text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/739

 PUBLIC LAW 95-524—OCT. 27, 1978 similar matters which otherwise would be applicable to the mamier in which regulations prescribed by the Secretary may take effect, to the extent the Secretary deems such waiver necessary to carry out the provisions of subsection (b) and subsection (c). (e) If the Secretary determines that he cannot carry out the provisions of subsection (b) and subsection (c), other than those provisions which require any amendment to comprehensive employment and training plans, at the end of the 90-day period specified in subsection (c)(1), the Secretary shall furnish notice of such determination to the Committee on Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives. Such notice shall include the reasons for such determination. (f) The National Commission for Manpower Policy, as in existence on the day before the date of the enactment of this Act, shall continue in existence until the members of the National Commission for Employment Policy are appointed in accordance with the provisions of title V of the Comprehensive Employment and Training Act.

92 STAT. 2019

Notice to congressional committees.

REPORTS

SEC. 5. (a) Not later than February 1, 1979, the Secretary shall, after consultation with appropriate State and local officials and other interested parties, submit to the Congress a report containing recommendations and suggested legislation with respect to any necessary improvements in the Wagner-Peyser Act (29 U.S.C. 49), including such legislation as may be necessary to assure coordination between such Act and the Comprehensive Employment and Training Act. (b) The Secretary shall develop methods to ascertain, and shall ascertain annually, energy development and conservation employment impact data by type and scale of energy technologies used. The Secretary shall present the best available data to the Secretary of Energy, the Secretary of Housing and Urban Development, and the Director of the Office of Management and Budget as part of the budgetary process and to the appropriate Committees of Congress annually. (c)(1) On or before March 1, 1979, the Joint Economic Committee shall report to Congress on the ability of targeted structural employment and training programs to achieve and sustain (A) a decrease in unemployment rates among those segments of the labor force having special difficulties in obtaining employment and (B) a decrease in the national unemployment rate without exacerbating inflation and shall make such recommendations, as the Committee deems appropriate, for improving the ability of targeted structural employment and training programs to achieve such goals. The Joint Economic Committee shall, to the extent feasible, consult with appropriate Federal agencies, the Human Resources Committee of the Senate and the Committee on Education and Labor of the House of Representatives, the Congressional Budget Office, the National Commission for Employment and Training Policy, the Board of Governors of the Federal Reserve, and other appropriate individuals, both public and private, and obtain their assistance in preparing the report. (2) The Joint Economic Committee, as part of the report to the Congress required under paragraph (1), is requested to include, with recommendations, if any, an analysis of the subject of incentive grants, or other assistance permissible under this Act, to private employers in reducing unemployment rates among individuals eligible for assistance under this Act, through national priority projects, including, but not limited to better housing, health care, agriculture, and transportation.

29 USC 829 note.

29 USC 801 note. 29 USC 829a.

29 USC 829 note.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/740

 92 STAT. 2020 29 USC 829 note.

PUBLIC LAW 95-524—OCT. 27, 1978 (d) The Secretary shall develop information relating to the number of individuals who have attained 16 years of age and who are members of a family with an income which is equal to or less than 70 percent, 85 percent, and 100 percent of the lower living standard income level for the jurisdiction of each prime sponsor. The Secretary shall prepare and submit as part of the annual report submitted on March 1, 1980, under section 127(a) to the President and to the Congress a report on the information required by this subsection. ASSISTANCE TO PLANT, AREA, AND INDUSTRYWIDE LABOR MANAGEMENT COMMITTEES

Labor Management Cooperation Act of 1978. 29 USC 175a note.

29 USC 173.

29 USC 175a.

Grants and contracts.

SEC. 6. (a) This section may be cited as the "Labor Management Cooperation Act of 1978". (b) I t is the purpose of this section— (1) to improve communication between representatives of labor and management; (2) to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness; (3) to assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process; (4) to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the plant, area or industry; (5) to enhance the involvement of workers in making decisions that affect their working lives; (6) to expand and improve working relationships between workers and managers; and (7) to encourage free collective bargaining by establishing continuing mechanisms for communication between employers and their employees through Federal assistance to the formation and operation of labor management committees. (c)(1) Section 203 of the Labor-Management Relations Act, 1947, is amended by adding at the end thereof the following new subsection: "(e) The Service is authorized and directed to encourage and support the establishment and operation of joint labor management activities conducted by plant, area, and industrywide committees designed to improve labor management relationships, job security and organizational effectiveness, in accordance with the provisions of section 205A.". (2) Title II of the Labor-Management Relations Act, 1947, is amended by adding after section 205 the following new section: "SEC. 205A. (a)(1) The Service is authorized and directed to provide assistance in the establishment and operation of plant, area and industrywide labor management committees which— "(A) have been organized jointly by employers and labor organizations representing employees in that plant, area, or industry; and "(B) are established for the purpose of improving labor management relationships, job security, organizational effectiveness, enhancing economic development or involving workers in decisions affecting their jobs including improving communication with respect to subjects of mutual interest and concern. "(2) The Service is authorized and directed to enter into contracts and to make grants, where necessary or appropriate, to fulfill its responsibilities under this section.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/741

 PUBLIC LAW 95-524—OCT. 27, 1978

92 STAT. 2021

"(b)(1) No grant may be made, no contract may be entered into and no other assistance may be provided under the provisions of this section to a plant labor management committee unless the employees in that plant are represented by a labor organization and there is in effect at that plant a collective bargaining agreement. "(2) No grant may be made, no contract may be entered into and no other assistance may be provided under the provisions of this section to an area or industrywide labor management committee unless its participants include any labor organizations certified or recognized as the representative of the employees of an employer participating in such committee. Nothing in this clause shall prohibit participation in an area or industrywide committee by an employer whose employees are not represented by a labor organization. "(3) No grant may be made under the provisions of this section to any labor management committee which the Service finds to have as one of its purposes the discouragement of the exercise of rights contained in section 7 of the National Labor Relations Act (29 U.S.C. 157), or the interference with collective bargaining in any plant, or industry. "(c) The Service shall carry out the provisions of this section through an office established for that purpose. "(d) There are authorized to be appropriated to carry out the pro- Appropriation visions of this section $10,000,000 for the fiscal year 1979, and such authorization, sums as may be necessary thereafter.". (d) Section 302(c) of the Labor Management Relations Act, 1947, 29 USC 186. is amended by striking the word "or" after the semicolon at the end of subparagraph (7) thereof and by inserting the following before the period at the end thereof: "; or (9) with respect to money or other things of value paid by an employer to a plant, area or industrywide labor management committee established for one or more of the purposes set forth in section 5(b) of the Labor Management Cooperation Act of 1978 ".

,

,

Ante, p. 2020.

(e) Nothing in this section or the amendments made by this section 29 USC 175a shall affect the terms and conditions of any collective bargaining note, agreement whether in effect prior to or entered into after the date of enactment of this section. REPEALER

SEC. 7. Section 104 of the Emergency Jobs and Unemployment Assistance Act of 1974 (Public Law 93-567) is hereby repealed. 38 USC 2002 Approved October 27, 1978. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1124 accompanying H.R. 12452 (Comm. on Education and Labor) and No. 95-1765 (Comm. of Conference). SENATE REPORTS: No. 95-891 (Comm. on Human Resources) and No. 95-1325 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 9, H.R. 12452 considered in House. Aug. 22, 25, S. 2570 considered and passed Senate. Sept. 22, H.R. 12452 considered and passed House; passage vacated and S. 2570, amended, passed in lieu. Oct. 13, Senate agreed to conference report. Oct. 15, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 43: Oct 27, Presidential statement.

note.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/742

 92 STAT. 2022

PUBLIC LAW 95-525—OCT. 27, 1978

Public Law 95-525 95th Congress An Act Oct. 27, 1978 [H.R. 7296]

Charles A. Lindbergh Federal Building, N.Y. Designation.

To designate the new Termina] Radar Approach Control Federal Building in Hempstead, Long Island, New York, as the "Charles A. Lindbergh Federal Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the new Terminal Radar Approach Control Federal Building on Steward Avenue, Hempstead, Long Island, New York, shall hereafter be known as the Charles A. Lindbergh Federal Building. Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Charles A. Lindbergh Federal Building. Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1465 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. , Oct. 15, considered and passed Senate. • "^^ ^.,..

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/743

 PUBLIC LAW 95-526—OCT. 27, 1978

92 STAT. 2023

Public Law 95-526 95th Congress An Act To amend the District, of Columbia Self-Government and Governmental Reorganization Act to repeal the authority of the President to sustain vetoes by the Mayor of the District of Columbia of acts passed by the Council of the District of Columbia and repassed by two-thirds of the Council, to change the period during vv'hich acts of the Council of the District of Columbia are subject to congressional review, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the District of Columbia Self-Government and Governmental Reorganization Act is amended as follows: (1) Subsection (e) of section 404 is amended— (A) in the fourth sentence, by striking out the period and inserting in lieu thereof "unless the Council by a recess of 10 days or more prevents its return, in which case it shall not become law."; and (B) by striking out "be transmitted by the C h a i r m a n " in the fifth sentence and all that follows in such subsection and inserting in lieu thereof "become law subject to the provisions of section 602(c).". (2) Section 602(c)(1) is amended— (A) in the first sentence— (i) by striking out " ( and with respect to which the President has not sustained the Mayor's v e to) "; (ii) by striking out "and every" and inserting in lieu thereof "each"; and (iii) by striking out the period and inserting in lieu thereof ", and each initiated act and act subject to referendum which has been ratified by a majority of the registered qualified electors voting on the initiative or referendum."; and (B) in the second sentence, by striking out "either House is not in session" and inserting in lieu thereof "neither House is in session because of an adjournment sine die, a recess of more than 3 days, or an adjournment of more than 3 days". (3) Amendment No. 1 (relating to initiative and referendum) to title TV (the District Charter) is amended-— (A) by striking out sections 5 and 6 and inserting in lieu thereof the following: " SEC. 5. If a majority of the registered qualified electors voting in a referendum approve an act or adopt legislation by initiative, then the adopted initiative or the act approved by referendum shall be an act of the Council upon the certification of the vote on such initiative or act by the District of Columbia Board of Elections and Ethics, and such act shall become law subject to the provisions of section 6 0 2 (c). "; and (B) by redesignating sections 7 and 8 as sections 6 and 7, respectively. (4) Section 412(a) is amended by inserting " ( other than an act to which section 446 a p p l i e s) " in the third sentence after "Each proposed act".

Oct. 27, 1978 [H.R. 12116]

District of Columbia SelfGovernment and Governmental Reorganization Act, amendment. D.C. Code note prec. title 1. D.C. Code 1-144.

D.C. Code 1-147.

D.C. Code 1-141.

Supra.

D.C. Code 1-146.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/744

 92 STAT. 2024 Effective dates.

Ante, p. 2023.

PUBLIC LAW 95-526—OCT. 27, 1978 SEC. 2. (a) Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act. (b)(1) The amendment made by subparagraph (A) of paragraph (1) of the first section of this Act shall apply with respect to acts of the Council of the District of Columbia presented to the Mayor of the District of Columbia after the date of the enactment of this Act. (2) The amendment made by subparagraph (B) of paragraph (2) of the first section of this Act shall apply with respect to acts of the Council of the District of Columbia transmitted by the Chairman of the Council to the Speaker of the House of Representatives and the President of the Senate under section 602(c) of the District of Columbia Self-Government and Governmental Reorganization Act after the date of the enactment of this Act. Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1104 (Comm. on the District of Columbia). SENATE REPORT No. 95-1291 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 12, considered and passed House. Oct. 12, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/745

 PUBLIC LAW 95-527—OCT. 27, 1978

92 STAT. 2025

Public Law 95-527 95th Congress An Act To designate a certain Federal building in Champaign, Illinois, the "William L. Springer Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Federal building located at 202 West Church Street in Champaign, lUinois, is hereby designated as the "William L. Springer Building". Any reference in any law, regulation, document, record, map, or other paper of the United States to such building shall be considered to be a reference to the William L. Springer Building. (b) This Act shall become effective on April 12, 1979. Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1466 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. Oct. 13, considered and passed Senate, amended. Oct. 14, House concurred in Senate amendments.

Oct. 27, 197{}_ [H.R. 7305]

William L. ^^^P"^ ^""°*°g'. "• ^^signation.

�


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/243

 Rh to wait, but he would not hear of it. After they had started, the second brother kept looking back as they proceeded, hoping to see his little brother coming after them; but he still slept by the fire and made no effort to follow them. And now suddenly there arose a great flood, and the waters spread rapidly over the land. The two brothers made for some rising ground close by, the second one looking anxiously back from time to time in the direction of their late camp. "Our brother will surely be drowned. Let us hasten back and wake him," said he; but as he spoke they both saw from the higher ground that the waters were raging and roaring along the path by which they had just come, and that a return to the camp was now impossible. As they stood watching the rising waters, they were surprised to see the smoke still ascending from the camp fire and the outlines of their brother's form lying peacefully by its side. Wondering how this could be, as the camp lay in the valley by the side of the lake, they perceived that a strange and wonderful thing had happened. They saw that the water, instead of burying the fire and their brother several feet beneath it, surrounded the spot like a circular wall standing straight up over their brother's sleeping form and the fire, and wetting neither. As they watched the strange sight, they saw the waters subside as suddenly as they arose and retire to the lake again. Immediately following this, the little brother awoke, and seeing his brother's trail took it and soon caught them up. From that time onward, the "medicine" of the youngest brother was acknowledged and reverenced by the other two, who ever afterwards did what he bade them and regarded him as their leader.

From this place they travelled on, till they came to a small village, where there lived only one man and his wife. As they neared the place, they observed the man sitting on the roof of his keekwilee house, crying and lamenting as he sharpened a knife which he held in his hand. "Why do you cry so bitterly, old man, and why are you sharpening that knife?" asked the youngest. The man made no reply, only wept and sobbed the more. The boy repeated his question, and then the old man answered: "I


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/746

 9? STAT. 2026

PUBLIC LAW 95-528—OCT. 27, 1978

Public Law 95-528 95th Congress

Tl? f &, An Act

Oct. 27, 1978 riT p

To designate the "Omar Burleson Federal Building".

1 OOAQ1

B& it enacted by the Senate and House of Representatives of the Omar Burleson United States of America in Congress assembled, That the United Federal Building, States post office and courthouse located at 341 Pine Street in Abilene, ^\ . Texas, is hereby designated as the "Omar Burleson Federal Building". Resignation. j ^ ^ ^ reference m any law, regulation, document, record, map, or other paper of the United States to such building shall be considered to be a reference to the Omar Burleson Federal Building. Effective date. SEC. 2. This Act shall take effect on January 4, 1979. Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1514 (Coram, on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 18, considered and passed House. Oct. 15, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/747

 PUBLIC LAW 95-529—OCT. 27, 1978

92 STAT. 2027

Public Law 95-529 95th Congress An Act To designate the "George Mahoii Federal Building".

Be it etuicted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal building, United States post office and courthouse located in Midland, Texas, is hereby designated as the "George Mahon Federal Building". Any reference in any law, regulation, document, record, map, or other paper of the United States to such building shall be considered to be a reference to the George Mahon Federal Building, SEC. 2. This Act shall take effect on January 4, 1979. Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1515 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, VoL 124 (1978): Sept. 18, considered and passed House. Oct. 15, considered and passed Senate.

Oct. 27, 1978 [H.R. 138091 George Mahon Federal Building, Tex. Designation.

Effective date.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/748

 92 STAT. 2028

PUBLIC LAW 95-530—OCT. 27, 1978

Public Law 95-530 95th Congress

,1'--'

An Act Oct. 27, 1978 [H.R. 13892]

U.S. attorneys and marshals, residence requirement. Exemption.

To amend title 28 of the United States Code to provide that the requirement that each United States attorney and United States marshal reside in the district for which he is appointed shall not apply to an individual appointed to such a position for the Northern Mariana Islands if such individual is at the same time serving in the same capacity in another district.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 545(a) of title 28, United States Code, is amended by adding at the end thereof the following new sentence: "The provisions of this subsection shall not apply to any United States attorney or assistant United States attorney appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district.". SEC. 2. Section 561(c) of title 28, United States Code, is amended by adding at the end thereof the following new sentence: "The preceding sentence shall not apply to any United States marshal appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district.". Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1650 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 10, considered and passed House. Oct. 13, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/749

 PUBLIC LAW 95-531—OCT. 27, 1978

92 STAT. 2029

Public Law 95-531 95th Congress An Act To designate a certain Federal building in Bloomington, Illinois, the "Leslie C. Arends Building".

Oct. 27, 1978 ^^^ U223]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Leslie C. Arends building located at 1511 East Empire Street in Bloomington, Illinois, Building, 111. is hereby designated as the "Leslie C. Arends Building". A.ny reference Designation, in any law, regulation, document, record, map, or other paper of the United States to such building shall be considered to be a reference to the Leslie C. Arends Building. Approved October 27, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 14, considered and passed House. Oct. 15, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/750

 9^ STAT. 2030

PUBLIC LAW 95-532—OCT. 27, 1978

Public Law 95-532 95th Congress

V^.-i An Act

Oct. 27, 1978 [H.R. 14295]

rj.Q designate the "Paul G. Rogers Federal Building".

Be it enacted by the Senate and House of Representatives of the Paul G. Rogers United States of America in Congress assembled, That the Federal Federal Building, building located at 700 Clematis Street, West Palm Beach, Florida, is ^•. . hereby designated as the "Paul G. Kogers Federal Building". Any stgnation. reference in any law, regulation, document, record, map, or other paper of the United States to such building shall be considered to be a reference to the Paul G. Rogers Federal Building. Effective date. SEC. 2. This Act shall take effect on January 4, 1979. Approved October 27, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 14, considered and passed House. Oct. 15, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/751

 PUBLIC LAW 95-533—OCT. 27, 1978

92 STAT. 2031

Public Law 95-533 95th Congress Joint Resolution To consent to an amendment of the constitution of the State of New Mexico to provide a method for executing leases and other contracts for the development and operation of geothermal steam and waters on lands granted or confirmed to such State. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That consent is given to the State of JSTew Mexico to adopt the amendment to the constitution of such State proposed by the legislature in H. J. R. Xo. 17, section 1, New Mexico Laws 1618 (1967), and approved by the qualified electors of such State at the special election of November 7, 1967, and to amend article X X IV, section 1, of such constitution to read as follows: "Leases and other contracts, reserving a royalty to the state, for the development and production of any and all minerals or for the development and operation of geothermal steam and waters on lands granted or confirmed to the state of New Mexico by the act of congress of June 20, 1910, entitled " A n Act to enable the people of New Mexico to form a constitution and state government and be admitted into the union on an equal footing with the original states", may be made under such provisions relating to the necessity or requirement for or the mode and manner of appraisement, advertisement and competitive bidding, and containing such terms and provisions, as may be provided by act of the legislature; the rentals, royalties and other proceeds therefrom to be applied and conserved in accordance with the provisions of said act of congress for the support or in aid of the common schools, or for the attainment of the respective purposes for which the several g r a n t s were made.". SEC. 2. Consent is given to the State of New Mexico to enact laws and establish regulations necessary to carry out the provisions of the amendment to the constitution of such State described in the first section of this Act. SEC. 3. Nothing in this Act shall be interpreted to limit, modify, supersede, amend, or otherwise affect any provision of Federal law other than section 10 of the Act of June 20, 1910, as amended (36 Stat. 567) or indicate that geothermal steam and associated geothermal resources are not minerals. Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1630 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 10, considered and passed House. Oct. 13, considered and passed Senate.

Oct. 27, 1978 [H.J. Res. 747]

New Mexico; Constitution, amendment.

36 Stat. 557

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/752

 92 STAT. 2032

PUBLIC LAW 95-534—OCT. 27, 1978

Public Law 95-534 95th Congress

a(:r c;t^

T

f.i

Joint Resolution Oct. 27, 1978 [HJ. Res. 816]

ijiQ extend the authority of the Federal Reserve banks to buy and sell certain obligations.

Federal Reserve banks. Authority l?TfSc'355

Resolved 'by the Senate and House of Representatives of the United States of America in Congress assembled, That section 14(b) of the Federal Eeserve Act is amended by striking out "May 1, 1978" and inserting in lieu thereof "May 1, 1979", and by striking out "April 30, 1978" and inserting in lieu thereof "April 30, 1979". Approved October 27, 1978.

m^n;:t

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1088 (Comm. on Banking, Finance, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): May 1, considered and passed House. Oct. 15, considered and passed Senate. .,. ».,,..... j

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/753

 PUBLIC LAW 95-535—OCT. 27, 1978

92 STAT. 2 0 3 3

Public Law 95-535 95th Congress An Act To establish fees and allow per diem and mileage expenses for witnesses before United States courts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1821 of title 28, United States Code, is amended to read as follows: "§1821. Per diem and mileage g e n e r a l l y; subsistence " (a)(1) Except as otherwise provided by law, a witness in attendance at any court of the United States, or before a United States Magistrate, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States, shall be paid the fees and allowances provided by this section. " (2) A s used in this section, the term 'court of the United States' includes, in addition to the courts listed in section 451 of this title, any court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States. " (b) A witness shall be paid an attendance fee of $30 per day for each day's attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at any time during such attendance. " (c)(1) A witness who travels by common carrier shall be paid for the actual expenses of travel on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from such witness's residence by the shortest practical route in going to and returning from the place of attendance. Such a witness shall utilize a common carrier at the most economical rate reasonably available. A receipt or other evidence of actual cost shall be furnished. " (2) A travel allowance equal to the mileage allowance which the Administrator of General Services has prescribed, pursuant to section 5704 of title 5, for official travel of employees of the Federal Government shall be paid to each witness who travels by privately owned vehicle. Computation of mileage under this paragraph shall be made on the basis of a uniformed table of distances adopted by the Administrator of General Services. " (3) Toll charges for toll roads, bridges, tunnels, and ferries, taxicab fares between places of lodging and carrier terminals, and p a r k i n g fees (upon presentation of a valid p a r k i n g receipt), shall be paid in full to a witness incurring such expenses. " (4) All normal travel expenses within and outside the judicial district shall be taxable as costs pursuant to section 1920 of this title. " (d)(1) A subsistence allowance shall be paid to a witness (other than a witness who is incarcerated) when an overnight stay is required at the place of attendance because such place is so far removed from the residence of such witness as to prohibit return thereto from day to day.

39-194 O—80—pt. 2

48: QL3

Oct. 27, 1978 [S. 2049]

U.S. Courts. Fees, per diem and mileage expenses for witnesses.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/754

 92 STAT. 2034

Effective date. 28 USC 1821 note.

PUBLIC LAW 95-535—OCT. 27, 1978 " (2) A subsistence allowance for a witness shall be paid in an amount not to exceed the maximum per diem allowance prescribed by the Administrator of General Services, pursuant to section 5702(a) of title 5, for official travel in the area of attendance by employees of the Federal Government. "(3) A subsistence allowance for a witness attending in an area designated by the Administrator of General Services as a high-cost area shall be paid in an amount not to exceed the maximum actual subsistence allowance prescribed by the Administrator, pursuant to section 5702(c)(B) of title 5, for official travel in such area by employees of the Federal Government. " (4) When a witness is detained pursuant to section 3149 of title 18 for want of security for his appearance, he shall be entitled for each day of detention when not in attendance at court, in addition to his subsistence, to the daily attendance fee provided by subsection (b) of this section. "(e) An alien who has been paroled into the United States for prosecution, pursuant to section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(6)), or an alien who either has admitted belonging to a class of aliens who are deportable or has been determined pursuant to section 242(b) of such Act (8 U.S.C. 1252(b)) to be deportable, shall be ineligible to receive the fees or allowances provided by this section.". SEC. 2. The amendments made by this Act shall take eflfect on October 1, 1978, or on the date of enactment, whichever occurs later. Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1651 (Comm. on the Judiciary). SENATE REPORT No. 95-756 (Comm. on the Judiciary). CONGRESSIONAL RECORD, VoL 124 (1978): Apr. 27, considered and passed Senate. Oct. 12, considered and passed House, amended. Oct. 13, Senate concurred in House amendment.

�


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/244

 206 am crying because I am so miserable and wretched. Once again a child is about to be born to me at the cost of its mother's life. When my first wife—for I have had many—was about to be delivered, she was unable to bring the child to the birth; and I was forced to deliver her at the cost of her life with this knife I am sharpening. The child was a girl whom, when she had grown to womanhood, I took to wife; and when she bore her first child I had to do the same for her as I had done for her mother. And thus it has been ever since with all my wives; for as soon as my daughters were old enough they became my wives, and thus it is at this present time with my present wife, and I was just preparing myself to do for her as I have had to do for all the others; and my heart aches, and I am sorrowful at the thought of the task before me." "Your case is indeed a sad one," observed the lad; "and I am sorry for you. But don't grieve any more, I will help you, and your wife shall not die this time. Tell me, have you any strong cherry-bark-string in the house?" The old man replied that he had, and gave the lad a piece. The boy immediately entered the house and found the woman in the throes of child-birth. Taking the cherry-bark-string, he threw one end of it between the woman's legs. The string became attached to the child, and he pulled upon the other end. It held for a moment, then broke in his hand before the babe was born. This failure seemed to distress him; and the old man, who had followed him into the house, seeing his ill-success, burst out crying again. "Don't cry, old man," said the lad, "all will be well; only get me a stronger cord. Give me some neck-sinew, if you can find any." The old man brought the lad what he asked for; and he spent a little time in first moistening and stretching and working it, till he got it into the condition he wanted. When it was ready for use, he did with it as he had done with the cherry-bark-string, only this time it bore the strain and did not break; and by its help a moment later the child was born. This time it was a male child. The lad then told the old man that his wife would bear him many more children, and that never again would he need to use his knife. Leaving the old man and his wife rejoicing, the lads went on their way, and after travelling a long way came at length to a house where lived a man called Cayote, who said he was a great medicine-man and could do great things. "What can you do?"


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/755

 PUBLIC LAW 95-536—OCT. 27, 1978

92 STAT. 2035

Public Law 95-536 95th Congress An Act To consent to certain amendments to the New Hampshire-Vermont Interstate School Compact, approved by Public Law 91-21.

Oct. 27, 1978 [S. 2403]

Be it enacted by the Senate mid House of Representatives of the United States of America in Congress assembled., That the consent of Congress is given to the amendments to the New Hampshire-Vermont Interstate School Compact which have been agreed to by such States and are substantially as follows: (1) amend article VII - G to read as follows: "(G) STATE AID PROGRAMS.—As used in this paragraph the term 'initial aid' shall include New Hampshire and Vermont financial assistance with respect to a capital project, or the means of financing a capital project, which is available in connection with construction costs of a capital project or which is available at the time indebtedness is incurred to finance the project. Without limiting the generality of the foregoing definition, initial aid shall specifically include a New Hampshire state guarantee under RSA 195-B with respect to bonds or notes and Vermont construction aid under chapter 123 of 16 V.S.A. As used in this paragraph the term 'long-term aid' shall include NewHampshire and Vermont financial assistance which is payable periodically in relation to capital costs incurred by an interstate district. Without limiting the generality of the foregoing definition, longterm aid shall specifically include New Hampshire school building aid under RSA 198 and Vermont school building aid under chapter 323 of Title 16 V.S.A. For the purpose of applying for, receiving and expending initial aid and long-term aid an interstate district shall be deemed a native school district by each State, subject to the following provisions. When an interstate district has appropriated money for a capital project, the amount appropriated shall be divided into a New Hampshire share and a Vermont share in accordance with the capital expense appoitionment formula in the articles of agreement as though the total amount appropriated for the project was a capital expense requiring apportionment in the year the appropriation is made. New Hampshire initial aid shall be available with respect to the amount of the New Hampshire share as though it were authorized indebtedness of a New Hampshire cooperative school district. In the case of a State guarantee of interstate district bonds or notes under RSA 195-B, the interstate district shall be eligible to apply for and receive an unconditional State guarantee with respect to an amount of its bonds or notes which does not exceed fifty percent of the amount of the New Hampshire share as determined above, Vermont initial aid shall be available with respect to the amount of the Vermont share as though it were funds voted by a Vermont school district. Payments of Vermont initial aid shall be made to the interstate district, and the amount of any borrowing authorized to meet the appropriation for the capital project shall be reduced accordingly. New Hampshire and Vermont long-term aid shall be payable to the interstate district. The amounts of long-term aid in each year shall be based on the New Hampshire and Vermont shares of the'amount of indebtedness of the interstate district which is payable in that year and which has been

New HampshireVermont Interstate School Compact, amendment. Consent of Congress. Financial assistance, construction.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/756

 92 STAT. 2036

PUBLIC LAW 95-536—OCT. 27, 1978 apportioned, in accordance with the capital expense apportionment formula in the articles of agreement. The New Hampshire aid shall be payable at the rate of forty-five percent, if there are three or less New Hampshire members in the interstate district, and otherwise it shall bo payable as though the New Hampshire members were a New Hampshire cooperative school district. New Hampshire and Vermont long-term aid shall be deducted from the total capital expenses for the fiscal year in which the long-term aid is payable, and the balance of such expenses shall be apportioned among the member districts. Notwithstanding the foregoing provisions. New Hampshire and Vermont may at any time change their State school aid programs that are in existence when this compact takes effect and may establish new programs, and any legislation for these purposes may specify how such programs shall be applied with respect to interstate districts. Notwithstanding the foregoing, the respective amounts of New Hampshire and Vermont initial and long-term aid, with respect to a capital project of the Dresden School District for which indebtedness is authorized by a vote of the District after July 1, 1977, shall be initially determined for each year for each member district by the manner provided in this paragraph and the aid shall be paid to the Dresden School District, however, the amount of aid for those capital projects received by the Dresden School District on account of each member district shall be used by the District to reduce the sums which would otherwise be required to be raised by taxation within that member district."; (2) insert the following at the end of article VII: " (I) Notwithstanding paragraph (G) of this Article, initial and long-term aid may be allocated among the members of an interstate district other than the Dresden School District in the manner which is provided in the articles of agreement of that district, or if not therein provided, in the manner specified in paragraph (G) for all interstate districts other than the Dresden School District."; and (3) amend Article IX to read as follows: "ARTICLE

IX

uAMENDMENTS TO ARTICLES OF AGREEMENT

"A. Amendments to the articles of agreement shall be adopted in the manner provided in the articles of agreement, and if no such provision is made in the articles of agreement then amendments shall be adopted by the affirmative vote of two-thirds of those present and voting at an interstate district meeting, except that: "a. If the amendment proposes the addition of a new member district, the amendment shall be adopted in the same manner provided for the adoption of the original articles of agreement, provided that the planning committee shall consist of all of the members of the interstate district board of directors and all of the members of the school board of the proposed new member district or districts, and provided that the amendment shall be submitted to the voters of the interstate district, the affirmative vote of two-thirds of those present and voting at an interstate district meeting being required for approval of the amendment. The articles of agreement together with the proposed amendment shall then be submitted to the voters of the proposed new member district or districts, and an affirmative vote of a simple majority of those present and voting at each district meeting shall be required for approval of the amendment.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/757

 PUBLIC LAW 95-536—OCT. 27, 1978 "b. No amendment to the articles of agreement may impair the rights of bond or note holders or the power of the interstate district to procure the means for their payment. "c. Amendments to the articles of agreement of the Dresden School District shall be adopted in the following manner: (1) an amendment shall be initially approved upon the affirmative vote of a simple majority of those voters of the Dresden School District who are present and voting at a meeting called for such purpose, (2) the amendment initially approved by the voters of the Dresden School District shall become final and effective upon the expiration of thirty days after the date of that vote, unless a petition is duly filed within that thirty-day period and the amendment is subsequently not approved by the voters of a member district in accordance with the procedure specified in clause (3), (3) if a petition, valid under applicable State law, is filed before the expiration of that thirty-day period with the clerk of any school district which is a member of the Dresden School District, which petition requires the calling of a special meeting of that member district for the purpose of considering the approval of the amendment initially adopted by the voters of the Dresden School District, then the board of school directors of that member district shall thereupon call a special meeting of that district for that purpose, (4) if the amendment as initially approved by the voters of the Dresden School District is approved by more than forty percent of the voters present and voting at the meeting of each member district in which a petition was filed under this section, then the amendment as initially adopted shall become final and effective upon the vote of that member district last to vote. If the amendment as initially approved by the voters of the Dresden School District is not so approved by niore than forty percent of the voters present and voting at the meeting of any one member district, then the amendment shall be null and void and of no effect.". Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1722 (Comm. on the Judiciary). SENATE REPORT No. 95-968 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): July 14, considered and passed Senate. Oct. 12, considered and passed House.

92 STAT. 2037

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/758

 92 STAT. 2038

PUBLIC LAW 95-537—OCT. 27, 1978

Public Law 95-537 95th Congress An Act Oct. 27. 1978 [S. 3336]

Contract Services for Drug Dependent Federal Offenders Act of

1978. 18 USC 3651 note.

Jurisdiction.

Appropriation authorization.

18 USC 4255

note. Effective date.

18 USC 3651

note.

To enable the Department of Justice and the Administrative OflSce of the United States Courts to provide services and special supervision to drug dependent Federal offenders in an efficient and effective manner.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may he, cited as the "Contract Services for Drug Dependent Federal Offenders Act of 1978". SEC. 2. Section 3661 of title 18, United States Code, relating to suspension of sentence and probation, is amended by deleting from the second to the last paragraph the colon and everything thereafter, and inserting in lieu thereof a period. SKC. 3. Section 4255 of title 18, United States Code, relating to supervision in the community of certain convicted offenders, is amended to read as follows: "An offender who has been conditionally released shall be under the jurisdiction of the United States Parole Commission as if on parole, pursuant to chapter 311 of this title. "The Director of the Administrative Office of the United States Courts may contract with any appropriate public or private agency or any person for supervisory aftercare of an offender. The Director may negotiate and award such contracts without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).". S?:c. 4. (a) To carry out the purposes of this Act, there are authorized to be appropriated sums not to exceed $3,500,000 for the fiscal year ending September 30, 1980; $3,645,000 for the fiscal year ending September 30, 1981; and $3,750,000 for the fiscal year ending September 30, 1982. (b) The amendments made by this Act shall take effect on October 1, 1979. Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1649 (Comm. on the Judiciary). SENATE REPORT No. 95-1110 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 17, considered and passed Senate. Oct. 10, considered and passed House, amended. Oct. 13, Senate concurred in House amendments.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/759

 PUBLIC LAW 95-538 — OCT. 27, 1978 — 92 STAT. 2039 — S. 3540

Public Law 95-538 95th Congress

An Act

To rename the United States Federal building in Yakima, Washington, the "Justice William O. Douglas Federal Building".

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the United States Federal building and courthouse located at 25 South Third Street in Yakima, Washington, is hereby designated as the "Justice William O. Douglas Federal Building". Any reference in any law, regulation, documnent, record, map, or other paper of the United States to such building shall be considered to be a reference to the Justice William O. Douglas Federal Building.

Approved October 27, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1775 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 124 (1978):
 * Oct. 2, considered and passed Senate.
 * Oct. 12, considered and passed House.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 43:
 * Oct. 27, Presidential statement.


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/760

 92 STAT. 2040

PUBLIC LAW 95-539—OCT. 28, 1978

Public Law 95-539 95th Congress An Act Oct. 28, 1978 [S. 1315]

Court Interpreters Act. 28 USC 1 note. 28 USC 1827.

Annual report.

Fee schedule.

To provide more effectively for the use of interpreters in courts of the United States, 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 be cited as the "Court Interpreters Act". SEC. 2. (a) Chapter 119 of title 28, United States Code, is amended by adding at the end thereof the following new sections: "§ 1827. Interpreters in courts of the United States " (a) The Director of the Administrative Office of the United States Courts shall establish a program to facilitate the use of interpreters in courts of the United States. " (b) The Director shall prescribe, determine, and certify the qualifications of persons who may serve as certified interpreters in courts of the United States in bilingual proceedings and proceedings involving the hearing impaired (whether or not also speech impaired), and in so doing, the Director shall consider the education, training, and experience of those persons. The Director shall maintain a current master list of all interpreters certified by the Director and shall report annually on the frequency of requests for, and the use and effectiveness of, interpreters. The Director shall prescribe a schedule of fees for services rendered by interpreters. " (c) Each United States district court shall maintain on file in the office of the clerk of court a list of all persons who have been certified as interpreters, including bilingual interpreters and oral or manual interpreters for the hearing impaired (whether or not also speech impaired), by the Director of the Administrative Office of the United States Courts in accordance with the certification program established pursuant to subsection (b) of this section. "(d) The presiding judicial officer, with the assistance of the Director of the Administrative Office of the United States Courts, shall utilize the services of the most available certified interpreter, or when no certified interpreter is reasonably available, as determined by the presiding judicial officer, the services of an otherwise competent interpreter, in any criminal or civil action initiated by the United States in a United States district court (including a petition for a writ of habeas corpus initiated in the name of the United States by a relator), if the presiding judicial officer determines on such officer's own motion or on the motion of a party that such party (including a defendant in a criminal case), or a witness who may present testimony in such action— " (1) speaks only or primarily a language other than the English language;or " (2) suffers from a hearing impairment (whether or not suffering also from a speech impairment) so as to inhibit such party's comprehension of the proceedings or communication with counsel or the presiding judicial officer, or so as to inhibit such witness' comprehension of questions and the presentation of such testimony.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/761

 PUBLIC LAW 95-539—OCT. 28, 1978 "(e)(1) If any interpreter is unable to communicate effectively with the presiding judicial officer, the United States attorney, a party (including a defendant in a criminal case), or a witness, the presiding judicial officer shall dismiss such interpreter and obtain the services of another interpreter in accordance with this section. "(2) In any criminal or civil action in a United States district court, if the presiding judicial officer does not appoint an interpreter under subsection (d) of this section, an individual requiring the services of an interpreter may seek assistance of the clerk of court or the Director of the Administrative Office of the United States Courts in obtaining the assistance of a certified interpreter. "(f)(1) Any individual other than a witness who is entitled to interpretation under subsection (d) of this section may waive such interpretation in whole or in part. Such a waiver shall be effective only if approved by the presiding judicial officer and made expressly by such individual on the record after opportunity to consult with counsel and after the presiding judicial officer has explained to such individual, utilizing the services of the most available certified interpreter, or when no certified interpreter is reasonably available, as determined by the presiding judicial officer, the services of an otherwise competent interpreter, the nature and effect of the waiver. "(2) An individual who waives under paragraph (1) of this subsection the right to an interpreter may utilize the services of a noncertified interpreter of such individual's choice whose fees, expenses, and costs shall be paid in the manner provided for the payment of such fees, expenses, and costs of an interpreter appointed under subsection (d) of this section. "(g)(1) Except as otherwise provided in this subsection or section 1828 of this title, the salaries, fees, expenses, and costs incident to providing the services of interpreters under subsection (d) of this section shall be paid by the Director of the Administrative Office of the United States Courts from sums appropriated to the Federal judiciary. "(2) Such salaries, fees, expenses, and costs that are incurred with respect to Government witnesses shall, unless direction is made under paragraph (3) of this subsection, be paid by the Attorney General from sums appropriated to the Department of Justice. "(3) The presiding judicial officer may in such officer's discretion direct that all or part of such salaries, fees, expenses, and costs shall be apportioned between or among the parties or shall be taxed as costs in a civil action, "(4) Any moneys collected under this subsection may be used to reimburse the appropriations obligated and disbursed in payment for such services. " (h) In any action in a court of the United States where the presiding judicial officer establishes, fixes, or approves the compensation and expenses payable to an interpreter from funds appropriated to the Federal judiciary, the presiding judicial officer shall not establish, fix, or approve compensation and expenses in excess of the maximum allowable under the schedule of fees for services prescribed pursuant to subsection (b) of this section. "(i) The term 'presiding judicial officer' as used in this section and section 1828 of this title includes a judge of a United States district court, a United States magistrate, and a referee in bankruptcy.

92 STAT. 2041

Waiver, approval and consultation.

Salaries, fees, and expenses. Post, p. 2042.

"Presiding judicial officer."

�


text:
Page:The Folk-Lore Journal Volume 4 1886.djvu/271

Rh 'Can you tell me if any here be

Who'll give to me employ,

To plough and sow, and reap and mow,

And be a farmer's boy? '

Chorus—To plough and sow, &c.

"'My father's dead, my mother's left

With her five children small,

And, what is worse for my mother still,

I'm the largest of them all.

Though little I be, I fear not work.

If you will me employ.

To plough and sow, to reap and mow.

And be a farmer's boy.

Chorus—To plough and sow, &c.

"'And if you cannot me employ,

One favour I've to ask.

If you'll shelter me 'till the break of day

From this cold winter's blast.

At the break of day I'll trudge away,

Elsewhere to seek employ,

To plough and sow, to reap and mow,

And be a farmer's boy.'

Chorus—To plough and sow, &c.

"The farmer said, 'We'll try the lad,

No further he shall seek.'

'O, yes, dear father,' the daughter cried,

Whilst the tears ran down her cheek.

For one that will work it's hard to want,

Or wander for employ.

To plough and sow, to reap and mow.

And be a farmer's boy.'

Chorus— To plough and sow, &c.

"In length of time he grew a man;

The good old farmer died.

And left the lad the farm he had.

And his daughter for his bride.

The lad that was the farmer is;

He smiles and thinks with joy,

Of the lucky day he came that way

To be the farmer's boy.

Chorus— To plough and sow," &c.


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/762

 92 STAT. 2042 "United States district court." Infra. 28 USC 132.

28 USC 1828. Program establishment.

Expenses.

PUBLIC LAW 95-539—OCT. 28, 1978 "(]') The term 'United States district court' as used in this section and Section 1828 of this title includes any court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States established by section 132 of this title. "(k) The interpretation provided by certified interpreters pursuant to this section shall be in the consecutive mode except that the presiding judicial officer, with the approval of all interested parties, may authorize a simultaneous or summary interpretation when such officer determines that such interpretation will aid in the efficient administration of justice. The presiding judicial officer on such officer's motion or on the motion of a party may order that special interpretation services as authorized in section 1828 of this title be provided if such officer determines that the provision of such services will aid in the efficient administration of justice. "§1828. Special interpretation services "(a) The Director of the Administrative Office of the United States Courts shall establish a program for the provision of special interpretation services in criminal actions and in civil actions initiated by the United States (including petitions for writs of habeas corpus initiated in the name of the United States by relators) in a United States district court. The program shall provide a capacity for simultaneous interpretation services in multidefendant criminal actions and multidefendant civil actions. "(b) Upon the request of any person in any action for which special interpretation services established pursuant to subsection (a) are not otherwise provided, the Director, with the approval of the presiding judicial officer, may make such services available to the person requesting the services on a reimbursable basis at rates established in conformity with section 501 of the Act of August 31, 1951 (ch. 376, title 5,65 Stat. 290; 31 U.S.C. 483a), but the Director may require the prepayment of the estimated expenses of providing the services by the person requesting them. "(c) Except as otherwise provided in this subsection, the expenses incident to providing services under subsection (a) of this section shall be paid by the Director from sums appropriated to the Federal judiciary. A presiding judicial officer, in such officer's discretion, may order that all or part of the expenses shall be apportioned between or among the parties or shall be taxed as costs in a civil action, and any moneys collected as a result of such order may be used to reimburse the appropriations obligated and disbursed in payment for such services. "(d) Appropriations available to the Director shall be available to provide services in accordance with subsection (b) of this section, and moneys collected by the Director under that subsection may be used to reimburse the appropriations charged for such services. A presiding judicial officer, in such officer's discretion, may order that all or part of the expenses shall be apportioned between or among the parties or shall be taxed as costs in the action.". (b) The table of sections for chapter 119 of title 28, United States Code, is amended by adding at the end thereof the following: "1827. Interpreters in courts of the United States. "1828. Special interpretation services.".

-; >....

.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/763

 PUBLIC LAW 95-539—OCT. 28, 1978

92 STAT. 204^3

SEC. 3. Section 604(a) of title 28, United States Code, is amended— (a) by striking out paragraph (10) and inserting in lieu thereof: "(10)(A) Purchase, exchange, transfer, distribute, and assign the custody of lawbooks, equipment, supplies, and other personal property for the judicial branch of Government (except the Supreme Court unless otherwise provided pursuant to paragraph (17)); (B) provide or make available readily to each court appropriate equipment for the interpretation of proceedings in accordance with section 1828 of this title; and (C) enter into and perform contracts and other transactions upon such terms as the Director may deem appropriate as may be necessary to the conduct of the work of the judicial branch of Government (except the Supreme Court unless otherwise provided pursuant to paragraph (17)), and contracts for nonpersonal services for pretrial services agencies, for the interpretation of proceedings, and for the provision of special interpretation services pursuant to section 1828 of this title may be awarded without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C.5);"; (b) by redesignating paragraph (13) as paragraph (17); and (c) by inserting after paragraph (12) the following new paragraphs: "(13) Pursuant to section 1827 of this title, establish a program for the certification and utilization of interpreters in courts of the United States; "(14) Pursuant to section 1828 of this title, establish a program for the provision of special interpretation services in courts of the United States; "(15)(A) In those districts where the Director considers it advisable based on the need for interpreters, authorize the fulltime or part-time employment by the court of certified interpreters; (B) where the Director considers it advisable based on the need for interpreters, appoint certified interpreters on a fulltime or part-time basis, for services in various courts when he determines that such appointments will result in the economical provision of interpretation services; and (C) pay out of moneys appropriated for the judiciary interpreters' salaries, fees, and expenses, and other costs which may accrue in accordance with the provisions of sections 1827 and 1828 of this title; "(16) In the Director's discretion, (A) accept and utilize voluntary and uncompensated (gratuitous) services, including services as authorized by section 3102 of title 5, United States Code; and (B) accept, hold, administer, and utilize gifts and bequests of personal property for the purpose of aiding or facilitating the work of the judicial branch of Government, but gifts or bequests of money shall be covered into the Treasury;". SEC. 4. Section 604 of title 28, United States Code, is amended further by inserting after subsection (e) the following new subsections: "(f) The Director may make, promulgate, issue, rescind, and amend rules and regulations (including regulations prescribing standards of conduct for Administrative Office employees) as may be necessary to carry out the Director's functions, powers, duties, and authority. The Director may publish in the Federal Register such rules, regulations,

Ante, p. 2042.

Interpreter programs, establishment. Ante, p. 2040.

Conduct standards, rules and regulations. Publication in Federal Register.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/764

 92 STAT. 2 0 4 4

PUBLIC LAW 95-539—OCT. 28, 1978

and notices for the judicial branch of Government as the Director determines to be of public interest; and the Director of the Federal Register hereby is authorized to accept and shall publish such materials. Exchanges or " (g)(1) W h e n authorized to exchange personal property, the Direcsales, evidence. tor may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in such cases in whole or in part payment for the property acquired, but any transaction carried out under the authority of this subsection shall be evidenced in writing. " (2) The Director hereby is authorized to enter into contracts for Contracts. public utility services and related terminal equipment for periods not exceeding ten years.". SEC. 5. Section 602 of title 28, United States Code, is amended to read as follows: «§602. Employees Compensation. " (a) The Director shall appoint and fix the compensation of necessary employees of the Administrative Office in accordance with the 5 USC 5101 et provisions of chapter 51 and subchapter III of chapter 53 of title 5, seq., 5331. relating to classification and General Schedule pay rates. " (b) Notwithstanding any other law, the Director may appoint Ante, p. 2043. certified interpreters in accordance with section 604(a) (15)(B) of this title without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, relating to classification and General Schedule pay rates, but the compensation of any person appointed under this subsection shall not exceed the a p p r o p r i a t e equivalent of the highest rate of pay payable for the highest grade established in the General Schedule, section 5332 of title 5. " (c) The Director may obtain personal services as authorized by section 3109 of title 5, at rates not to exceed the a p p r o p r i a t e equivalent of the highest rate of pay payable for the highest g r a d e established in the General Schedule, section 5332 of title 5. " (d) All functions of other officers and employees of the Admiriistrative Office and all functions of organizational units of the AdminAuthority istrative Office are vested in the Director. The Director may delegate delegations. any of the Director's functions, powers, duties, and authority (except the authority to promulgate rules and regulations) to such officers and employees of the judicial branch of Government as the Director may designate, and subject to such terms and conditions as the Director may consider a p p r o p r i a t e; and may authorize the successive redelegation of such functions, powers, duties, and authority as the Director may deem desirable. All official acts performed by such officers and employees shall have the same force and effect as t h o u g h performed by the Director in person.". SEC. 6. Section 603 of title 28, United States Code, is amended by striking out the second paragraph thereof. Taxation of costs. SEC. 7. Section 1920 of title 28, United States Code, is amended by striking out the period at the end of paragraph (5) and inserting a semicolon in lieu thereof and by inserting after paragraph (5) the following new paragraph: " (6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.". Repeal. SEC. 8. Section 5(b) of the Act of September 23, 1959 (Public Law 28 USC 602 note. 86-370,73 Stat. 652), is repealed.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/765

 PUBLIC LAW 95-539—OCT. 28, 1978 SEC. 9. There are authorized to be appropriated to the judicial branch of Government such sums as may be necessary to carry out the amendments made by this Act. SEC. 10. (a) Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Section 2 of this Act shall take effect ninety days after the date of the enactment of this Act. SEC. 11. Any contracts entered into under this Act or any of the amendments made by this Act shall be limited to such extent or in such amounts as are provided in advance in appropriation Acts. Approved October 28, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1687 accompanying H.R. 14030 (Comm. on the Judiciary). SENATE REPORT No. 95-569 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 123 (1977): Nov. 4, considered and passed Senate. Vol. 124 (1978): Oct. 10, H.R. 14030 considered and passed House; passage vacated and S. 1315, amended, passed in lieu. Oct. 13, Senate concurred in House amendment.

92 STAT. 2045 Appropriation authorization, Effective dates, 28 USC 602 nc»te. 28 USC 602 note,

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/766

 92 STAT. 2046

PUBLIC LAW 95-540—OCT. 28, 1978

Public Law 95- •540 95th Congress An Act Oct. 28. 1978 [H.R. 4727]

Privacy Protection for Rape Victims Act of 1978. 28 USC app. 28 USC app.

Hearing.

To amend the Federal Rules of Evidence to provide for the protection of the privacy of rape victims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Privacy Protection for Rape Victims Act of 1978". SEC. 2. (a) Article IV of the Federal Rules of Evidence is amended by adding at the end thereof the following new rule: "RULE412. RAPE CASES; RELEVANCE OF VICTIM'S PAST BEHAVIOR

"(a) Notwithstanding any other provision of law, in a criminal case in which a person is accused of rape or of assault with intent to commit rape, reputation or opinion evidence of the past sexual behavior of an alleged victim of such rape or assault is not admissible. "(b) Notwithstanding any other provision of law, in a criminal case in which a person is accused of rape or of assault with intent to commit rape, evidence of a victim's past sexual behavior other than reputation or opinion evidence is also not admissible, unless such evidence other than reputation or opinion evidence is— "(1) admitted in accordance with subdivisions (c)(1) and (c)(2) and is constitutionally required to be admitted; or "(2) admitted in accordance with subdivision (c) and is evidence of— "(A) past sexual behavior with persons other than the accused, offered by the accused upon the issue of whether the accused was or was not, with respect to the alleged victim, the source of semen or injury; or "(B) past sexual behavior with the accused and is offered by the accused upon the issue of whether the alleged victim consented to the sexual behavior with respect to which rape or assault is alleged. "(c)(1) If the person accused of committing rape or assault with intent to commit rape intends to offer under subdivision (b) evidence of specific instances of the alleged victim's past sexual behavior, the accused shall make a written motion to offer such evidence not later than fifteen days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which such evidence relates has newly arisen in the case. Any motion made under this paragraph shall be served on all other parties and on the alleged victim. "(2) The motion described in paragraph (1) shall be accompanied by a written offer of proof. If the court determines that the offer of proof <}ontains evidence described in subdivision (b), the court shall order a hearing in chambers to determine if such evidence is admissible.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/767

 PUBLIC LAW 95-540—OCT. 28, 1978

92 STAT. 2047

At such hearing the parties may call witnesses, including the alleged victim, and offer relevant evidence. Notwithstanding subdivision (b) of rule 104, if the relevancy of the evidence which the accused seeks 28 USC app. to offer in the trial depends upon the fulfillment of a condition of fact, the court, at the hearing in chambers or at a subsequent hearing in chambers scheduled for such purpose, shall accept evidence on the issue of whether such condition of fact is fulfilled and shall determine such issue. "(3) If the court determines on the basis of the hearing described in paragraph (2) that the evidence which the accused seeks to offer is relevant and that the probative value of such evidence outweighs the danger of unfair prejudice, such evidence shall be admissible in the trial to the extent an order made by the court specifies evidence which may be offered and areas with respect to which the alleged victim may be examined or cross-examined. "(d) For purposes of this rule, the term 'past sexual behavior' means "Past sexual sexual behavior other than the sexual behavior with respect to which behavior." rape or assault with intent to commit rape is alleged.". (b) The table of contents for the Federal Rules of Evidence is amended by inserting immediately after the item relating to rule 411 the following new item: "Rule 412. Rape cases; relevance of victim's past behavior.".

SEC. 3. The amendments made by this Act shall apply to trials which Effective date, begin more than thirty days after the date of the enactment of this Act. ^^ ^^^ ^PPApproved October 28, 1978. i:-M*'.,l?.'S

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 10, considered and passed House. Oct. 12, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Oct. 30, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/768

 92 STAT. 2048

PUBLIC LAW 95-541—OCT. 28, 1978

Public Law 95-541 95th Congress An Act Oct. 28, 1978 [H.R. 7749]

rpQ implement the Agreed Measures for the Conservation of Antarctic Fauna and Flora, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Antarctic United States of America in Congress assembled, That this Act may be Conservation Act cited as the "Antarctic Conservation Act of 1978". 16^USC 2401 S^^- 2- FINDINGS AND PURPOSE. note. (a) FINDINGS.—The Congress finds that— 16 USC 2401. (1) the Antarctic Treaty and the Agreed Measures for the Con12 UST 794. servation of Antarctic Fauna and Flora, adopted at the Third 17 UST 991. Antarctic Treaty Consultative Meeting, have established a firm foundation for the continuation of international cooperation and the freedom of scientific investigation in Antarctica; and, (2) the study of Antarctic fauna and flora, their adaptation to their rigorous environment, and their interrelationships with that environment has special scientific importance for all mankind, (b) PURPOSE.—The purpose of this Act is to provide for the conservation and protection of the fauna and flora of Antarctica, and of the ecosystem upon which such fauna and flora depend, consistent with the Antarctic Treaty, the Agreed Measures for the Conservation of Antarctic Fauna and Flora, and Recommendation VII - 3 of the Eighth Antarctic Treaty Consultative Meeting. 16 USC 2402. SEC. 3. DEFINITIONS. For purposes of this Act— (1) The term "Agreed Measures" means the Agreed, Measures for the Conservation of Antarctic Fauna and Flora— (A) as recommended to the Consultative Parties for approval at the Third Antarctic Treaty Consultative Meeting; and (B) as amended from time to time in accordance with Article IX (1) of the Treaty. (2) The term "Antarctica" means the area south of 60 degrees south latitude. (3) The term "collect" means to cut, sever, or move, or to attempt to engage in any such conduct. (4) The term "Director" means the Director of the National Science Foundation or an officer or employee of the Foundation designated by the Director. (5) The term "foreign person" means— (A) any individual who is a citizen or national of a foreign nation, (B) any corporation, partnership, trust, association, or other legal entity existing or organized under the laws of any foreign nation, and (C) any department, agency, or other instrumentality of any foreign nation and any officer, employee, or agent of any such instrumentality. (6) The term "native bird" means any member, at any stage of its life cycle (including eggs), of any species of the class Aves

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/769

 PUBLIC LAW 95-541—OCT. 28, 1978

92 STAT. 2049

which is designated as a native species by the Director under section 6(b)(1), and includes any part of any such member. (7) The term "native mammal" means any member, at any stage of its life cycle, of any species of the class Mammalia, other than any species regulated by the International Whaling Commission, which is designated as a native species by the Director under section 6(b)(1), and includes any part of such member. (8) The term "native plant" means any member of any species of plant at any stage of its life cycle (including seeds) which is designated as such by the Director under section 6(b)(1), and includes any part of any such member. (9) The term "pollutant" means any substance designated as such by the Director under section 6(b)(6). (10) The term "site of special scientific interest" means any area designated as such by the Director under section 6(b)(3). (11) The term "specially protected area" means any area designated as such by the Director under section 6(b)(4). (12) The term "specially protected species" means any species of native mammal or native bird designated as such by the Director under section 6(b)(5). (13) The term "take" means to harass, molest, harm, pursue, hunt, shoot, wound, kill, trap, or capture, or to attempt to engage in any such conduct. (14) The term "Treaty" means the Antarctic Treaty signed in 12 UST 794. Washington, D.C.. on December 1, 1959, (15) The term "United States" means the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands, including the Government of the Northern Mariana Islands. (16) The term "United States citizen" means— (A) any individual who is a citizen or national of the United States; (B) any corporation, partnership, trust, association, or other legal entity existing or organized under the laws of any of the United States; and (C) any department, agency, or other instrumentality of the Federal Government or of any State, and any officer, employee, or agent of any such instrumentality. SEC. 4. PROHIBITED ACTS. (a) IN GENERAL.—It is unlawful—

(1) foir any United States citizen, unless authorized by regulation prescribed under this Act or a permit issued under section 5— (A) to take within Antarctica any native mammal or native bird, (B) to collect within any specially protected area any native plant, (C) to introduce into Antarctica any animal or plant that is not indigenous to Antarctica, (D) to enter any specially protected area or site of special scientific interest, or (E) to discharge, or otherwise to dispose of, any pollutant within Antarctica; (2) for any United States citizen wherever located, or any foreign person while within the United States, unless authorized by regulation prescribed under this Act or a permit issued under section 5—

39-194 O—80—pt. 2

49: QL3

16 USC 2403.

„

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/770

 92 STAT. 2050

PUBLIC LAW 95-541—OCT. 28, 1978 (A) to possess, sell, offer for sale, deliver, receive, carry, transport, or ship by any means whatsoever, or (B) to import into the United States, to export from the United States, or to attempt to so import or export, any native mammal or native bird taken in Antarctica or any native plant collected in any specially protected area; (3) for any United States citizen wherever located, or any foreign person while within the United States, to violate any regulation prescribed under this Act; o r (4) for any person, whether or not a United States citizen, to violate any term or condition of any permit issued under section 5. No act described in paragraph s (1) through (4) sihall be unlawful if committed, under emergency circumstances, to prevent the loss of human life. (b) EXCEPTION.—Subsection (a) shall not apply to — (1) any native mammal, native bird, or native plant which is held in captivity on the date of the enactment of this Act; or (2) any offspring of any such mammal, bird, or plant. "With respect to any act prohibited by subsection (a) which occurs after the 180th d a y after such date of enactment, there shall be a rebuttable presumption that the native mammal, native bird, or native plant involved in such act was not held in captivity on such date or was not an offspring referred to in paragraph (2).

16 USC 2404.

SEC. 5. PERMITS.

(a) IN GENERAL.—The Director may issue permits which authorize acts otherwise prohibited by section 4(a). Regulation.

Publication in Federal Register.

(b) APPLICATIONS

FOR P E R M I T S. — (1)

Applications

for

permits

under this section shall be made in such manner and form, and shall contain such information, as the Director shall by regulation prescribe. (2) The Director shall publish notice in the Federal Register of each application which is made for a permit under this section. The notice shall invite the submission by interested parties, within 30 days after the date of publication of the notice, of written data, comments, or views with respect to the application. Information received by the Director as a part of any application shall be available to the public as a mater of public record. (c) ACTION BY APPROPRIATE SECRETARIES ON CERTAIN P E R M I T A P P L I -

CATIONS.— (1) I f the Director receives an application for a permit under this section requesting authority to undertake any action w i t h respect to — (A) any native mammal which is a marine m a m m a l within the meaning of section 3(5) of the Marine Mammal Protection Act o f l 9 7 2 (16 U.S.C. 1 3 6 2 (5)); (B) any native mammal, native bird, o r native p l a n t which is an endangered species or threatened species under the E n d a n gered Special Act of 1973 (16 U.S.C. 1531 et seq.); or (C) any native bird which is protected under the Migratory B i r d Treaty Act (16 U.S.C. 701 et seq.); the Director shall submit a copy of the application to the Secretary of Commerce o r to the Secretary of the Interior, as appropriate (hereinafter in this subsection referred to respectively as the " a p p r o p r i a t e Secretary"). (2) After receiving a copy of any application from the Director under paragraph (1) the appropriate Secretary shall p r o m p t l y

•i><>i-«

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/771

 PUBLIC LAW 95-541—OCT. 28, 1978

92 STAT. 2 0 5 1

determine, and notify the Director, whether or not any action proposed i n the application also requires a permit or other authorization under any law administered by the appropriate Secretary. (3) I f the appropriate Secretary notifies the Director that any action proposed i n the application requires a permit or other authorization under any law administered by the appropriate Secretary, the Director may not issue a permit under this section with respect to such action unless such other required permit or authorization is issued by the appropriate Secretary and a copy thereof is submitted to the Director. The issuance of any permit or other authorization by the a p p r o p r i a t e Secretary for the carrying out of any action with respect to any native mammal, native bird, or native plant shall not be deemed to entitle the applicant concerned to the issuance by the Director of a permit under this section. (d) ISSUANCE OF PERMITS.—As soon as practicable after receiving any application for a permit under this section, or, in the case of any application to which subsection (c) applies, as soon as practicable after the applicable requirements of such subsection are complied with, the Director shall issue, or deny the issuance of, the permit. W i t h i n Publication in 10 days after the date of the issuance or denial of a permit under this Federal Register. subsection, the Director shall publish notice of the issuance or denial in the Federal Register. (e) T E R M S AND CONDITIONS o r P E R M I T S. — (1) E a c h permit issued

under this section shall— (A) if applicable, specify— (i) the number and species of native mammals, native birds, or native plants to which the permit applies, (ii) if any such mammal or bird is authorized to be taken, transported, carried, o r shipped, the manner (which manner must be determined by the Director to be humane) in which such action must be accomplished and the area in which such taking must occur, and (iii) if any such plant is authorized to be collected, the location and manner in which it must be collected; (B) the period during which the permit is valid; and (C) such other terms and conditions as the Director deems necessary and appropriate to ensure that any act authorized under the permit is carried out in a manner consistent with the purpose of this Act, the criteria set forth in paragraph (2), if applicable, and the regulations prescribed under this Act. (2) The terms and conditions imposed by the Director in any permit Criteria issued under this section that authorizes any of the following acts shall be consistent with the following criteria: (A) Permits authorizing the taking within Antarctica (other than within any specially protected area) of any native mammal or native b i r d (other than a specially protected species of any such mammal or b i r d) — (i) may be issued only for the purpose of providing— (I) specimens for scientific study or scientific information, o r ( II) specimens for museums, zoological gardens, or other educational or cultural institutions or uses; and (ii) shall ensure, as f a r a s possible, that— (I) n o more native mammals and native birds are taken i n any year than can normally be replaced by n e t n a t u r a l reproduction in the following breeding season, and

�


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/245

 Rh said the youngest lad, who knew him to be an idle boaster. "Oh, I am a very great man," said Cayote; "and I eat nothing but the bodies of men. I have just finished eating a man." "If that is so," answered the lad, "you can easily prove it by disgorging your dinner." "Oh! that is quite easy," said Cayote. "Shut your eyes, and I will vomit you up a piece of a man." "But if I shut my eyes, I cannot see you do it," said the boy. "If you are such a great man, surely it will make no difference whether I shut my eyes or not." "Oh, well! I must shut mine if you don't; now, look, I am going to show you," and with that he began to work his stomach violently up and down in his efforts. After a great deal of exertion and fuss, he brought up a little saliva. "Where is your man's flesh?" scornfully asked the boy, as he pointed to the saliva on the ground. Cayote having opened his eyes, was a little abashed at the results of his efforts, but still keeping up the character of a man-eater, replied that he could do nothing because the other kept his eyes open. "Very well,' said the boy, "I will shut my eyes now, and you try again." Cayote consented, and tried once more. Thinking he wanted to trick him, the boy kept the corner of his eye open as the man tried again to produce his dinner of man-flesh. After many violent efforts and contortions, all he was able to disgorge was a little frothy swamp-grass. At the sight of this, the boy called to him to desist from his efforts, saying that he knew him to be only an empty boaster. He then transformed him into the animal which now bears his name, taking his human nature from him as a punishment for his deception and boasting.

Passing on from there, they at length came to the Thompson River, where two old witch-women were spearing salmon. They had made a strong wicker dam across the stream, which, being too high for the salmon to leap, prevented the fish from ascending the river; the consequence of which was that all who lived above got no salmon. The boys stopped awhile to watch the women at work, and after observing their tactics, the youngest, who by this time was known by his name of Sqaktktquaclt or Benign-face, asked the women why they kept all the salmon from going up the river beyond them. "We do not care about the people up the river, we want the salmon for ourselves," said they. "We have 'medicine' here which enables us to keep off all who would interfere with us." "What sort of 'medicine' have


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/772

 92 STAT. 2052

PUBLIC LAW 95-541—OCT. 28, 1978

(II) the variety of species and the balance of the natural ecological systems with Antarctica and maintained. (B) Permits authorizing the taking of specially protected species may be issued only if— (i) there is a compelling scientific purpose for such taking; and (ii) the actions allowed under any such permit will not jeopardize any existing natural ecological system, or the survival, of such species. (C) Permits authorizing the entry into any specially protected area— (i) may be issued only if— (I) there is a compelling scientific purpose for such entry which cannot be served elsewhere, and (II) the actions allowed under any such permit will not jeopardize the natural ecological system existing in such area; and (ii) shall not allow the operation of any surface vehicle within such area. (D) Permits authorizing the entry into any site of special scientific interest shall be consistent with the management plan prescribed under section 6(b)(3) for such site. (e) JUDICIAL REVIEW.—Any applicant for a permit may obtain judicial review of the terms and conditions of any permit issued by the Director under this section or of the refusal of the Director to issue such a permit. Such review, which shall be pursuant to chapter 5 USC 701 et seq. 7 of title 5, United States Code, may be initiated by filing a petition for review in the United States district court for the district wherein the applicant for a permit resides, or has his principal place of business, or in the United States District Court for the District of Columbia, within 60 days after the date on which such permit is issued or denied. (f)(1) MODIFICATION, SUSPENSION, AND REVOCATION.—The Director may modify, suspend, or revoke, in whole or part, any permit issued under this section— (A) in order to make the permit consistent with any change made after the date of issuance of the permit, to any regulation prescribed under section 6; (B) if there is any change in conditions which makes the permit inconsistent with the purpose of this Act; or (C) in any case in which there has been any violation of any term or condition of the permit, any regulation prescribed under this Act, or any provision of this Act. (2) Whenever the Director proposes any modification, suspension, or revocation of a permit under this subsection, the permittee shall be afforded opportunity, after due notice, for a hearing by the Director with respect to such proposed modification, suspension, or revocation. If a hearing is requested, the action proposed by the Director shall not take effect before a decision is issued by him after the hearing, unless the proposed action is taken by the Director to meet an emergency situation. Any action taken by the Director after such a hearing is subject to juciicial review on the same basis as is provided for with respect to permit applications under subsection (e). Notice, (3) Notice of the modification, suspension, or revocation of any publication in permit by the Director shall be published in the Federal Register Federal Register, ^jthin 10 days from the date of the Director's decision.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/773

 PUBLIC LAW 95-541—OCT. 28, 1978

92 STAT. 2053

(g) PERMIT FEES.—The Director may establish and charge fees for processing applications for permits under this section. The amount of such fees shall be commensurate with the administrative costs incurred by the Director in undertaking such processing. SEC. 6. REGULATIONS.

16 USC 2405.

(a) IN GENERAL.—The Director, after consultation with the Secre- Consultation, tary of State and other appropriate Federal officials, shall prescribe such regulations as are necessary and appropriate to implement the provisions of this Act. (b) SPECIFIC REGULATIONS.—The regulations required to be prescribed under subsection (a) shall include, but shall not be limited to, regulations which— (1) designate, as native species— (A) each species of the class Aves, (B) each species of the class Mammalia, and (C) each species of plant, which is indigenous to Antarctica or occurs in Antarctica through natural agencies of dispersal; (2) specify those actions which must, and those actions which must not, be taken within Antarctica in order to protect, in accordance with the applicable provisions of the Agreed Measures, 17 UST 991. members of each native species designated under paragraph (1); (3) identify, as a site or special scientific interest, each area approved by the United States in accordance with Recommendation V H I - 3 of the Eighth Antarctic Treaty Consultative Meeting as having unique value for scientific investigation and needing protection from interference, and prescribe a management plan for such site which is consistent with any management plan approved by the United States for such site in accordance with such Recommendation; (4) identify, as a specially protected area, each area designated for special protection under the Agreed Measures because of its outstanding scientific or ecological interest; (5) designate, as a specially protected species, any native species of mammal or bird which is approved by the United States for special protection under the Agreed Measures; (6) designate as a pollutant any substance which the Director finds liable, if the substance is introduced into Antarctica, to create hazards to human health, to harm living resources or marine life, to damage amenities, or to interfere with other legitimate uses of Antarctica; (7) specify those actions which must, and those actions which must not, be taken in order to prevent or control the discharge or other disposal of pollutants, from any source within Antarctica; (8) designate those animals and plants, not indigenous to Antarctica, which either may, or may not, be introduced into Antarctica, and specify those control measures which must be observed with respect to any such animals or plants which are allowed to be so introduced; (9i) specify the emergency circumstances with respect to which the exclusion set forth in the last sentence of section 4(a) applies; and (10) set forth the form, content, and manner of filing, if applicable, of all notices, reports, declarations, or other documentation which may be required incident to the carrying out of any act for which a permit is required under section 5.

�