2

1 it was adulterated, misbranded, or in violation before it was 2 released from customs custody, the court may permit the 3 article to be delivered to the owner for exportation in lieu 4 of destruction upon a showing by the owner that all of the 5 conditions of section 801 (d) can and will be met: Provided, 6 however, That the provisions of this sentence shall not apply 7 where condemnation is based upon violation of section 402 8 (a) (1), (2), or (6), section 501 (a) (3), section 502 9 (j), or section 601 (a) or (d): And provided further, 10 That where such exportation is made to the original foreign 11 supplier, then clauses (1) and (2) of section 801 (d) and

12 the foregoing proviso shall not be applicable; and in all

13 cases of exportation the bond shall be conditioned that the

14 article shall not be sold or disposed of until the applicable

conditions of section 801 (d) have been met.”

Passed the House of Representatives August 5, 1957.

Attest:

RALPH R. ROBERTS,

Clerk.

85TH CONGRESS 1ST SESSION

Calendar No. 1017

H. R. 6456

[Report No. 993]

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JULY 8), 1957

Read twice and referred to the Committee on Labor and Public Welfare

Ατατετ 16, 1957

Reported by Mr. HILL, without amendment

AN ACT

To amend section 304 (d) of the Federal Food, Drug, and Cosmetic Act, with respect to the disposition of certain imported articles which have been seized and condemned.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That subsection (d) of section 304 of the Federal Food, 4 Drug, and Cosmetic Act, as amended (21 U. S. C. 334 (d)), 5 is hereby amended by inserting immediately before the 6 last sentence thereof a new sentence as follows: "If the 7 article was imported into the United States and the per8 son seeking its release establishes (1) that the adulteration, 9 misbranding, or violation did not occur after the article was

10 imported, and (2) that he had no cause for believing that

I

2

1 it was adulterated, misbranded, or in violation before it was 2 released from customs custody, the court may permit the 3 article to be delivered to the owner for exportation in lieu 4 of destruction upon a showing by the owner that all of the 5 conditions of section 801 (d) can and will be met: Provided, 6 however, That the provisions of this sentence shall not apply 7 where condemnation is based upon violation of section 402 8 (a) (1), (2), or (6), section 501 (a) (3), section 502

9

(j), or section 601 (a) or (d): And provided further, 10 That where such exportation is made to the original foreign 11 supplier, then clauses (1) and (2) of section 801 (d) and 12 the foregoing proviso shall not be applicable; and in all 13 cases of exportation the bond shall be conditioned that the 14 article shall not be sold or disposed of until the applicable

conditions of section 801 (d) have been met."

Passed the House of Representatives August 5, 1957.

Attest:

RALPH R. ROBERTS,

Clerk.

1957

MESSAGE FROM THE HOUSE

CONGRESSIONAL RECORD

A message from the House of Representatives, by Mr. Maurer, one of its reading clerks, announced that the House had passed the following bills in which it requested the concurrence of the Senate:

H. R. 4609. An act to further amend the act entitled "An act to authorize the conveyance of a portion of the United States milltary reservation at Fort Schuyler, N. Y., to the State of New York for use as a maritime school, and for other purposes," approved September 5, 1950, as amended; and

H. R. 9302. An act making appropriations for mutual security for the fiscal year ending June 30, 1958, and for other purposes.

HOUSE BILLS REFERRED

The following bills were each read twice by their titles and referred as indicated:

H. R. 4609. An act to further amend the act entitled "An act to authorize the conveyance of a portion of the United States military reservation at Fort Schuyler, N. Y., to the State of New York for use as a maritime school, and for other purposes," approved September 5, 1950, as amended; to the Committee on Armed Services.

H. R. 9302. An act making appropriations for mutual security for the fiscal year ending June 30, 1958, and for other purposes; to the Committee on Appropriations.

The VICE PRESIDENT laid before the Senate the following letters, which were referred as indicated:

REPORT ON BEAR RIVER COMPACT

A letter from the representative of the United States Bear River compact negotiations, Salt Lake City, Utah, transmitting, pursuant to law, his report and recommendations relating to the Bear River compact, Idaho, Utah, and Wyoming (with accompanying papers); to the Committee on Interior and Insular Affairs.

PERMISSION FOR ILLUSTRATIONS AND FILMS OF
UNITED STATES AND FOREIGN OBLIGATIONS
AND SECURITIES UNDER CERTAIN CIRCUM-
STANCES

A letter from the Acting Secretary of the
Treasury, transmitting a draft of proposed

legislation to permit illustrations and films
of United States and foreign obligations and
securities under certain circumstances, and
for other purposes (with an accompanying
paper); to the Committee on the Judiciary.
REFUNDS BY VETERANS' ADMINISTRATION OF
CERTAIN AMOUNTS COLLECTED FROM FORMER
SERVICEMEN

A letter from the Administrator, Veterans'
Administration, Washington, D. C., trans-
mitting a draft of proposed legislation to
authorize refunds by the Veterans' Adminis-
tration of amounts collected from former
servicemen by the Government pursuant to
guaranty of life insurance premiums under
the original Soldiers' and Sailors' Civil Relief
Act of 1940 (with an accompanying paper);
to the Committee on the Judiciary.

DISPOSITION OF EXECUTIVE PAPERS

A letter from the Archivist of the United
States, transmitting, pursuant to law, a list
of papers and documents on the files of
several departments and agencies of the Gov-
ernment which are not needed in the con-
duct of business and have no permanent
value or historical interest, and requesting
action looking to their disposition (with
accompanying papers); to a Joint Select
Committee on the Disposition of Papers in
the Executive Departments.

The VICE PRESIDENT appointed Mr.
JOHNSTON of South Carolina and Mr.
CARLSON members of the committee on
the part of the Senate.

PETITIONS AND MEMORIALS
Petitions, etc., were laid before the
Senate, or presented, and referred as
indicated:

By the VICE PRESIDENT:

of North Carolina, Junior Order United
A resolution adopted by the State Council
American Mechanics, at Rocky Mount, N. C.,
favoring the enactment of the joint resolu-
tion (H. J. Res. 107) to exempt clubs and
organizations from filing form 990; to the
Committee on Finance.

A resolution adopted by Local Union 35,
United Brotherhood of Carpenters and Join-
ers of America, San Rafael, Calif., relating to
a ban on nuclear testing throughout the
world; to the Committee on Foreign Rela-

tions.

A resolution adopted by the State Council of North Carolina, Junior Order United American Mechanics, at Rocky Mount, N. C., relating to the admission into the United States of Hungarian refugees; to the Committee on the Judiciary.

14979

REPORTS OF COMMITTEES

The following reports of committees were submitted:

By Mr. MAGNUSON, from the Committee on Interstate and Foreign Commerce, without amendment:

S. 2722. A bill to amend the laws relating to the endorsement of masters on vessel documents and to provide certain additional penalties for failure to exhibit vessel documents or other papers when required by enforcement officers (Rept. No. 990); and

H. J. Res. 370. Joint resolution to extend the time limit for the Secretary of Commerce to sell certain war-built vessels for utilization on essential trade routes 3 and 4 (Rept. No. 991).

By Mr. MAGNUSON, from the Committee on Interstate and Foreign Commerce, with an amendment:

8. 2720. A bill to amend the Fish and Wildlife Act of 1956 in order to increase the authorization for the fisheries loan fund established under such act (Rept. No. 982).

By Mr. BIBLE, from the Committee on the District of Columbia, without amendment: H. R. 7825. An act to exempt from taxation certain property of the B'nai B'rith Henry Monsky Foundation, in the District of Columbia (Rept. No. 984).

By Mr. BIBLE, from the Committee on the District of Columbia, with amendments:

H. R. 8256. An act to amend the District of Columbia Income and Franchise Tax Act of 1947, as amended, to exclude social-security benefits and to provide additional exemptions for age and blindness, and to exempt from personal property taxation in the District of Columbia boats used solely for pleasure purposes, and for other purposes (Rept. No. 985); and

H. Con. Res. 172. Concurrent resolution to establish a Joint Congressional committee to investigate matters pertaining to the growth and expansion of the District of Columbia and its metropolitan area (Rept. No. 983); to the Committee on Rules and Administration. By Mr. CLARK, from the Committee on the District of Columbia, with amendments:

S. 2438. A bill to amend the District of Columbia Business Corporation Act (Rept. No. 986).

By Mr. BEALL, from the Committee on the District of Columbia, without amendment:

H. R. 7467. An act to amend the Act of March 3, 1901, with respect to the citizenship and residence qualifications of the directors or trustees of certain companies in the District of Columbia (Rept. No. 988),

By Mr. HILL, from the Committee on Labor and Public Welfare, without amendment:

H. R.6456. An act to amend section 304

RESOLUTION OF CITY COUNCIL OF (d) of the Federal Food, Drug, and Cos

SOUTH ST. PAUL, MINN.

Mr. HUMPHREY. Mr. President, I have just received a resolution adopted by the City Council of South St. Paul, Minn., expressing their opposition to the Harris-O'Hara natural gas bill.

I present the resolution, for appropriate reference, and ask unanimous consent that it be printed in the RECORD.

There being no objection, the resolution was referred to the Committee on Interstate and Foreign Commerce, and ordered to be printed in the RECORD, as follows:

Moved, That the council go on record as opposed to the passage of the Harris-O'Hara bill regarding the proposed increase in gas rates, and Senators THYE and HUMPHREY and Representative O'HARA be so notified.

metic Act, with respect to the disposition of certain imported articles which have been seized and condemned (Rept. No. 993); and

H. R. 9023. An act to amend the Act of October 31, 1949, to extend until June 30, 1960, the authority of the Surgeon General to make certain payments to Bernalillo County, N. Mex., for furnishing hospital care to certain Indians (Rept. No. 992).

By Mr. HILL, from the Committee on Labor and Public Welfare, with an amendment:

S. 395. A bill to encourage expansion of teaching and research in the education of mentally retarded children through grants to institutions of higher learning and to State educational agencies (Rept. No. 995); and

8. 2254. A bill to eliminate the time limitation or certain grants under section 4 (a) of the Vocational Rehabilitation Act (Rept. No. 994).