a reasonable time after the termination of the right to use the land: Provided further, That appropriations and funds available to the Department of Agriculture shall be available for expenses in connection with acquiring the right to use land for such purposes under long-term lease or other agreement. SEC. 2. The Secretary of Agriculture is authorized to make grants, Research grants. for periods not to exceed five years' duration, to State agricultural experiment stations, colleges, universities, and other research institutions and organizations and to Federal and private organizations and individuals for research to further the programs of the Department of Agriculture. Each recipient of assistance under this section shall keep Records. such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grants, the total cost of the project or undertaking in connection with which such funds are given or used, and the amount of that portion of the costs of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. The Secretary of Agriculture and the Comptroller General Audit. of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertínent to the grants received under this section. SEC. 3. The Secretary of Agriculture is authorized to obtain insur- Employee liaance to cover the liability of any employee of the Department of Agri- bility insurculture for damage to or loss of property or personal injury or death ance. caused by the act or omission of any such employee while acting within. the scope of his office or employment and while operating a motor vehicle belonging to the United States in a foreign country. SEC. 4. Section 602 of the Agricultural Act of 1954 (68 Stat. 908) Overseas per is amended by adding at the end thereof the following: sonnel, assign “(e) Any officer or employee appointed and assigned to a post ment to U. S. abroad pursuant to this title may, in the discretion of the Secre- 7 USC 1762. tary of Agriculture, be assigned for duty in the continental United States, without regard to the civil service laws (and without reduction in grade if an appropriate position at the employee's grade is not available in any agency of the Department of Agriculture), for a period of not more than three years: Provided, That the total number of such employees assigned for duty in the continental United States under this provision shall not exceed fifteen at any one time: Provided further, That this Act shall not increase the number of persons employed at grade GS-16, GS-17, or GS-18." 79 STAT. 432. Foreign currencies, release. 68 Stat. 456; 73 Stat.. 606. Employees on loan to states; health benefits. 68 Stat. 736. 5 USC 2091 note. 73 Stat. 708. 5 USC 3001 note. Working capital fund. 57 Stat. 393. SEC. 5. Section 104(a) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), is further amended by inserting, after the word "Provided,", the following: That the Secretary of Agriculture may release such amounts of the foreign currencies so set aside as he determines not to be needed, within a reasonable period of time, for such purpose: Provided further,”. SEC. 6. Section 4 of the Act of August 2, 1956 (ch. 878, 70 Stat. 934; 7 U.S.C. 1884), is hereby amended (1) by striking the word "insurance" and substituting the word "benefits"; (2) by inserting after "Federal Employees' Group Life Insurance Act of 1954" the words "and the Federal Employees Health Benefits Act of 1959,"; and (3) by inserting after "employees' life insurance fund" the words "or the employees' health benefits fund, as the case may be,". SEC. 7. Section 1 of the Act of July 12, 1943 (5 U.S.C. 542-1), is hereby amended by striking out the word "reimbursed" and inserting in lieu therof the words "credited with advances or reimbursements and inserting after the word "Provided," the following: "That such advances shall not be available for any period beyond that provided by the Act appropriating the funds: Provided further,". Transfer of funds. SEC. 8. Subject to limitations applicable with respect to each appropriation concerned, each appropriation available to the Department of Agriculture may be charged, at any time during a fiscal year, for the benefit of any other appropriation available to the Department, for the purpose of financing the procurement of materials and services, or financing activities or other costs, for which funds are available both in the financing appropriation so charged and in the appropriation so benefited; except that such expenses so financed shall be charged on a final basis, as of a date not later than the close of such fiscal year, to the appropriations so benefited, with appropriate credit to the financing appropriation. Repeal. SEC. 9. Section 8f of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 608f), is hereby repealed. Approved August 4, 1965. LEGISLATIVE HISTORY: HOUSE REPORT No. 206 (Comm. on Agriculture). SENATE REPORT No. 506 (Comm. on Agriculture & Forestry). Apr. 5: Considered and passed House. 89th Congress, H. R. 7042 June 29, 1966 An Act To amend section 402 (d) of the Federal Food, Drug, and Cosmetic Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 402 (d) of the Federal Food, Drug, and Cosmetic Act, as amended, is hereby amended to read as follows: 80 STAT. 231 Federal Food, metic Act, "(d) If it is confectionery, and— "(1) has partially or completely imbedded therein any non- 52 Stat. 1046. nutritive object: Provided, That this clause shall not apply in the 21 USC 342. case of any nonnutritive object if, in the judgment of the Secretary as provided by regulations, such object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health; "(2) bears or contains any alcohol other than alcohol not in excess of one-half of 1 per centum by volume derived solely from the use of flavoring extracts; or "(3) bears or contains any nonnutritive substance: Provided, That this clause shall not apply to a safe nonnutritive substance which is in or on confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of any provision of this Act: And provided further, That the Secretary may, for the purpose of avoiding or resolving uncertainty as to the application of this clause, issue regulations allowing or prohibiting the use of particular nonnutritive substances." Approved June 29, 1966. LEG IS LATIVE HISTORY: HOUSE REPORT No. 376 (Comm. on Interstate & Foreign Commerce). Vol. 111 (1965): Vol. 112 (1966): June 7, considered and passed House. June 16, House concurred in Senate amendment. 89th Congress, H. R. 13881 An Act To authorize the Secretary of Agriculture to regulate the transportation. sale, and handling of dogs, cats, and certain other animals intended to be used for purposes of research or experimentation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in order to Dogs, cats, and protect the owners of dogs and cats from theft of such pets, to prevent other animals the sale or use of dogs and cats which have been stolen, and to insure intended for rethat certain animals intended for use in research facilities are provided search or experihumane care and treatment, it is essential to regulate the transporta- mental use. tion, purchase, sale, housing, care, handling, and treatment of such animals by persons or organizations engaged in using them for research or experimental purposes or in transporting, buying, or selling them for such use. SEC. 2. When used in this Act (a) The term "person" includes any individual, partnership, firm, Definitions. joint stock company, corporation, association, trust, estate, or other legal entity; (b) The term "Secretary" means the Secretary of Agriculture; (c) The term "commerce" means commerce between any State, territory, possession, or the District of Columbia, or the Commonwealth of Puerto Rico, and any place outside thereof; or between points within the same State, territory, or possession, or the District of Columbia, or the Commonwealth of Puerto Rico, but through any place outside thereof; or within any territory, possession, or the District of Columbia; (d) The term "dog" means any live dog (Canis familiaris); (e) The term "cat" means any live cat (Felis catus); (f) The term "research facility” means any school, institution, organization, or person that uses or intends to use dogs or cats in research, tests, or experiments, and that (1) purchases or transports dogs or cats in commerce, or (2) receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests, or experiments; (g) The term "dealer” means any person who for compensation or profit delivers for transportation, or transports, except as a common carrier, buys, or sells dogs or cats in commerce for research purposes: 80 STAT, 350, (h) The term "animal" means live dogs, cats, monkeys (nonhuman 80 STAT. 351. primate mammals), guinea pigs, hamsters, and rabbits. SEC. 3. The Secretary shall issue licenses to dealers upon applica- Licenses to tion therefor in such form and manner as he may prescribe and upon dealers. payment of such fee established pursuant to section 23 of this Act: Provided, That no such license shall be issued until the dealer shall have demonstrated that his facilities comply with the standards promulgated by the Secretary pursuant to section 13 of this Act: Provided, however. That any person who derives less than a substantial portion of his income (as determined by the Secretary) from the breeding and raising of dogs or cats on his own premises and sells any such dog or cat to a dealer or research facility shall not be required to obtain a license as a dealer under this Act. The Secretary is further authorized to license, as dealers, persons who do not qualify as dealers within the meaning of this Act upon such persons' complying with the requirements specified above and agreeing, in writing, to comply with all the requirements of this Act and the regulations promulgated by the Secretary hereunder. 1 License requirement. Registration. Purchase restricions. Transactions by Enforcement. Recordkeeping. Identification. Humane standards, promulgation. 80 STAT. 351. 80 STAT. 352. Compliance by SEC. 4. No dealer shall sell or offer to sell or transport or offer for transportation to any research facility any dog or cat, or buy, sell, offer to buy or sell, transport or offer for transportation in commerce to or from another dealer under this Act any dog or cat, unless and until such dealer shall have obtained a license from the Secretary and such license shall not have been suspended or revoked. SEC. 5. No dealer shall sell or otherwise dispose of any dog or cat within a period of five business days after the acquisition of such animal or within such other period as may be specified by the Secretary. SEC. 6. Every research facility shall register with the Secretary in accordance with such rules and regulations as he may prescribe. SEC. 7. It shall be unlawful for any research facility to purchase any dog or cat from any person except a person holding a valid license as a dealer issued by the Secretary pursuant to this Act unless such person is exempted from obtaining such license under section 3 of this Act. SEC. 8. No department, agency, or instrumentality of the United States which uses animals for research or experimentation shall purchase or otherwise acquire any dog or cat for such purposes from any person except a person holding a valid license as a dealer issued by the Secretary pursuant to this Act unless such person is exempted from obtaining such license under section 3 of this Act. SEC. 9. When construing or enforcing the provisions of this Act, the act, omission, or failure of any individual acting for or employed by a research facility or a dealer, or a person licensed as a dealer pursuant to the second sentence of section 3, within the scope of his employment or office, shall be deemed the act, omission, or failure of such research facility, dealer, or other person as well as of such individual. SEC. 10. Research facilities and dealers shall make, and retain for such reasonable period of time as the Secretary may prescribe, such records with respect to the purchase, sale, transportation, identification, and previous ownership of dogs and cats but not monkeys, guinea pigs, hamsters, or rabbits as the Secretary may prescribe, upon forms supplied by the Secretary. Such records shall be made available at all reasonable times for inspection by the Secretary, by any Federal officer or employee designated by the Secretary. SEC. 11. All dogs and cats delivered for transportation, transported, purchased, or sold in commerce by any dealer shall be marked or identified at such time and in such humane manner as the Secretary may prescribe. SEC. 12. The Secretary is authorized to promulgate humane standards and recordkeeping requirements governing the purchase, hanTaling, or sale of dogs or cats by dealers or research facilities at auction sales. SEC. 13. The Secretary shall establish and promulgate standards to govern the humane handling, care, treatment, and transportation of animals by dealers and research facilities. Such standards shall include minimum requirements with respect to the housing, feeding, watering, sanitation, ventilation, shelter from extremes of weather and temperature, separation by species, and adequate veterinary care.. The foregoing shall not be construed as authorizing the Secretary to prescribe standards for the handling, care, or treatment of animals during actual research or experimentation by a research facility as determined by such research facility. SEC. 14. Any department, agency, or instrumentality of the United States having laboratory animal facilities shall comply with the standards promulgated by the Secretary for a research facility under section 13. SEC. 15. (a) The Secretary shall consult and cooperate with other Federal departments, agencies, or instrumentalities concerned with the |