84 STAT, 1673 Compensation and travel expenses. 80 Stat. 499; 83 Stat. 190. 74 Stat. 374; 80 Stat. 1303. Ante, P. 1670. "Misbranded hazardous substance." 73 Stat. 287. (b) Members of the technical advisory committee who are not regular full-time employees of the United States shall, while attending meetings of such committee, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including traveltime, 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 section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. SEC. 7. (a) Section 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 1261 (p)) is amended (1) by striking out "which substance" in the part preceding paragraph (1) and inserting in lieu thereof "if the packaging or labeling of such substance is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970 or if such substance"; and (2) by adding the following after and below paragraph (2): "The term 'misbranded hazardous substance' also includes a household substance as defined in section 2(2) (D) of the Poison Prevention Packaging Act of 1970 if it is a substance described in paragraph 1 of section 2(f) of this Act and its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970.". (b) Section 2z(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 (z) (2)) is amended by striking out the period at the end of paragraph (h) of such section and inserting in lieu thereof "; or" and by adding at the end thereof a new paragraph as follows: "(i) if its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970." (c) Section 403 of the Federal Food, Drug, and Cosmetic Act (21 52 Stat. 1047; U.S.C. 343) is amended by adding at the end thereof a new paragraph as follows: 74 Stat. 398. 52 Stat. 1050; 76 Stat. 795. 65 Stat. 649. "(n) If its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970." (d) Section 502 of the Federal Food, Drug, and Cosmetic Act (21 Ú.S.C. 352) is amended by adding at the end thereof a new paragraph as follows: "(p) If it is a drug and its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970." (e) Section 503 (b) (2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353 (b)(2)) is amended by striking out "and (h)” and inserting in lieu thereof ", (h), and (p)". (f) Section 602 of the Federal Food, Drug, and Cosmetic Act (21 52 Stat. 1054; U.S.C. 362) is amended by adding at the end thereof a new paragraph as follows: 74 Stat. 398. Federal preemption. "(f) If its packaging or labeling is in violation of an applicable regulation issued pursuant to section 3 or 4 of the Poison Prevention Packaging Act of 1970." SEC. 8. Whenever a standard established by the Secretary under this Act applicable to a household substance is in effect, no State or political subdivision thereof shall have any authority either to establish or continue in effect, with respect to such household substance, any standard for special packaging (and any exemption therefrom and requirement related thereto) which is not identical to the standard established under section 3 (and any exemption therefrom and requirement related thereto) of this Act. 84 STAT. 1674 SEO. 9. This Act shall take effect on the date of its enactment. Each Effective date. regulation establishing a special packaging standard shall specify the Publication date such standard is to take effect which date shall not be sooner than in Federal one hundred and eighty days or later than one year from the date such Register. regulation is final, unless the Secretary, for good cause found, determines that an earlier effective date is in the public interest and publishes in the Federal Register his reason for such finding, in which case such earlier date shall apply. No such standard shall be effective as to household substances subject to this Act packaged prior to the effective date of such final regulation. Approved December 30, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1642 (Comm. on Interstate and Foreign Commerce) SENATE REPORT No. 91-845 (Comm. on Commeroe). May 11, considered and passed Senate. Deo. 7, considered and passed House, amended. Deo. 16, Senate and House agreed to conference report. 91st Congress, H. R. 19953 An Act To authorize the Secretary of Transportation to provide financial assistance to certain railroads in order to preserve essential rail services, and for other purposes. 84 STAT. 1975 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Emergency Rail be cited as the "Emergency Rail Services Act of 1970”. DEFINITIONS SEC. 2. For the purposes of this Act (1) "Secretary" means the Secretary of Transportation. (2) "Commission" means the Interstate Commerce Commission. (3) “Railroad" means any common carrier by railroad subject to part I of the Interstate Commerce Act (49 U.S.C. 1-27). (4) "Certificate" means certificates issued by trustees of a railroad pursuant to subsection 77 (c) (3) of the Bankruptcy Act, as amended (11 U.S.C. 205 (c) (3)). FINANCIAL ASSISTANCE SEC. 3. (a) The trustees of any railroad undergoing reorganization under section 77 of the Bankruptcy Act, as amended (11 U.S.C. 205), upon approval of the court, may apply to the Secretary for the guarantee of certificates. The Secretary, after consultation with the Commission, is authorized to guarantee such certificates upon findings in writing that (1) cessation of essential transportation services by the railroad would endanger the public welfare; (2) cessation of such services is imminent; (3) there is no other practicable means of obtaining funds to meet payroll and other expenses necessary to provide such services than the issuance of such certificates; (4) such certificates cannot be sold without a guarantee; (5) the railroad can reasonably be expected to become selfsustaining; and (6) the probable value of the assets of the railroad in the event of liquidation provides reasonable protection to the United States. The Secretary shall publish notice of his intention to make such finding in the Federal Register not less than fifteen days prior to such finding, give interested persons, including agencies of the Federal Government, an opportunity to submit written data, views, or arguments (with or without opportunity for oral presentation), and give consideration to the relevant matter presented. The Secretary for good cause shown and upon a finding that extraordinary circumstances warrant doing so may waive the requirements of the preceding sentence. (b) As a condition to a guarantee, the Secretary, after consultation with the Commission, shall require that: (1) the proceeds of the sale of certificates guaranteed under this Act will be used solely for meeting payroll and other expenses which, if not met, would preclude continued provision of essential transportation services by the railroad; (2) other revenues of the railroad will be used, to the fullest extent possible, for such expenses; Services Act of 1970. 24 Stat. 379. 65 Stat. 606. Publication in Conditions. 84 STAT. 1976 49 Stat. 905. 49 USC 5. 30 Stat. 544. 11 USC 1. 47 Stat. 1480. 11 USC 205. Interest rate. Limitation. (3) proceeds from the sale of assets will be devoted to the fullest extent possible to the provision of essential transportation services by the railroad; and (4) in the event of actual or threatened cessation of essential transportation services by the railroad, the Secretary shall have the option to procure by purchase or lease trackage rights over the lines of the railroad and such equipment as may be necessary to provide such services by the Secretary or his assignee, and, in the event of a default in the payment of principal or interest as provided by the certificates, the money paid or expenses incurred by the United States as a result thereof shall be deemed to have been applied to the purchase or lease price. The terms of purchase or lease shall be subject to the approval of the reorganization court and the operation over the lines shall be subject to the approval of the Commission pursuant to the provisions of section 5 of the Interstate Commerce Act, but in no event shall the rendition of services by the Secretary or his assignee await the outcome of proceedings before the reorganization court or the Commission. (c) The Secretary shall not guarantee any certificate unless the certificate is treated as an expense of administration and receive the highest lien on the railroad's property and priority in payment under the Bankruptcy Act. The rights referred to in the last sentence of section 77 (j) of the Bankruptcy Act shall in no way be affected by this Act. (d) A certificate under this Act shall bear interest at such per annum rate as the Secretary deems reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the Federal Government; nor may its maturity date, including all extensions and renewals thereof, be later than fifteen years from the date of original issuance. The Secretary may prescribe such other terms and conditions as he deems appropriate. In each case, the Secretary shall consider the feasibility of requiring the railroad to dispose of nonrailroad assets as a condition to a guarantee. (e) At any one time the outstanding aggregate principal amount of all certificates guaranteed under this Act shall not exceed $125,000,000. (f) The Secretary shall issue such rules and regulations as are appropriate to carry out the authority granted by this Act. ACCESS TO CARRY RECORDS SEC. 4. The Secretary is authorized to, and shall as necessary, inspect and copy all accounts, books, records, memorandums, correspondence, and other documents of any railroad which has received financial assistance under this Act concerning any matter which may bear upon (1) the ability of such railroad to repay the loan within the time fixed therefor, (2) the interest of the United States in the property of such railroad, and (3) to insure that the purpose of this Act is being carried out. AUTHORIZATION TO ISSUE OBLIGATIONS SEC. 5. (a) To enable the Secretary to carry out his rights and responsibilities under section 3 of this Act, he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary 84 STAT. 1977 of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as amended, and the purposes for which securities 40 Stat. 288. may be issued under that Act, as amended, are extended to include 31 USC 774. any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States. There are authorized to be appropriated to the Secretary Appropriation. such sums as may be necessary to pay the principal and interest on the notes or obligations issued by him to the Secretary of the Treasury. (b) Any guarantee made by the Secretary under this Act shall not be terminated, canceled, or otherwise revoked, except as provided by the terms and conditions prescribed by the Secretary under section 3(d) of this Act; shall be conclusive evidence that such guarantee complies fully with the provisions of this Act, and of the approval and legality of the principal amount, interest rate, and all other terms of the certificates and the guarantee; and shall be valid and incontestable in the hands of a holder of a guaranteed certificate except for fraud or material misrepresentation on the part of such holder. (c) The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States by reason of its having paid money or incurred expenses as a result of making such guarantees. ASSISTANCE OF DEPARTMENTS AND OTHER AGENCIES SEC. 6. (a) In carrying out the provisions of this Act the Secretary may use available services and facilities of other departments, agencies, and instrumentalities of the Federal Government with their consent and on a reimbursable basis, and shall consult with the Interstate Commerce Commission in carrying out the provisions of this Act. (b) Departments, agencies, and instrumentalities of the Federal Government shall exercise their powers, duties, and functions in such manner as will assist in carrying out the provisions of this Act. COURT SUPERVISION SEC. 7. In addition to other duties prescribed by section 77 of the Bankruptcy Act, the court shall maintain supervision of the expenditure of funds obtained pursuant to section 3 for the purpose of assuring that such funds are used solely for purposes set forth in subsection (b) of such section, shall make periodic findings regarding such expenditures, and shall report those findings to the Secretary. AUDIT SEC. 8. The Comptroller General of the United States, or any of his duly authorized representatives, shall have access to such information, books, records, and documents as he determines necessary effectively to audit financial transactions and operations carried out by the Secretary in the administration of this Act. The Comptroller General shall make such reports to the Congress on the results of any such audits as are appropriate. 47 Stat. 1474. 11 USC 205. Report to |