Изображения страниц
PDF
EPUB
[merged small][ocr errors][merged small][merged small][merged small][merged small]

To amend sections 401 and 701 (e) of the Federal Food, Drug, and Cosmetic Act so as to simplify the procedures governing the prescribing of regulations under certain provisions of such Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 401 of Federal Food, the Federal Food, Drug, and Cosmetic Act (21 U. S. C., sec. 341) is Drug, and amended by striking out “(a)" where it appears after "SEC. 401.", and subsection (b) of such section is repealed.

SEC. 2. Section 701 (e) of such Act (21 U. S. C., sec. 371 (e)) is amended to read as follows:

filed

Cosmetio Act,

' amendments.

52 Stat. 1046.

354, 364.

"(e) (1) Any action for the issuance, amendment, or repeal of any Regulations. regulation under section 401, 403 (j), 404 (a), 406 (a) or (b), 501 (b), 502 (d) or (h), 504, or 604, of this Act shall be begun by a proposal 21 USC 343, 344, made (A) by the Secretary on his own initiative, or (B) by petition 346, 351, 352, of any interested person, showing reasonable grounds therefor, with the Secretary. The Secretary shall publish such proposal and shall afford all interested persons an opportunity to present their views thereon, orally or in writing. As soon as practicable thereafter, the Secretary shall by order act upon such proposal and shall make such order public. Except as provided in paragraph (2), the order shall become effective at such time as may be specified therein, but not prior to the day following the last day on which objections may be filed under such paragraph.

"(2) On or before the thirtieth day after the date on which an order Hearings. entered under paragraph (1) is made public, any person who will be adversely affected by such order if placed in effect may file objections thereto with the Secretary, specifying with particularity the provisions of the order deemed objectionable, stating the grounds therefor, and requesting a public hearing upon such objections. Until final action upon such objections is taken by the Secretary under paragraph (3), the filing of such objections shall operate to stay the effectiveness

of those provisions of the order to which the objections are made. As Notice in Fedsoon as practicable after the time for filing objections has expired the eral Register. Secretary shall publish a notice in the Federal Register specifying those parts of the order which have been stayed by the filing of objections and, if no objections have been filed, stating that fact.

"(3) As soon as practicable after such request for a public hearing, the Secretary, after due notice, shall hold such a public hearing for the purpose of receiving evidence relevant and material to the issues raised by such objections. At the hearing, any interested person may be heard in person or by representative. As soon as practicable after Issuance of completion of the hearing, the Secretary shall by order act upon such order by objections and make such order public. Such order shall be based Secretary. only on substantial evidence of record at such hearing and shall set forth, as part of the order, detailed findings of fact on which the order is based. The Secretary shall specify in the order the date on which it shall take effect, except that it shall not be made to take effect prior to the ninetieth day after its publication unless the Secretary finds that emergency conditions exist necessitating an earlier effective date, in which event the Secretary shall specify in the order his findings as to such conditions."

Prior hear

SEC. 3. In any case in which, prior to the enactment of this Act, a public hearing has been begun in accordance with section 401 of the ings. Federal Food, Drug, and Cosmetic Act upon a proposal to issue, amend, or repeal any regulation contemplated by such section, or has

All 70. Stat. 920.

been begun in accordance with section 701 (e) of such Act upon a proposal to issue, amend, or repeal any regulation contemplated by section 403 (j), 404 (a), 406 (a) or (b), 501 (b), 502 (d), 502 (h), 504, or 604 of such Act, the provisions of such section 401 or 701 (e), as the case may be, as in force immediately prior to the date of the enactment of this Act, shall be applicable as though this Act had not been enacted.

Approved August 1, 1956.

[blocks in formation]

To provide for further effectuating the Act of May 15, 1862, through the exchange of employees of the United States Department of Agriculture and employees of State political subdivisions or educational institutions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress Agriculture. hereby declares that the objectives of this Act are to aid in the dis- Dissemination semination of useful information on subjects connected with agricul- of information. ture and to provide a means whereby the Government of the United States and the several States may better cooperate in problems arising

as a result of the interrelationships of their work in the field of agriculture.

SEC. 2. For the purposes of this Act, the term "Department" shall Definitions. be deemed to mean United States Department of Agriculture; "Secretary" shall mean Secretary of the United States Department of Agriculture; and "State" shall mean a State, county, city, municipality, land-grant college, or a college or university operated by any State or local government.

SEC. 3. In carrying out this Act, the Secretary is authorized through Interchange cooperative agreements or otherwise to provide for the interchange of employees. of employees of the Department and employees of States. The period of assignment under such an interchange arrangement shall

not exceed two years.

leave rights.

SEC. 4. Employees of the Department participating in an exchange Department of personnel as authorized in section 3 may be considered during such employees. participation to be (1) on detail to a regular work assignment of the Salary and Department, or (2) in a status of leave-of-absence from their positions in the Department. Employees who are considered to be detailed shall be entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employees of the Department for all other purposes except that the supervision of their duties during the period of detail may be governed by agreement between the Department and the State involved. Employees who are in a leaveof-absence status as provided herein shall be carried on leave without pay: Provided, That they may be granted annual leave to the extent authorized by law and may be granted authorized sick leave only in circumstances considered by the Secretary to justify approval of such leave. Except as otherwise provided in this Act, such employees shall have the same rights, benefits, and obligations as employees generally who are in such leave status but notwithstanding any other provision of law such employees shall be entitled to credit the period of such assignment (1) toward periodic and longevity step-increases, and (2) upon payment into the retirement fund of the percentage of their State salary which would have been deducted from a like Federal salary for the period of such assignment, to credit such period as service within the meaning of the Civil Service Retirement Act; and 46 Stat. 468. they shall also be entitled to continuation of their insurance under 5 USC 691 notes. the Federal Employee's Group Life Insurance Act of 1954, so long as the Department continues to collect the employee's contribution from 5 USC 2091 note. the employee and to transmit for timely deposit into the employees' life insurance fund the amount of the employee's contribution, and the Government's contribution from Department appropriations. Any employee who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising out of and in the course of an exchange, or sustained in the performance of duties in connection therewith shall be treated, for the purposes of the Federal Employees' Compensation Act, as

68 Stat.736.

All 70 Stat. 935.

63 Stat. 860. amended (5 U. S. C., sec. 790), as though he were an employee, as defined in such Act, who had sustained such injury in the performance of such duty, but shall not receive benefits under that Act for any period for which he elects to receive similar benefits from a State agency.

Travel expenses.

State employees.

63 Stat. 954. 5 USC 1071 note.

62 Stat. 697, 703, 790.

63 Stat. 860.

Travel expenses.

SEC. 5. Appropriations of the Department shall be available, in accordance with Standardized Government Travel Regulations, as amended, for the expenses of travel of employees assigned to States on either a detail or leave basis, expenses of transportation of their immediate families and expenses of transportation of their household goods and personal effects to the location of the posts of assignment and for such expenses for the return of employees to their official stations, but shall not be available for expenses of travel of the employees during such period of assignment.

SEC. 6. Employees of States who are assigned to the Department under authority of this Act may (1) be given appointments in the Department covering the periods of such assignments, or (2) be considered to be on detail to the Department. Appointments of persons so assigned may be made without regard to the civil-service laws or regulations. Persons given appointment in the Department shall be paid at rates of compensation in accordance with the Classification Act of 1949, as amended. State employees who are assigned to the Department without appointment shall not be considered to be employees of the Department, except as provided in section 7, nor shall they be paid a salary or wage by the Department during the period of their detail. The supervision of the duties of such employees during the assignment may be governed by agreement between the Department and the State involved.

SEC. 7. (a) Any State employee who is assigned to the Department without appointment shall nevertheless be subject to the provisions of sections 281, 283, 284, 434, 1902, 1905, and 1914 of title 18 of the United States Code and section 99, title 5, of the United States Code.

(b) Any State employee who is given an appointment while assigned to the Department or who is assigned to the Department without appointment and who suffers disability or death as a result of personal injury arising out of and in the course of such assignment, or sustained in the performance of duties in connection therewith shall be treated, for the purpose of the Federal Employees' Compensation Act, as amended (5 U. S. C., sec. 790), as though he were an employee, as defined in such Act, who had sustained such injury in the performance of such duty, but shall not receive benefits under that Act for any period for which he elects to receive similar benefits as a State employee.

SEC. 8. The appropriations of the Department shall be available in accordance with the Standardized Government Travel Regulations, as amended, for the payment of expenses of travel of persons assigned to, but not given appointments by, the Department under authority of this Act during the periods of such assignments on the same basis as if they were employees of the Department.

Approved August 2, 1956.

84th Congress Chapter 950 - 2d Session

H. R. 11682

AN ACT

To facilitate the control and eradication of certain animal diseases, to facilitate the carrying out of agricultural and related programs, to facilitate the agricultural attaché program, to facilitate the operations of the Farmers' Home Administration, the Federal Crop Insurance Corporation, and the Forest Service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Department of be cited as the "Department of Agriculture Organic Act of 1956".

Agriculture

SEC. 2. Section 11 of the Act of May 29, 1884, as added by the act of Organic Act September 21, 1944 (21 U. S. C. 114a), and as amended, is hereby of 1956. further amended to read as follows:

58 Stat. 734.

"SEC. 11. The Secretary of Agriculture, either independently or in control and cooperation with States or political subdivisions thereof, farmers' eradication associations and similar organizations, and individuals, is authorized of diseases. to control and eradicate tuberculosis and paratuberculosis of animals, avian tuberculosis, brucellosis of domestic animals, southern cattle ticks, hog cholera and related swine diseases, scabies in sheep and cattle, dourine in horses, scrapie and blue tongue in sheep, incipient or potentially serious minor outbreaks of diseases of animals, and contagious or infectious diseases of animals (such as foot-and-mouth disease, rinderpest, and contagious pleuropneumonia) which in the opinion of the Secretary constitute an emergency and threaten the livestock industry of the country, including the payment of claims.

growing out of destruction of animals (including poultry), and of 70 Stat. 1032. materials, affected by or exposed to any such disease, in accordance 70 Stat. 1033. with such regulations as the Secretary may prescribe. As used in this section, the term 'State' includes the District of Columbia, Puerto Rico, and the Territories and possessions of the United States."

SEC. 3. Section 2 of the Act of February 28, 1947 (21 U. S. C. 114c) is hereby amended by inserting, immediately following the 61 Stat. 7. word "Act" where it first appears therein the following: "and section 11 of the Act of May 29, 1884, as added by the Act of September 21, 1944, insofar as said Act relates to diseases which in the opinion of the Secretary constitute an emergency and threaten the livestock industry of the country".

SEC. 4. Funds available for carrying out the activities of the De- Funds for expartment of Agriculture shall be available for expenses of advisory penses. committees, including travel expenses in accordance with the provi- 60 Stat. 808. sions of section 5 of the Administrative Expenses Act of 1946, as 5 USC 73b-2. amended.

SEC. 5. The Department of Agriculture is authorized to furnish Emergency subsubsistence to employees without consideration as, or deduction from, sistence. the compensation of such employees where warranted by emergency condition connected with the work under such regulations as the Secretary of Agriculture may prescribe.

SEC. 6. (a) Section 14 of the Soil Conservation and Domestic Allotment Act (as added by the Act of February 29, 1936 (16 U. S. C.

590n)), is amended by adding at the end thereof the following: 49 Stat. 1151. "Payments to claimants under sections 7 to 17, inclusive, of this Act 16 USC 590g may be made upon the certificate of the claimant, which certificate et seg. shall be in such form as the Secretary of Agriculture may prescribe, that he has carried out the conservation practice or practices and has complied with all other requirements as conditions for such payments and that the statements and information contained in the application for payment are correct and true, to the best of his knowl

edge and belief, under the penalties of title 18, United States Code." 62 Stat. 683.

« ПредыдущаяПродолжить »