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action taken by the President under the preceding sentence shall cease to apply (1) if a negative determination is made by the Commission under subsection (a) with respect to imports of such article, on the day on which the Commission's report of such determination is submitted to the President, or (2) if an affirmative determination is made by the Commission under subsection (a) with respect to imports of such article, on the day on which the action taken by the President pursuant to such determination becomes effective. (d)(1) A petition may be filed with the President by an entity described in section 201(a)(1) requesting the President to initiate consultations provided for by the safeguard arrangements of any agreement entered into under section 405 with respect to imports of an article which is the product of the country which is the other party to such agreement. (2) If the President determines that there are reasonable grounds to believe, with respect to imports of such article, that market disruption exists with respect to an article produced by a domestic industry, he shall initiate consultations with such country with respect to such imports. (e) For purposes of this section— (1) The term "Communist country" means any country dominated, or controlled by communism. (2) Market disruption exists within a domestic industry whenever imports of an article, like or directly competitive with an article produced by such domestic industry, are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat thereof, to such domestic industry. SEC. 407. PROCEDURE FOR CONGRESSIONAL APPROVAL OR DISAPPROVAL OF EXTENSION OF NONDISCRIMINATORY TREATMENT AND PRESIDENTIAL REPORTS.

(a) Whenever the President issues a proclamation under section 404 extending nondiscriminatory treatment to the products of any foreign country, he shall promptly transmit to the House of Ile]>resentatives and to the Senate a document setting forth the proclamation and the agreement the proclamation proposes to implement, together with his reasons therefor. (b) The President shall transmit to the House of Representatives and the Senate a document containing the initial report submitted by him under section 402(b) or 409(b) with respect to a nonmarket economy country. On or before December 31 of each year, the President shall transmit to the House of Representatives and the Senate, a document containing the report required by section 402(b) or 409(b) as the case may be, to be submitted on or before such December 31. (c)(1) In the case of a document referred to in subsection (a) (other than a document to which paragraph (2) applies), the proclamation set forth therein may become effective and the agreement set forth therein may enter into force and effect only if the House of Representatives and the Senate adopt, by an affirmative vote of a majority of those present and voting in each House, a concurrent resolution of approval (under the procedures set forth in section 151) of the extension of nondiscriminatory treatment to the products of the country concerned. (2) In the case of a document referred to in subsection (a) which sets forth an agreement entered into before the date of the enactment of this Act and a proclamation implementing such agreement, such proclamation may become effective and such agreement may enter into force and effect after the close of the 90-day period beginning on the day on which such document is delivered to the House of Representatives and to the Senate, unless during such 90-day period either the

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"Communist country."

19 USC 2437.

^"^^' P- 2001.

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House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution Ante, p. 2004. ^^ disapproval (under the procedures set forth in section 152) of the extension of nondiscriminatory treatment to the products of the country concerned. (3) In the case of a document referred to in subsection (b) which contains a report submitted by the President under section 402(b) or 409(b) with respect to a nonmarket economy country, if, before the close of the 90-day period beginning on the day on which such document is delivered to the House of Representatives and to the Senate, either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval (under the procedures set forth in section 152) of the report submitted by the President with respect to such country, then, beginning with the day after the date of the adoption of such resolution of disapproval, (A) nondiscriminatory treatment shall not be in force with respect to the products of such country, and the products of such country shall be dutiable at the rates set forth in 19 USC 1202. j.^j.^ column numbered 2 of the Tariff Schedules of the United States, (B) such country may not participate in any program of the Government of the United States which extends credit or credit guarantees or investment guarantees, and (C) no commercial agreement may thereafter be concluded with such country under this title. 19 USC 2438. SEC. 408. PAYMENT BY CZECHOSLOVAKIA OF AMOUNTS OWED UNITED STATES CITIZENS AND NATIONALS. (a) The arrangement initialed on July 5, 1974, with respect to the settlement of the claims of citizens and nationals of the United States against the Government of Czechoslovakia shall be renegotiated and shall be submitted to the Congress as part of any agreement entered into under this title with Czechoslovakia. (b) The United States shall not release any gold belonging to Czechoslovakia and controlled directly or indirectly by the United States pursuant to the provisions of the Paris Reparations Agree61 Stat. 3157. mcnt of January 24, 1946, or otherwise, until such agreement has been approved by the Congress. 19 USC 2439. gEc^ 409. FREEDOM TO EMIGRATE TO JOIN A VERY CLOSE RELATIVE IN THE UNITED STATES. (a) To assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and notwithstanding any other provision of law, on or after the date of the enactment of this Act, no nonmarket economy country shall participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—• / (1) denies its citizens the right or opportunity to join permanently through emigration, a very close relative in the United State, such as a spouse, parent, child, brother, or sister; (2) imposes more than a nominal tax on the visas or other documents required for emigration described in paragraph (1); or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate as described in paragraph (1), and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).

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(b) After the date of the enactment of this Act, (A) a nonmarket economy country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (B) the President may conclude a com- c<frf res's!° mercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of its laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate to the United States to join close relatives. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter, so long as such credits or guarantees are extended or such agreement is in effect. (c) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on the date of enactment of t h i s Act.

19 USC 1202.

(d) During any period that a waiver is in effect with respect to any nonmarket economy country under section 402(c), the provisions of subsections (a) and (b) shall not apply with respect to such country. SEC. 410. EAST-WEST TRADE STATISTICS MONITORING SYSTEM. 19 USC 2440. The International Trade Commission shall establish and maintain a program to monitor imports of articles into the United States from nonmarket economy countries and exports of articles from the United States to nonmarket economy countries. To the extent feasible, the Commission shall coordinate such program with any relevant data gathering programs presently conducted by the Secretary of Commerce. The Secretary of Commerce shall provide the Commission with any information which, in the determination of the Commission, is necessary to carry out this section. The Commission shall publish da^ta'"t^an^smittai a detailed summary of the data collected under the East-West Trade to Congress. Statistics Monitoring System not less frequently than once each calendar quarter and shall transmit such publication to the East-West Foreign Trade Board and to Congress. Such publication shall include data on the effect of such imports, if any, on the production of like, or directly competitive, articles in the United States and on employment within the industry which produces like, or directly competitive, articles in the United States. SEC. 411. EAST-WEST FOREIGN TRADE BOARD. 19 USC 2441. (a) The President shall establish an East-West Foreign Trade Establishment. Board (hereinafter referred to as the "Board") to monitor trade between persons and agencies of the United States Government and nonmarket economy countries or instrumentalities of such countries to insure that such trade will be in the national interest of the United States. (b)(1) Any person who exports technology vital to the national Report. interest of the United States to a nonmarket economy country or an instrumentality of such country, and any agency of the United States which provides credits, guarantees or insurance to such country or such instrumentality in an amount in excess of $5,000,000 during any calendar year, shall file a report with the Board in such form and manner as the Board requires which describes the nature and terms of such export or such provision. (2) For purposes of paragraph (1), if the total amount of credits, guarantees and insurance which an agency of the United States provides to all nonmarket economy countries and the instrumentalities

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of such countries exceeds $5,000,000 during a calendar year, then all subsequent provisions of credits, guarantees or insurance in any amount, during such year shall be reported to the Board under the provisions of paragraph (1). (c) The Board shall submit to Congress a quarterly report on trade between the United States and nonmarket economy countries and instrumentalities of such countries. Such report shall include a review of the status of negotiations of bilateral trade agreements between the United States and such countries under this title, the activities of joint trade commissions created pursuant to such agreements, the resolution of commercial disputes between the United States and such countries, any exports from such countries which have caused disruption of United States markets, and recommendations for the promotion of east-west trade in the national interest of the United States.

TITLE V—GENERALIZED SYSTEM OF PREFERENCES 19 USC 2461.

SEC 5Q1 AUTHORITY TO EXTEND PREFERENCES.

The President may provide duty-free treatment for any eligible article from any beneficiary developing country in accordance with the provisions of this title. In taking any such action, the President shall have due regard for— (1) the effect such action will have on furthering the economic development of developing countries; (2) the extent to which other major developed countries are undertaking a comparable effort to assist developing countries by granting generalized preferences with respect to imports of products of such countries; and (3) the anticipated impact of such action on United States producers of like or directly competitive products. 19 USC 2462.

SEC. 502. BENEFICIARY DEVELOPING COUNTRY.

devfio"ln'^'co^n(^) ^^"^ ^^^ purposes of this title, the term "beneficiary developing try." country" means any country with respect to which there is in effect an Executive order by the President of the United States designating such country as a beneficiary developing country for purposes of this title. Before the President designates any country as a beneficiary developing country for purposes of this title, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision. (2) If the President has designated any country as a beneficiary developing country for purposes of this title, he shall not terminate such designation (either by issuing an Executive order for that purpose or by issuing an Executive order which has the effect of terminating such designation) unless, at least 60 days before such termination, he has notified the House of Representatives and the Senate and has notified such country of his intention to terminate such designation, together with the considerations entering into such decision. "Country." (g) jQr purposes of this title, the term "country" means any foreign country, any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands. I n the case of an association of countries which is a free trade area or customs union, the President may by Executive order provide that all members of such association other than members which are barred from designation under subsection (b) shall be treated as one country for purposes of this title.

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(b) No designation shall be made under this section with respect to J! j-1

J! 11

•

••

any oi the rollowing: Australia Japan Austria Monaco Canada New Zealand Czechoslovakia Norway European Economic ComPoland munity member states Republic of South Africa Finland Sweden Germany (East) Switzerland Hungary Union of Soviet Socialist Iceland Republics I n addition, the President shall not designate any country a beneficiary developing country under this section— (1) if such country is a Communist country, unless (A) the products of such country receive nondiscriminatory treatment, (B) such country is a contracting party to the General Agreement on Tariffs and Trade and a member of the International Monetary Fund, and (C) such country is not dominated or controlled by international communism; (2) if such country is a member of the Organization of Petroleum Exporting Countries, or a party to any other arrangement of foreign countries, and such country participates in any action pursuant to such arrangement the effect of which is to withhold supplies of vital commodity resources from international trade or to raise the price of such commodities to an unreasonable level and to cause serious disruption of the world economy; withhold supplies of vital commodity resources from international trade or to raise the price of such commodities to an unreasonable level which causes serious disruption of the world economy; (3) if such country affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce, unless the President has received assurances satisfactory to him that such preferential treatment will be eliminated before January 1, 1976, or that action will be taken before January 1, 1976, to assure that there will be no such significant adverse effect, and he reports those assurances to the Congress; (4) if such country— (A) has nationalized, expropriated, or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, (B) has taken steps to repudiate or nullify an existing contract or agreement with a United States citizen or a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property so owned, or (C) has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property, unless—

Designation restriction.

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(D) the President determines that— (i) prompt, adequate, and effective compensation has been or is being made to such citizen, corporation, partnership, or association, (ii) good faith negotiations to provide prompt, adequate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or (iiij a dispute involving such citizen, corporation, partnership, or association over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and promptly furnishes a copy of such determination to the Senate and House of Representatives; (5) if such country does not take adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances (as listed in the schedules in section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812)) produced, processed, or transported in such country from entering the United States unlawfully; and (6) if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership or association which is 50 percent or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute. Paragraphs (4), (5), and (6) shall not prevent the designation of any country as a beneficiary developing country under this section if the President determines that such designation will be in the national economic interest of the United States and reports such determination to the Congress with his reasons therefor. (c) I n determining whether to designate any country a beneficiary developing country under this section, the President shall take into account— (1) an expression by such country of its desire to be so designated; (2) the level of economic development of such country, including its per capita gross national product, the living standards of its inhabitants, and any other economic factors which he deems appropriate; (3) whether or not the other major developed countries are extending generalized preferential tariff treatment to such count r y; and (4) the extent to which such country has assured the United States it Avill provide equitable and reasonable access to the markets and basic commodity resources of such country. (d) General headnote 3(a) to the Tariff Schedules of the United States (19 U.S.C. 1202) (relating to products of insular possessions) is amended by adding at the end thereof the following new paragraph: " (iii) Subject to the limitations imposed under sections 503(b) and 504(c) of the Trade Act of 1974, articles designated eligible articles under section 503 of such Act which are imported from an insular possession of the United States shall receive duty treat-

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ment no less favoiable than the treatment afforded such articles imported from a beneficiary developing comitry under title V of such Act." (e) The President may exempt from the application of paragraph (2) of subsection (b) any country during the period during which such country (A) is a party to a bilateral or multilateral trade agreement to which the United States is also a party if such agreement fulfills the negotiating objectives set forth in section 108 of assuring the United States fair and equitable access at reasonable prices to supplies of articles of commerce important to the economic requirements of the United States and (B) is not in violation of such agreement by action denying the United States such fair and equitable access. SEC. 503. ELIGIBLE ARTICLES.

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emptions. u s e 2462.

19 USC 2 4 6 3.

(a) The President shall, from time to time, publish and furnish the International Trade Commission with lists of articles which may be considered for designation as eligible articles for purposes of this title. Before any such list is furnished to the Commission, there shall be in effect an Executive order under section 502 designating beneficiary developing countries. The provisions of sections 131, 132, 133, Ante, and 134 of this Act shall be complied with as though action under 1995. pp. 1994, section 501 were action under section 101 of this Act to carry out a Ante, p. 1982. trade agreement entered into under section 101. After receiving the advice of the Commission with respect to the listed articles, the President shall designate those articles he considers appropriate to be eligible articles for purposes of this title by Executive order. (b) The duty-free treatment provided under section 501 with respect to any eligible article shall apply only— (1) to an article which is imported directly from a beneficiary developing country into the customs territory of the United States; and (2)(A) if the sum of (i) the cost or value of the materials produced in the beneficiary developing country plus (ii) the direct costs of processing operations performed in such beneficiary developing country is not less than 35 percent of the appraised value of such article at the time of its entry into the customs territory of the United States; or (B) if the sum of (i) the cost or value of the materials produced in 2 or more countries which are members of the same association of countries which is treated as one country under section 502(a)(3), plus (ii) the direct costs of processing operations performed in such countries is not less than 50 percent of the appraised value of such article at the time of its entry into the customs territory of the United States. For purposes of paragraph (2)(A), the term "country" does not " e o u n t r y. " include an association of countries which is treated as one country under section 502(a)(3) but does include a country which is a member of any such association. The Secretary of the Treasury shall prescribe R e g u l a t i o n s. such regulations as may be necessary to carry out this subsection. (c)(1) The President may not designate any article as an eligible a rImport-sensitive ticles. article under subsection (a) if such article is within one of the following categories of import-sensitive articles— (A) textile and apparel articles which are subject to textile agreements, (B) watches, (C) import-sensitive electronic articles, (D) import-sensitive steel articles.

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(E) footwear articles specified in items 700.05 through 700.27, 700.29 through 700.53, 700.55.23 through 700.55.75, and 700.60 19 USC 1202. through 700.80 of the Tariff Schedules of the United States, (F) import-sensitive semimanufactured and manufactured glass products, and (G) any other articles which the President determines to be import-sensitive in the context of the Generalized System of Preferences. (2) No article shall be an eligible article for purposes of this title for any period during which such article is the subject of any action Ante, p. 2 015. proclaimed pursuant to section 203 of this Act or section 232 or 351 of 198^1 "^^ ^ ^^^' ^^® ^^ "^® P^xpansion Act of 1962. 19 USC 2464.

SEC. 504. LIMITATIONS ON PREFERENTIAL TREATMENT.

(a) The President may withdraw, suspend, or limit the application of the duty-free treatment accorded under section 501 with respect to any article or with respect to any country; except that no rate of duty may be established in respect of any article pursuant to this section other than the rate which would apply but for this title. In taking any action under this subsection, the President shall consider the factors set forth in sections 501 and 502 (c). Beneficiary (^^ 'j^j^g President shall, after complying with the requirements of try'[^designa^ti'"n' section 502(a)(2), withdraw or suspend the designation of any country withdrawal or as a beneficlary developing country if, after such designation, he suspension. determines that as the result of changed circumstances such country would be barred from designation as a beneficiary developing country under section 502(b). Such country shall cease to be a beneficiary developing country on the day on which the President issues an Executive order revoking his designation of such country under section 502. (c)(1) Whenever the President determines that any country— (A) has exported (directly or indirectly) to the United States during a calendar year a quantity of an eligible article having an appraised value in excess of an amount which bears the same ratio to $25,000,000 as the gross national product of the United States for the preceding calendar year, as determined by the Department of Commerce, bears to the gross national product of the United States for calendar year 1974, or (B) except as provided m subsection (d), has exported (either directly or indirectly) to the United States a quantity of any eligible article equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during any calendar year, then, not later than 60 days after the close of such calendar year, such country shall not be treated as a beneficiary developing country with Publication in respect to such article, except that, if before such 60th day, the PresiFederal Register. dent determines and publishes in the Federal Register that, with respect to such country— (i) there has been an historical preferential trade relationship between the United States and such country, (ii) there is a treaty or trade agreement in force covering economic relations between such country and the United States, and (iii) such country does not discriminate against, or impose unjustifiable or unreasonable barriers to, United States commerce, then he may designate, or continue the designation of, such country as a beneficiary developing country with respect to such article. (2) A country which is no longer treated as a beneficiary developing country with respect to an eligible article by reason of this subsection

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may be redesignated, subject to the provisions of section 502, a beneficiary developing country with respect to such article if imports of such article from such country did not exceed the limitations in paragraph (1) of this subsection during the preceding calendar year. (d) Subsection (c)(1)(B) does not apply with respect to any eligible article if a like or directly competitive article is not produced on the date of enactment of this Act in the United States. (e) No action pursuant to section 501 may affect any tariff duty. ^"'"•^° ^'^°j imposed by the Legislature of Puerto Kico pursuant to section 319 of'J^ty'^^ the Tariff Act of 1930 (19 U.S.C. sec. 1319) on coffee imported into Puerto Rico. SEC. 505. TIME LIMIT ON TITLE; COMPREHENSIVE REVIEW.

(a) No duty-free treatment under this title shall remain in effect after the date which is 10 years after the date of the enactment of this Act. (b) On or before the date which is 5 years after the date of the enactment of this Act, the President shall submit to the Congress a full and complete report of the operation of this title.

19 USC 2465.

Presidential

report to Congress.

TITLE VI—GENERAL PROVISIONS SEC. 601. DEFINITIONS.

For purposes of this Act— (1) The term "duty" includes the rate and form of any import duty, including but not limited to tariff-rate quotas. (2) The term "other import restriction" includes a limitation, prohibition, charge, and exaction other than duty, imposed on importation or imposed for the regulation of importation. The term does not include any orderly marketing agreement. (3) The term "ad valorem" includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period. (4) The term "ad valorem equivalent" means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during the most recent representative period. I n determining the value of imports, the President shall utilize, to the maximum extent practicable, the standards of valuation contained in section 402 or 402a of the Tariff Act of 1930 (19 U.S.C. sec. 1401a or 1402) applicable to the article concerned during such representative period. (5) An imported article is "directly competitive with" a domestic article at an earlier or later stage of processing, and a domestic article is "directly competitive with" an imported article at an earlier or later stage of processing, if the importation of the article has an economic effect on producers of the domestic article comparable to the effect of importation of articles in the same stage of processing as the domestic article. For purposes of this paragraph, the unprocessed article is at an earlier stage of processing.

19 USC 2481,

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19 USC 1352.

19 USC 1872.

19 USC 1981.

Repeals.

Repeals.

note."^^ ^^°^ 19 USC 1801 note, 1360 note, 19 USC 13 51.

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(6) The term "modification", as applied to any duty or other import restriction, includes the elimination of any duty or other import restriction. (7) The term "existing" means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this Act, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of schedules 1 through 7 of the Tariff Schedules of the United States on the date specified or (if no date is specified) on the day referred to in clause (A). (8) A product of a country or area is an article which is the growth, produce, or manufacture of such country or area. (9) The term "nondiscriminatory treatment" means mostfavored-nation treatment. (10) The term "commerce" includes services associated with international trade. SEC. 602. RELATION TO OTHER LAWS.

(a) The second and third sentences of section 2(a) of the Act entitled "An Act to amend the Tariff Act of 1930," approved June 12, 1934, as amended (19 U.S.C. sec. 1352(a)), are each amended by striking out "this Act or the Trade Expansion Act of 1962" and inserting in lieu thereof "this Act or the Trade Expansion Act of 1962 or the Trade Act of 1974". (b) Section 242 of the Trade Expansion Act of 1962 is amended as follows: (1) by striking out "351 and 352" in subsection (a) and inserting in lieu thereof "201, 202, and 203 of the Trade Act of 1974"; (2) by striking out "with respect to tariff adjustment" in subsection (b)(2); (3) by striking out "301(e)" in subsection (b)(2) and inserting in lieu thereof "201 (d) of the Trade Act of 1974"; (4) by striking out "concerning foreign import restrictions" in subsection (b)(3); and (5) by striking out "section 252(d)" each place it appears and inserting in lieu thereof "subsections (c) and (d) of section 301 of the trade Act of 1974". (c) Section 351(c)(1)(B) of the Trade Expansion Act of 1962 is amended by striking out "unless extended under paragraph (2)," and inserting in lieu thereof the following: "unless extended under section 203 of the Trade Act of 1974,". ((J) Sectious 202, 211, 212, 213, 221, 222, 223, 224, 225, 226, 231, 241, 243, 252, 253, 254, 255(a), 256, so much of 301 and 302 as is not repealed by subsection (e), 351(c)(2) and (d)(3), 361, 401, 402, 403, 404, and 405 (1), (3), (4), and (5) of the Trade Expansion Act of 1962 are repealed. (g) Sectious 301(a)(2) and (3), (c), (d)(2), (f)(1) and (3), 302(b)(1) and (2), (c), (d), and (e), 311 through 315, 317(a), 321 through 338 of the Trade Expansion Act of 1962 are repealed on the 90th day following the date of the enactment of this Act. (f) ^^1 provisions of law (other than this Act, the Trade Expansion Act of 1962, and the Trade Agreements Extension Act of 1951) in gflfg^^ ^f<-gj. ^^^ ^^^^ ^f enactment of this Act, referring to section 350 of the Tariff Act of 1930, to that section as amended, to the Act entitled "An Act to amend the Tariff Act of 1930," approved June 12, 1934, to

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that Act as amended or to the Trade Expansion Act of 1962, or to 19 USC isoi agreements entered into, or proclamations issued, or actions taken note. under any of such provisions, shall be constiTied, unless clearly precluded by the Context, to refer also to this Act, or to agreements entered into or proclamations or orders issued, pursuant to this Act. SEC. 603. INTERNATIONAL TRADE COMMISSION. 19 USC 2482 (a) I n order to expedite the performance of its functions under this Act, the International Trade Commission may conduct preliminary investigations, determine the scope and manner of its proceedings, and consolidate proceedings before it. (b) I n performing its functions under this Act, the Commission may exercise any authority granted to it under any other Act. (c) The Commission shall at all times keep informed concerning the operation and effect of provisions relating to duties or other import restrictions of the United States contained in trade agreements entered into under the trade agreements program. SEC. 604. CONSEQUENTIAL CHANGES IN THE TARIFF SCHEDULES. 19 USC 2483 The President shall from time to time, as appropriate, embody in the Tariff Schedules of the United States the substance of the relevant ^ ^ "^*^ ^^02 provisions of this Act, and of other Acts affecting import treatment^ and actions thereunder, including modification, continuance, or imposition of any rate of duty or other import restriction. SEC. 605. SEPARABILITY. 19 USC 2101 If any provision of this Act or the application of any provision "°*^' to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the application of such provision to other circumstances or persons, shall not be affected thereby. SEC. 6C6. INTERNATIONAL DRUG CONTROL. 19 USC 2484 P s i The President shall submit a report to Congress at least once each portr etoi deeonnt garle ress. calendar year listing those foreign countries in which narcotic drugs and other controlled substances (as listed under section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812)) are produced, processed, or transported for unlawful entry into the United States. Such report shall include a description of the measures such countries are taking to prevent such production, processing, or transport. SEC. 607. VOLUNTARY LIMITATIONS ON EXPORTS OF STEEL TO THE 19 USC 2485. UNITED STATES. No person shall be liable for damages, penalties, or other sanctions under the Federal Trade Commission Act (15 U.S.C. 41-77) or the Antitrust Acts (as defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44)), or under any similar State law, on •account of his negotiating, entering into, participating in, or implementing an arrangement providing for the voluntary limitation on exports of steel and steel products to the United States, or any modification or renewal of such an arrangement, if such arrangement or such modification or renewal— (1) was undertaken prior to the date of the enactment of this Act at the request of the Secretary of State or his delegate, and (2) ceases to be effective not later than January 1, 1975. SEC. 608. UNIFORM STATISTICAL DATA ON IMPORTS, EXPORTS, AND PRODUCTION. (a) Section 484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e)) is amended to read as follows: "(e) STATISTICAL ENUMERATION.—The Secretary of the Treasury,

the Secretary of Commerce, and the United States International Trade

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Commodity classification systems, study. 19 USC 1484 note. 19 USC 1484.

Report to Congress and President.

Investigation. 19 USC 1484 note. 19 USC 1332. Report to Congress and President.

Report to Congress and President. Federal agenc i e s, cooperation. 19 USC 1484 note. Effective date. 19 USC 1484 note.

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Commission are authorized and directed to establish from time to time for statistical purposes an enumeration of articles in such detail as in their judgment may be necessary, comprehending all merchandise imported into the United States and exported from the United States, and shall seek, in conjunction with statistical programs for domestic production, to establish the comparability thereof with such enumeration of articles. All import entries and export declarations shall include or have attached thereto an accurate statement specifying, in terms of such detailed enumeration, the kinds and quantities of all merchandise imported and exported and the value of the total quantity of each kind of article.". (b) i n carrying out the responsibilities under section 484(e), Tariff Act of 1930 and other pertinent statutes, the Secretary of Commerce and the United States International Trade Commission shall conduct jointly a study of existing commodity classification systems with a view to identifying the appropriate principles and concepts which should guide the organization and development of an enumeration of articles which would result in comparability of United States import, production, and export data. The Secretary and the United States International Trade Commission shall submit a report to both Houses of Congress and to the President with respect to such study no later than August 1, 1975. (c) In further connection with its responsibilities pursuant to subsections (a) and (b), the United States International Trade Commission shall undertake an investigation under section 332(g) of the Tariff Act of 1930 which would provide the basis for— (1) a report on the appropriate concepts and principles which should underlie the formulation of an international commodity code adaptable for modernized tariff nomenclature purposes and for recording, handling, and reporting of transactions in national and international trade, taking into account how such a code could meet the needs of sound customs and trade reporting practices reflecting the interests of United States and other countries, such report to be submitted to both Houses of Congress and to the President as soon as feasible, but in any event, no later than June 1, 1975; and (2) full and immediate participation by the United States International Trade Commission in the United States contribution to technical work of the Harmonized Systems Committee under the Customs Cooperation Council to assure the recognition of the needs of the United States business community in the development of a Harmonized Code reflecting sound principles of commodity identification and specification and modern producing methods and trading practices, and, in carrying out sudi reponsibilities, the Commission shall report to both Houses of Congress and to the President, as it deems appropriate. (d) The President is requested to direct the appropriate agencies to cooperate fully with the Secretary of Commerce and the United States International Trade Commission in carrying out their responsibilities under subsections (a), (b), and (c). (e) The amendment made by subsection (a) insofar as it relates to export declarations shall take effect on January 1, 1976. SEC. 609. SUBMISSION EXPORTS.

OF STATISTICAL DATA ON IMPORTS AND

(a) Section 301 of title 13, United States Code, is amended— (1) by inserting " (a) " before "The Secretary"; and

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(2) by adding at the end thereof the following new subsections: " (b) The Secretary shall submit to the Committee on Ways and •» r

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statistics, submittal to congres-

Means oi the House ot Representatives and the Committee on i^ mance sionai committees. of the Senate, on quarterly and cumulative bases, statistics on United States imports for consumption and United States exports by country and by product. Statistics on United States imports shall be submitted in accordance with the Tariff Schedules of the United States Annotated and general statistical headnote 1 thereof, in detail as follows: " (1) net quantity; "(2) United States customs value; "(3) purchase price or its equivalent; "(4) equivalent of arm's length value; "(5) aggregate cost from port of exportation to United States port of entry; "(6) a United States port of entry value comprised of (5) plus (4), if applicable, or, if not applicable, (5) plus (3); and "(7) for transactions where (3) and (4) are equal, the total value of such transactions. The data for paragraphs (1), (2), (3), (5), and (6) shall be reported separately for nonrelated and related party transactions, and shall also be reported as a total of all transactions. "(c) I n submitting any information under subsection (b) with respect to exports, the Secretary shall state separately from the total value of all exports— "(1)(A) the value of agricultural commodities exported under the Agricultural Trade Development and Assistance Act of 1954, as amended; and „iy^^ ^^^^ note. " (B) the total amount of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities; and "(2) the value of goods exported under the Foreign xVssistance Act of

1961.

22 USC 2151 note.

" (d) To assist the Secretary to carry out the provisions of subsections (b) and (c) — "(1) the Secretary of Agriculture shall furnish information to the Secretary concerning the value of agricultural commodities exported under provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended, and the total amounts of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities; and "(2) the Secretary of State shall furnish information to the Secretary concerning the value of goods exported under the provisions of the Foreign Assistance Act of 1961, as amended." (b) The amendments made by subsection (a) shall take effect on Effective date. 13 USC 301 January 1, 1975. note. SEC. 610. GIFTS SENT FROM INSULAR POSSESSIONS.

(a) Section 3 2 1 (a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(A)) is amended by inserting after "United States" the following: "($20, in the case of articles sent as bona fide gifts from persons in the Virgin Islands, Guam, and American Samoa)". (b) The amendment made by subsection (a) shall apply with 19 USC respect to articles entered, or withdrawn from warehouse, for con- note sumption after the date of the enactment of this Act. 19 USC SEC. 611. REVIEW OF PROTESTS IN IMPORT SURCHARGE CASES. Notwithstanding the provisions of section 515(a) of the Tariff Act note. of 1930 (19 U.S.C. 1516(a)), in the case of any protest under section 514 of such Act involving the imposition of an import surcharge in the 19 USC

1321

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Carey v. Population Services International/Concurrence White

Mr. Justice White, concurring in part and concurring in the result.

I join Parts I, III, and V of the Court's opinion and concur in the result with respect to Part IV.

Although I saw no reason in Eisenstadt v. Baird, 405 U.S. 438 (1972), to reach "the novel constitutional question whether a State may restrict or forbid the distribution of contraceptives to the unmarried," id., at 465 (concurring in result), four of the seven Justices participating in that case held that in this respect the rights of unmarried persons were equal to those of the married. Given Eisenstadt and given the decision of the Court in the abortion case, Roe v. Wade, 410 U.S. 113 (1973), the result reached by the Court in Part III of its opinion appears warranted. I do not regard the opinion, however, as declaring unconstitutional any state law forbidding extramarital sexual relations. On this assumption I join Part III.

I concur in the result in Part IV primarily because the State has not demonstrated that the prohibition against distribution of contraceptives to minors measurably contributes to the deterrent purposes which the State advances as justification for the restriction. Again, however, the legality of state laws forbidding premarital intercourse is not at issue here; and, with Mr. Justice Steve, "I would describe as 'frivolous' appellees' argument that a minor has the constitutional right to put contraceptives to their intended use, notwithstanding the combined objection of both parents and the State," post, at 713.

In joining Part V of the Court's opinion, I should also say that I agree with the views of Mr. Justice Stevens expressed in Part II of his separate opinion.


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02nofer^''*

1202 note

19 USC 1514 19 USC 2486

19 USC 2487.

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form of a supplemental duty pursuant to Presidential Proclamation 4074, dated August 17, 1971, the time for review and allowing or denying the protest shall not expire until five years from the date the protest was filed in accordance with such section 514. SEC. 612. TRADE RELATIONS WITH CANADA. I t is the sense of the Congress that the United States should enter into a trade agreement with Canada which will guarantee continued stability to the economies of the United States and Canada. I n order to promote such economic stability, the President may initiate negotiations for a trade agreement with Canada to establish a free trade area covering the United States and Canada. Nothing in this section shall be construed as prior approval of any legislation which may be necessary to implement such a trade agreement. SEC. 613. LIMITATION ON CREDIT TO RUSSIA.

After the date of enactment of the Trade Act of 1974, no agency of the Government of the United States, other than the Commodity Credit Corporation, shall approve any loans, guarantees, insurance, or any combination thereof, in connection with exports to the Union of Soviet Socialist Republics in an aggregate amount in excess of $300,000,000 without prior congressional approval as provided by law. Approved January 3, 1975. Public Law 93-619 January 3, 1975

l^^- '^^'^^

AttTi%lt^^ 'is^isc 3161

^^

ACT

To assist in reducing crime and the danger of recidivism by requiring speedy trials and by strengthening the supervision over persons released pending trial, 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 "Speedy Trial Act of 1974".

note.

TITLE I—SPEEDY TRIAL SEC. 101. Title 18, United States Code, is amended by adding immediately after chapter 207, a new chapter 208, as follows: "Chapter 208.—SPEEDY TRIAL "See. "3161. "3162. "3163. "3164. "3165. "3166. "3167. "3168. "3169. "3170. "3171. "3172. "3173. "3174.

18 USC 3161.

Time limits and exclusions. Sanctions. Effective dates. Interim limits. District plans—generally. District plans—contents. Reports to Congress. Planning process. Federal Judicial Center. Speedy trial data. Planning appropriations. Definitions. Sixth amendment rights. Judicial emergency.

"§3161. Time limits and exclusions. " (a) In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial.

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"(b) Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges. If an individual has been charged with a felony in a district in which no grand jury has been in session during such thirty-day period, the period of time for filing of the indictment shall be extended an additional thirty days. "(c) The arraignment of a defendant charged in an information or indictment with the commission of an offense shall be held within ten days from the filing date (and making public) of the information or indictment, or from the date a defendant has been ordered held to answer and has appeared before a judicial officer of the court in which such charge is pending whichever date last occurs. Thereafter, where a plea of not guilty is entered, the trial of the defendant shall commence within sixty days from arraignment on the information or indictment at such place, within the district, as fixed by the appropriate judicial officer. " (d) If any indictment or information is dismissed upon motion of the defendant, or any charge contained in a complaint filed against an individual is dismissed or otherwise dropped, and thereafter a complaint is filed against such defendant or individual charging him with the same offense or an offense based on the same conduct or arising from the same criminal episode, or an information or indictment is filed charging such defendant with the same offense or an offense based on the same conduct or arising from the same criminal episode, the provisions of subsections (b) and (c) of this section shall be applicable with respect to such subsequent complaint, indictment, or inforaiation, as the case may be. " (e) If the defendant is to be tried again following a declaration by the trial judge of a mistrial or following an order of such judge for a new trial, the trial shall commence within sixty days from the date the action occasioning the retrial becomes final. If the defendant is to be tried again following an appeal or a collateral attack, the trial shall commence within sixty days from the date the action occasioning the retrial becomes final, except that the court retrying the case may extend the period for retrial not to exceed one hundred and eighty days from the date the action occasioning the retrial becomes final if unavailability of witnesses or other factors resulting from passage of time shall make trial within sixty days impractical. " (f) Notwithstanding the provisions of subsection (b) of this section, for the first twelve-calendar-month period following the effective date of this section as set forth in section 8163(a) of this chapter the time limit imposed with respect to the period between arrest and indictment by subsection (b) of this section shall be sixty days, for the second such twelve-month period such time limit shall be forty-five days and for the third such period such time limit shall be thirtyfive days. " (g) Notwithstanding the provisions of subsection (c) of this section, for the first twelve-calendar-month period following the effective date of this section as set forth in section 3163(b) of this chapter, the time limit with respect to the period between arraignment and trial imposed by subsection (c) of this section shall be one hundred and eighty days, for the second such twelve-month period such time limit shall be one hundred and twenty days, and for the third such period such time limit with respect to the period between arraignment and trial shall be eighty days. " (h) The following periods of delay shall be excluded in computing ^^^^y periods, the time within which an information or an indictment must be filed, or in computing the time within which the trial of any such offense must commence:

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" (1) Any period of delay resulti ng from other proceedings concerning the defendant, including but not limited to— " (A) delay resulting from an examination of the defendant, and hearing on, his mental competency, or physical incapacity; " (B) delay resulting from an examination of the defendant pursuant to section 2902 of title 28, United States Code; " (C) delay resulting from trials with respect to other charges against the defendant; " (D) delay resulting from interlocutory appeals; " (E) delay resulting from hearings on pretrial motions; " (F) delay resulting from proceedings relating to transfer from other districts under the Federal Rules of Criminal Procedure; and " (G) delay reasonably attributable to any period, not to exceed thirty days, during which any proceeding concerning the defendant is actually under advisement. "(2) Any period of delay during'which prosecution is deferred by the attorney for the Government pursuant to written agreement with the defendant, with the approval of the court, for the purpose of allowing the defendant to demonstrate his good conduct. "(3)(A) Any period of delay resulting from the absence or unavailability of the defendant or an essential witness. " (B) For purposes of subparagraph (A) of this paragraph, a defendant or an essential witness shall be considered absent when his whereabouts are unknown and, in addition, he is attempting to avoid apprehension or prosecution or his whereabouts cannot be determined by due diligence. For purposes of such subparagraph, a defendant or an essential witness shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence or he resists appearing at or being returned for trial. "(4) Any period of delay resulting from the fact that the defendant is mentally incompetent or physically unable to stand trial. "(5) Any period of delay resulting from the treatment of the defendant pursuant to section 2902 of title 28, United States Code. " (6) If the information or indictment is dismissed upon motion of the attorney for the Government and thereafter a charge is filed against the defendant for the same offense, or any offense required to be joined with that offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been, no previous charge. "(7) A reasonable period of delay when the defendant is joined for trial with a eodefendant as to whom the time for trial has not run and no motion for severance has been granted. "(8)(A) Any period of delay resulting from a continuance granted by any judge on his own motion or at the request of the defendant or his counsel or at the request of the attorney for the Government, if the judge granted such continuance on the basis of his findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. No such period of delay resulting from a continuance granted by the court in accordance with this paragraph shall be excludable under this subsection unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial.

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" (B) The factors, among others, which a judge shall consider in deteiTnining whether to grant a continuance under subparagraph (A) of this paragraph in any case are as follows: " (i) Whether the failure to grant such a continuance in the proceeding would be likely to make a continuation of such proceeding impossible, or result in a miscarriage of justice. "(ii) Whether the case taken as a whole is so unusual and so complex, due to the number of defendants or the nature of the prosecution or otherwise, that it is unreasonable to expect adequate preparation within the periods of time established by this section. "(iii) Whether delay after the grand jury proceedings have commenced, in a case where arrest precedes indictment, is caused by the unusual complexity of the factual determination to be made by the grand jury or by events beyond the control of the court or the Government. " (C) No continuance under paragraph (8)(A) of this subsection shall be granted because of general congestion of the court's calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the attorney for the Government. "(i) If trial did not commence within the time limitation specified in section 3161 because the defendant had entered a plea of guilty or nolo contendere subsequently withdrawn to any or all charges in an indictment or information, the defendant shall be deemed indicted with respect to all charges therein contained within the meaning of section 3161, on the day the order permitting withdrawal of the plea becomes final. " (j)(l) If the attorney for the Government knows that a person charged with an offense is serving a term of imprisonment in any penal institution, he shall promptly— " (A) undertake to obtain the presence of the prisoner for trial; or " (B) cause a detainer to be filed with the person having custody of the prisoner and request him to so advise the prisoner and to advise the prisoner of his right to demand trial. "(2) If the person having custody of such prisoner receives a detainer, he shall promptly advise the prisoner of the charge and of the prisoner's right to demand trial. If at any time thereafter the prisoner informs the person having custody that he does demand trial, such person shall cause notice to that effect to he sent promptly to the attorney for the Government who caused the detainer to be filed. "(3) Upon receipt of such notice, the attorney for the Government shall promptly seek to obtain the presence of the prisoner for trial. "(4) When the person having custody of the prisoner receives from the attorney for the Government a properly supported request for temporary custody of such prisoner for trial, the prisoner shall be made available to that attorney for the Government (subject, in cases of interjurisdictional transfer, to any right of the prisoner to contest the legality of his delivery). "§3162. Sanctions. " (a)(1) If. in the case of any individual against whom a complaint is filed charging such individual with an offense, no indictment or information is filed within the time limit required by section 3161(b) as extended by section 3161(h) of this chapter, such charge against that individual contained in such complaint shall be dismissed or otherwise dropped. I n determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the

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following factore: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice. "(2) If a defendant is not brought to trial within the time limit required by section 3161(c) as extended by section 3161(h), the information or indictment shall be dismissed on motion of the defendant. The defendant shall have the burden of proof of supporting such motion but the Government shall have the burden of going forward with the evidence in connection with any exclusion of time under subparagraph 3161(h)(3). I n determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the ^^'^^"^administration of justice. Failure of the defendant to move for dismissal prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to dismissal under this section. "(b) In any case in which counsel for the defendant or the attorney for the Government (1) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial; (2) files a motion solely for the purpose of delay which he knows is totally frivolous and without merit; (3) makes a statement for the purpose of obtaining a continuance which he knows to be false and which is material to the granting of a continuance; or (4) otherwise willfully fails to proceed to trial without justification consistent with section 3161 of this chapter, the court may punish any such counsel or attorney, as follows: " (A) in the case of an appointed defense counsel, by reducing the amount of compensation that otherwise would have been paid 18 USC 3006A. IQ such couuscl pursuant to section 3006A of this title in an amount not to exceed 25 per centum thereof; " (B) in the case of a counsel retained in connection with the defense of a defendant, by imposing on such counsel a fine of not to exceed 25 per centum of the compensation to which he is entitled in connection with his defense of such defendant; " (C) by imposing on any attorney for the Government a fine of not to exceed $250; " (D) by denying any such counsel or attorney for the Government the right to practice before the court considering such case for a period of not to exceed ninety days; or " (E) by filing a report with an appropriate disciplinary committee. The authority to punish provided for by this subsection shall be in addition to any other authority or power available to such court. "(c) The court shall follow procedures established in the Federal 18 USC app. Rules of Criminal Procedure in punishing any counsel or attorney for the Government pursuant to this section. 18 USC 3163. «§3i63. Effective dates. " (a) The time limitation in section 3161(b) of this chapter— "(1) shall apply to all individuals who are arrested or served with a summons on or after the date of expiration of the twelvecalendar-month period following July 1, 1975; and "(2) shall commence to run on such date of expiration to all individuals who are arrested or served with a summons prior to the date of expiration of such twelve-calendar-month period, in connection with the commission of an offense, and with respect to which offense no information or indictment has been filed prior to such date of expiration.

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" (b) The time limitation in section 3161(c) of this chapter— "(1) shall apply to all offenses charged in informations or indictments filed on or after the date of expiration of the twelvecalendar-month period following July 1, 1975; and "(2) shall commence to run on such date of expiration as to all offenses charged in informations or indictments filed prior to that date. "(c) Section 3162 of this chapter shall become effective after the date of expiration of the fourth twelve-calendar-month period following July 1, 1975. «§ 3164. Interim limits. is use 3i64. " (a) During an interim period commencing ninety days following interim pian. July 1, 1975 and ending on the date immediately preceding the date on which the time limits provided for under section 3161(b) and section 3161(c) of this chapter become effective, each district shall place into operation an interim plan to assure priority in the trial or other disposition of cases involving— "(1) detained persons who are being held in detention solely because they are awaiting trial, and "(2) released persons who are awaiting trial and have been designated by the attorney for the Government as being of high risk. " (b) During the period such plan is in effect, the trial of any person who falls within subsection (a)(1) or (a)(2) of this section shall commence no later than ninety days following the beginning of such continuous detention or designation of high risk by the attorney for the Government. The trial of any person so detained or designated as being of high risk on or before the first day of the interim period shall commence no later than ninety days following the first day of the interim period. "(c) Failure to commence trial of a detainee as specified in subsection (b), through no fault of the accused or his counsel, or failure to commence trial of a designated releasee as specified in subiection (b), through no fault of the attorney for the Government, shall result in the au'"omatic review by the court of the conditions of release. No detainee, as defined in subsection (a), shall be held in custody pending trial after the expiration of such ninety-day period required for the commencement of his trial. A designated releasee, as defined in subsection (a), who is found by the court to have intentionally delayed the trial of his case shall be subject to an order of the court modifying his nonfinancial conditions of release under this title to insure that he shall appear at trial as required. "§3165. District plans—generally. '^ "^^ ^les. " (a) Each district court shall conduct a continuing study of the Administrau^on administration of criminal justice in the district court and before ucer^onunu'ing United States magistrates of the district and shall prepare plans for ^tudy. the disposition of criminal cases in accordance with this chapter. Each such plan shall be formulated after consultation with, and after considering the recommendations of, the Federal Judicial Center and the planning group established for that district pursuant to section 3168. The plans shall be prepared in accordance with the schedule set forth in subsection (e) of this section. "(b) The planning and implementation process shall seek to accelerate the disposition of criminal cases in the district consistent with the time standards of this chapter and the objectives of effective law enforcement, fairness to accused persons, efficient judicial administration, and increased knowledge concerning the proper functioning of the criminal law. The process shall seek to avoid underenforcement, overenforcement and discriminatory enforcement of the law, prejudice

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Submission to review p a n e l.

Annual report to J u d i c i a l Conference.

Modifications.

18 USC 3166.

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to the prompt disposition of civil litigation, and undue pressure as well as undue delay in the trial of criminal cases. "(c) The plans prepared by each district court shall be submitted for approval to a reviewing panel consisting of the membere of the judicial council of the circuit and either the chief judge of the district court whose plan is being reviewed or such other active judge of that court as the chief judge of that district court may designate. If approved by the reviewing panel, the plan shall be forwarded to the Administrative Office of the United States Courts, which office shall report annually on the operation of such plans to the Judicial Conference of the United States. " (d) The district court may modify the plan at any time with the approval of the reviewing panel. I t shall modify the plan when directed to do so by the reviewing panel or the Judicial Conference of the United States. Modifications shall be reported to the Administrative Office of the United States Courts. " (e)(1) Prior to the expiration of the twelve-calendar-month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the second and third twelvecalendar-month periods following the effective date of subsection 3161 (b) and subsection 3161(c). " (2) Prior to the expiration of the thirty-six calendar month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the fourth and subsequent twelvecalendar month periods following the effective date of subsection 3161 (b) and subsection 3161(c). "(f) Plans adopted pursuant to this section shall, upon adoption, and recommendations of the district planning group shall, upon completion, become public documents. "§3166. District plans—contents. " (a) Each plan shall include a description of the time limits, procedural techniques, innovations, systems and other methods, including the development of reliable methods for gathering and monitoring information and statistics, by which the district court, the United States attorney, the Federal public defender, if any, and private attorneys experienced in the defense of criminal cases, have expedited or intend to expedite the trial or other disposition of criminal cases, consistent with the time limits and other objectives of this chapter. "(b) Each plan shall include information concerning the implementation of the time limits and other objectives of this chapter, including: "(1) the incidence of and reasons for, requests or allowances of extensions of time beyond statutory or district standards; "(2) the incidence of. and reasons for, periods of delay under section 3161(h) of this title; "(3) the incidence of, and reasons for, the invocation of sanctions for noncompliance with time standards, or the failure to invoke such sanctions, and the nature of the sanction, if any invoked for noncompliance; "(4) the new timetable set, or requested to be set, for an extension; "(5) the effect on criminal justice administration of the prevailing time limits and sanctions, including the effects on the prosecution, the defense, the courts, the correctional process, costs, transfers and appeals;

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"(6) the incidence and length of, reasons for, and remedies for detention prior to trial, and information reqnired by the provisions of the Federal Rules of Criminal Procedure relating to the supervision of detention pending trial; "(7) the identity of cases which, because of their special characteristics, deserve separate or different time limits as a matter of statutory classifications; and " (8) the incidence of, and reasons for each thirty-day extention under section 3161(b) with respect to an indictment in that district. "(c) Each district plan required by section 3165 shall include information and statistics concerning the administration of criminal justice within the district, including, but not limited to: "(1) the time span between arrest and indictment, indictment and trial, and conviction and sentencing; "(2) the number of matters presented to the United States Attorney for prosecution, and the numbers of such matters prosecuted and not prosecuted; "(3) the number of matters transferred to other districts or to States for prosecution; "(4) the number of cases disposed of by trial and by plea; " (5) the rates of nolle prosequi, dismissal, acquittal, conviction, diversion, or other disposition; and "(6) the extent of preadjudication detention and release, by numbers of defendants and days in custody or at liberty prior to disposition. " (d) Each plan shall further specify the rule changes, statutory amendments, and appropriations needed to effectuate further improvements in the administration of justice in the district which cannot be accomplished without such amendments or funds. "(e) Each plan shall include recommendations to the Administrative Office of the United States Courts for reporting forms, procedures, and time requirements. The Director of the Administrative Office of the United States Courts, with the approval of the Judicial Conference of the United States, shall prescribe such forms and procedures and time requirements consistent with section 3170 after consideration of the recommendations contained in the district plan and the need to reflect both unique local conditions and uniform national reporting standards.

—^3167. Reports to Congress. " (a) The Administrative Office of the United States Courts, with the approval of the Judicial Conference, shall submit periodic reports to Congress detailing the plans submitted pursuant to section 3165. The reports shall be submitted within three months following the final dates for the submission of plans under section 3165(e) of this title. " (b) Such reports shall include recommendations for legislative changes or additional appropriations to achieve the time limits and objectives of this chapter. The report shall also contain pertinent information such as the state of the criminal docket at the time of the adoption of the plan; the extent of pretrial detention and release; and a description of the time limits, procedural techniques, innovations, systems, and other methods by which the trial or other disposition of criminal cases have been expedited or may be expedited in the districts. "§3168. Planning process. " (a) Within sixty days after July 1, 1975, each United States district court shall convene a planning group consisting at minimum of the Chief Judge, a United States magistrate, if any designated by the Chief Judge, the United States Attorney, the Clerk of the district

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is use 3167.

contents.

is use 3i68. Planning group.

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court, the Federal Public Defender, if any, a private attorney experienced in the defense of criminal cases in the district, the Chief United States Probation Officer for the district, and a person skilled in criminal justice research who shall act as reporter for the group. The group shall advise the district court with respect to the formulation of all district plans and shall submit its recommendations to the district court for each of the district plans required by section 3165. The group shall be responsible for the initial formulation of all district plans and of the reports required by this chapter and in aid thereof, it shall be entitled to the planning funds specified in section 3171. " (b) The planning group shall address itself to the need for reforms in the criminal justice system, including but not limited to changes in the grand jury system, the finality of criminal judgments, habeas corpus and collateral attacks, pretrial diversion, pretrial detention, excessive reach of Federal criminal law, simplification and improvement of pretrial and sentencing procedures, and appellate delay. Travel ex" (^Q) Mcmbcrs of the planning group with the exception of the penses reporter shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence and other necessary expenses incurred by them in carrying out the duties of the advisory group in accordance with the provisions of title 5, United States Code, Compensation, chapter 57. The reporter shall be compensated in accordance with section 3109 of title 5, United States Code, and notwithstanding other provisions of law he may be employed for any period of time during which his services are needed. 18 USC 3169. «§3169. Federal Judicial Center. "The Federal Judicial Center shall advise and consult with the planning groups and the district courts in connection with their duties under this chapter. 18 USC 3170. «§ 3X7Q. Speedy trial data. " (a) To facilitate the planning process and the implementation of the time limits and objectives of this chapter, the clerk of each district court shall assemble the information and compile the statistics required by sections 3166(b) and (c) of this title. The clerk of each district court shall assemble such information and compile such statistics on such forms and under such regulations as the Administrative Office of the United States Courts shall prescribe with the approval of the Judicial Conference and after consultation with the Attorney General. "(b) The clerk of each district court is authorized to obtain the information required by sections 3166(b) and (c) from all relevant sources including the United States Attorney, Federal Public Defender, private defense counsel appearing in criminal cases in the district. United States district court judges, and the chief Federal Probation Officer for the district. This subsection shall not be construed to require the release of any confidential or privileged information. "(c) The information and statistics compiled by the clerk pursuant to this section shall be made available to the district court, the planning group, the circuit council, and the Administrative Office of the United States Courts. 18 USC 3171. «§ 3171. Planning appropriations. " (a) There is authorized to be appropriated for the fiscal year ending June 30, 1975, to the Federal judiciary the sum of $2,500,000 to be allocated by the Administrative Office of the United States Courts to Federal judicial districts to carry out the initial phases of planning and implementation of speedy trial plans under this chapter. The funds so appropriated shall remain available until expended.

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Page:The Eurypterida of New York Volume 1.pdf/12

 the most productive material has been found in the foundations and cellar walls of buildings and in one instance the foundation wall of a large barn has been removed without disturbing the building, the abstracted rock being replaced with concrete as the work proceeded. Many hands have helped in the acquisition of this material: Messrs D. D. Luther, R. Ruedemann, C. A. Hartnagel, Jacob Van Deloo, H. C. Warden, Fred Braun and the writer, and while it may be difficult at the present to greatly enlarge these extensive collections, still they are only an index of the profusion of these forms of life in this pool.

Colony B, or the Buffalo pool, appears to have been quite closely confined to the quarry beds of the Buffalo Cement Company in the northern part of the city of Buffalo. It is from these quarries that the majority of the specimens widespread now through the museums of the world, has come. Formerly such specimens were available to any collector, but a few years ago the president of the company determined to place all specimens uncovered in the progress of quarry work in the possession of the Buffalo Society of Natural Sciences and by virtue of this laudable act that society possesses in the "Bennett Collection" a very remarkable array of these remains, which are specially noteworthy for the prevailing large size attained by the individuals. At the present time few Eurypterida are obtained from this historic locality and there is reason to believe that the boundaries of the pool have been approached, though remains of these creatures are found scattered at this geological horizon as far west as Bertie, in Ontario, the locality from which this waterlime formation takes its name. Like the Herkimer pool, that at Buffalo lies in the Bertie waterlime above the salt.

Colony S, or the Schenectady basin. This recent discovery (1910) of eurypterids in the Frankfort shale (Lower Siluric) is comparable to their occurrence at Otisville. These remains, usually in fragmentary condition, abound most freely in fine grained black shale intercalated between thick calcareous sandstone beds locally known as "Schenectady bluestone," but they also occur in the sandy passage beds between the two.


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"(b) No funds appropriated under this section may be expended in any district except by two-thirds vote of the planning group. Funds to the extent available may be expended for personnel, facilities, and any other purpose permitted by law. "§ 3172. Definitions. "As used in this chapter— " (1) the terms 'judge' or 'judicial officer' mean, unless otherwise indicated, any United States magistrate, Federal district judge, and "(2) the term 'offense' means any Federal criminal oifense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a pett^ offense as defined in section 1(3) of this title, or an offense triable by court-martial, military commission, provost court, or other military tribunal). "§3173. Sixth amendment rights. "No provision of this chapter shall be interpreted as a bar to any claim of denial of speedy trial as required by amendment VI of the Constitution.

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"§3174. Judicial emergency. " (a) I n the event that any district court is unable to comply with the time limits set forth in section 3161(c) due to the status of its court calendars, the chief judge, where the existing resources are being efficiently utilized, may, after seeking the recommendations of the planning group, apply to the judicial council of the circuit for a suspension of such time limits. The judicial council of the circuit shall evaluate the capabilities of the district, the availability of visiting judges from within and without the circuit, and make any recommendations it deems appropriate to alleviate calendar congestion resulting from the lack of resources. " (b) If the judicial council of the circuit shall find that no remedy for such congestion is reasonably available, such council may apply to the Judicial Conference of the United States for a suspension of time limits set forth in section 3161(c). The Judicial Conference, if it finds that such calendar congestion cannot be reasonabl}^ alleviated, may grant a suspension of the time limits in section 3161(c) for a period of time not to exceed one year for the trial of cases for which indictments are filed during such period. During such period of suspension, the time limits from arrest to indictment, set forth in section 3161(b), shall not be reduced, nor shall the sanctions set forth in section 3162 be suspended; but such time limits from arrangement to trial shall not be increased to exceed one hundred and eighty days. The time limits for the trial of cases of detained persons who are being detained solely because they are awaiting trial shall not be affected by the provisions of this section. "(c) Any suspension of time limits granted by the Judicial Conference shall be reported to the Congress within ten days of approval by the Director of the Administrative Office of the United States Courts, together with a copy of the application for such suspension, a written report setting forth detailed reasons for granting such approval and a proposal for increasing the resources of such district. I n the event an additional period of suspension of time limits is necessary, the Director of the Administrative Office of the United States Courts shall so indicate in his report to the Congress, which report shall contain such application for such additional period of suspension together with any other pertinent information. The Judicial Conference shall not grant a suspension to any district within six months following the expiration of a prior suspension without the

qs-iQ.! n - 7fi - 49 Pt. 2

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fff"*"'^'° ^°"' gress.

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consent of the Congress. Such consent may be requested by the Judicial Conference by reporting to the Congress the facts supporting the need for a suspension within such six-month period. Should the Congress fail to act on any application for a suspension of time limits within six months, the Judicial Conference may grant such a suspension for an additional period not to exceed one year." SEC. 102. The tables of chapters for title 18 of the United States Code and for part II of title 18 of the United States Code are each amended by inserting immediately after the item relating to chapter 207 the following new item: "208. Speedy trial 3161". TITLE II—PRETEIAL SERVICES AGENCIES SEC. 201. Chapter 207 of title 18, United States Code, is amended by striking out section 3152 and inserting in lieu thereof the following new sections: 18 USC 3152. "§3152. Establishment of pretrial services agencies. "The Director of the Administrative Office of the United States Courts shall establish, on a demonstration basis, in each of ten representative judicial districts (other than the District of Columbia), a pretrial services agency authorized to maintain effective supervision and control over, and to provide supportive services to, defendants released under this chapter. The districts in which such agencies are to be established shall be designated by the Chief Justice of the United States after consultation with the Attorney General, on the basis of such considerations as the number of criminal cases prosecuted annually in the district, the percentage of defendants in the district presently detained prior to trial, the incidence of crime charged against persons released pending trial under this chapter, and the availability of community resources to implement the conditions of release which may be imposed under this chapter. 18 USC 3153. "§3153. Organization of pretrial services agencies. " (a) The powers of five pretrial services agencies shall be vested in the Division of Probation of the Administrative Office of the United States Courts. Such Division shall establish general policy for such agencies. Board of Trust" (b)(1) The powcrs of each of the remaining five pretrial services ^^^" agencies shall be vested in a Board of Trustees which shall consist of seven members. The Board of Trustees shall establish general policy for the agency. Membership. "(2) Mcmbers of the Board of Trustees shall be appointed by the chief judge of the United States district court for the district in which such agency is established as follows: " (A) one member, who shall be a United States district'court judge; " (B) one member, who shall be the United States attorney; " (C) two members, who shall be members of the local bar active in the defense of criminal cases, and one of whom shall be a Federal public defender, if any; " (D) one member, who shall be the chief probation officer; and " (E) two members who shall be representatives of community organizations. Term. "(c) The term of office of a member of the Board of Trustees appointed pursuant to clauses (C) (other than a public defender) and Vacancy. (g^ Q^ subsection (b)(2) shall be three years. A vacancy in the Board shall be filled in the same manner as the original appointment. Any member appointed pursuant to clause (C) (other than a public defender) or (E) of subsection (b)(2) to fill a vacancy occurring prior to the expiration of the term for which his predecessor was

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The Encyclopedia Americana (1920)/Müller, Wilhelm Max

MÜLLER, Wilhelm Max, American Orientalist: b. Gleissemberg, Germany, 15 May 1862. He studied at the universities of Erlangen, Leipzig, Berlin and Munich, obtaining the degree Ph.D. at Leipzig. Since 1888 he has been a resident of the United States, but has undertaken researches repeatedly in Epypt (1904, 1906 and 1910) under the auspices of the Carnegie Institution. He has been professor in the Reformed Episcopal Seminary at Philadelphia since 1890 and assistant professor of Egyptology at the University of Pennsylvania. He has written ‘Asia and Europe after the Egyptian Monuments’ (1893); ‘The Love Poetry of the Ancient Egyptians’ (1899), both of which are in German; ‘Egyptological Researches’ (1906-10); ‘Mythology of the Ancient Egyptians’ (in ‘Mythology of all Races,’ 1918). He is also a contributor to the ‘Encyclopædia Biblica,’ ‘Jewish Encyclopedia’ and joint

editor of ‘Gesenius Hebrew Dictionary’ (1905).


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appointed shall be appointed only for the remainder of such term. " (d)(1) In each of the five demonstration districts in which pretrial service agencies are established pursuant to subsection (a) of this section, the pretrial service officer shall be a Federal probation officer of the district designated for this purpose by the Chief of the Division of Probation and shall be compensated at a rate not in excess of the rate prescribed for GS-16 by section 5332 of title 5, United States Code. "(2) I n each of the five remaining demonstration districts in which pretrial service agencies are established pursuant to subsection (b)(1) of this section, after reviewing the recommendations of the judges of the district court to be served by the agency, each such Board of Trustees shall appoint a chief pretrial service officer, who shall be compensated at a rate to be established by the chief judge of the court, but not in excess of the rate prescribed for GS-15 by section 5332 of title 5, United States Code. "(3) The designated probation officer or the chief pretrial service officer, subject to the general policy established by the Division of Probation or the Board of Trustees, respectively, shall be responsible for the direction and supervision of the agency and may appoint and fix the compensation of such other personnel as may be necessary to staff such agency, and may appoint such experts and consultants as may be necessary, pursuant to section 3109 of title 5, United States Code. The compensation of such personnel so appointed shall be comparable to levels of compensation established under chapter 53 of title 5, United States Code. "§3154. Functions and powers of pretrial services agencies. is use 3154. "Each pretrial services agency shall perform such of the following functions as the district court to be served may specify: "(1) Collect, verify, and report promptly to the judicial officer information pertaining to the pretrial release of each person charged with an offense, and recommend appropriate release conditions for each such person, but such information as may be contained in the agency's files or presented in its report or which shall be divulged during the course of any hearing shall be used only for the purpose of a bail determination and shall otherwise be confidential. In their respective districts, the Division of Pro- Regulations. bation or the Board of Trustees shall issue regulations establishing policy on the release of agency files. Such regulations shall create an exception to the confidentiality requirement so that such information shall be available to members of the agency's staff' and to qualified persons for purposes of research related to the administration of criminal justice. Such regulations may create . an exception to the confidentiality requirement so that access to agency files will be permitted by agencies under contract pursuant to paragraph (4) of this section; to probation officers for the purpose of compiling a presentence report and in certain limited cases to law enforcement agencies for law enforcement purposes. In no case shall such information be admissible on the issue of guilt in any judicial proceeding, and in their respective districts, the Division of Probation or the Board of Trustees may permit such information to be used on the issue of guilt for a crime committed in the course of obtaining pretrial release. "(2) Eeview and modify the reports and recommendations specified in paragraph (1) for persons seeking release pursuant to section 3146(e) or section 3147. ^is use sue, "(3) Supervise persons released into its custody under this chapter.

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Comprehensive report.

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"(4) With the cooperation of the Administrative Office of the United States Courts, and with the approval of the Attorney General, operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter including, but not limited to, residential halfway houses, addict and alcoholic treatment centers, and counseling services. "(5) Inform the court of all apparent violations of pretrial release conditions or arrests of persons released to its custody or under its supervision and recommend appropriate modifications of release conditions. "(6) Serve as coordinator for other local agencies which serve or are eligible to serve as custodians under this chapter and advise the court as to the eligibility, availability, and capacity of such agencies. " (7) Assist persons released under this chapter in securing any necessary employment, medical, legal, or social services. "(8) Prepare, in cooperation with the United States marshal and the United States attorney such pretrail detention reports as are recpiired by the provisions of the Federal Rules of Criminal Procedure relating to the supervision of detention pending trial. " (9) Perform such other functions as the court may, from time to time, assign. "§3155. Report to Congress. " (a) The Director of the Administrative Office of the United States Courts shall annually report to Congress on the accomplishments of the pretrial services agencies, with particular attention to (1) their effectiveness in reducing crime committed by persons released under this chapter; (2) their effectiveness in reducing the volume and cost of unnecessary pretrial detention; and (3) their effectiveness in improving the operation of this chapter. The Director shall include in his fourth annual report recommendations for any necessary modification of this chapter or expansion to other districts. Such report shall also compare the accomplishments of the pretrial services agencies operated by the Division of Probation with those operated by Boards of Trustees and with monetary bail or any other program generally used in State and Federal courts to guarantee presence at trial. "(b) On or before the expiration of the forty-eighth-month period following July 1, 1975, the Director of the Administrative Office of the United States Courts shall file a comprehensive report with the Congress concerning the administration and operation of the amendments made by the Speedy Trial Act of 1974, including his views and recommendations with respect thereto. "§3156. Definitions. " (a) As used in sections 3146-3150 of this chapter— "(1) The term 'judicial officer' means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to bail or otherwise release a person before trial or sentencing or pending appeal in a court of the United States, and any judge of the Superior Court of the District of Columbia; and "(2) The term 'offense' means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress. " (b) As used in sections 3152-3155 of this chapter— "(1) the term 'judicial officer' means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to bail or

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