text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/333

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

" (a) The Court of Customs and Patent Appeals has jurisdiction of appeals from all final judgments or orders of the United States Customs Court. "(b) When the chief judge of the Customs Court issues an order under the provisions of section 256(b) of this title; or when any judge in the Customs Court, in issuing any other interlocutory order, mcludes in the order a statement that a controlling question of law is involved as to which there is substantial ground for difference of opinion and that an immediate appeal from its order may materially advance the ultimate termination of the litigation, the Court of Customs and Patent Appeals may, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That neither the application for nor the granting of an appeal hereunder stays proceedings in the Customs Court unless a stay is ordered by a judge of the Customs Court or by the Court of Customs and Patent Appeals or a judge of that court.''
 * '§ 1541. Appeals from Customs Court decisions

275

Post, p. 211.

APPEALS FROM CUSTOMS COURT DECISIONS—PROCEDURE

SEC. 103. Section 2601 of title 28 of the United States Code is amended to read as follows: "§ 2601. Appeals from Customs Court decisions " (a) A party may appeal to the C^ourt of Customs and Patent Appeals from a final judgment or order of the Customs Court within sixty days after entry of the judgment or order. " (b) An appeal is made by filing in the office of the clerk of the Court of Customs and Patent Appeals a notice of appeal which shall include a concise statement of the errors complained of. A copy of the notice shall be served on the adverse parties. When the United States is an adverse party service shall be made on the Attorney General and the Secretary of the Treasury or their designees. Thereupon, the Court of Customs and Patent Appeals shall order the Customs Court to transmit the record and evidence taken, together with either the findings of fact and conclusions of law or the opinion, as the case may be.

^2 Stat. 979.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/334

 276

PUBLIC LAW 91-271-JUNE 2, 1970

62 Stat. 963.

•

[84 STAT.

"(c) The Court of Customs and Patent Appeals may affirm, modify, vacate, set aside, or reverse any judgment or order of the Customs Court lawfully brought before it for review, and may remand the cause and direct the entry of an appropriate judgment or order, or require such further proceedings as may be just under the circumstances. The judgment or order of the Court of Customs and Patent Appeals shall be final and conclusive unless modified, vacated, set aside, reversed, or remanded by the Supreme Court under section 2106 of tMs title."

28 USC 2106. rREGEDEXCE OF AMERICAN MANUFAC^TURER. PRODUCER. OR WHOLESALER CASES

62 Stat 980;

80 Stat. 902.

pose, p. 286. e t.;«;a.

80 Stat. 899.

SEC. 104. Section 2602 of title 28 of the United States Code is i i, i < n » amended to read as lollows: "§ 2602. Precedence of American manufacturer, producer, or wholesaler cases " (a) Every proceeding in the Court of Customs and Patent Appeals arising under section 516 of the Tariff Act of 1930, as amended, shall be given precedence over other cases on the docket of such court, except as provided for in paragraph (b) of this section, and shall be assigned for hearing at the earliest practicable date and expedited in every way. "(b) Appeals from findings by the Secretary of Commerce provided for in headnote 6 to schedule 8, part 4, of the Tariff Schedules of the LTuited States (19 U.S.C. 1202) shall receive a preference over all other matters.'" DUTIES o r C H I E F JUDGE; PRECEDENCE OF JUDGES

62 Stat. 900:

73 Stat. 474.

SEC. 105. Section 253 of title 28 of the United States Code is amended j j! n to read as follows: "§ 253. Duties of chief judge; precedence of judges " (a) The chief judge of the Customs Court, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court; " (b) The chief judge shall promulgate dockets. "'(c) The chief judge, under rules of the court, may designate any judge or judges of the court to try any case and, when the circumstances so warrant, reassign the case to another judge or judges. " (d) Whenever the chief judge is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the judge next in precedence who is able to act, until such disability is removed or another chief judge is appointed and duly qualified. "(e) The chief judge shall have precedence and shall preside at any session which he attends. Other judges shall have precedence and shall preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.".

�

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


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/335

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970 SINGLE-JUDGE

277

TRIALS

SF.C. 106. Section 254 of title 28 of the United States Code is amended 62 Stat. 900. to read as follows: "§254. Single-judge trials "pjxcept as otherwise provided in section 255 of this title, the intra. judicial power of the Customs Court with respect to any action, suit or proceeding shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges." P U B L I C A T I O N OF DECISIONS

SEC. 107. Section 255 of title 28 of the United States Code is redesignated as section 257 and is amended to read as follows: "§ 257. Publication of decisions "All decisions of the Customs Court shall be preserved and open to inspection. The court shall forward copies of each decision to the Secretary of the Treasury or his designee and to the appropriate customs officer for the district in which the case arose. The Secretary shall publish weekly such decisions as he or the court may designate and abstracts of all other decisions." T H R E E - J U D G E TRIALS

SEC. 108. There shall be a new section 255 of title 28 of the United States Code as follows: ' § 255. Three-judge trials "(a) Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Customs Court shall designate any three judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of the customs laws. "(b) A majority of the three judges designated may hear and determine the civil action and all questions pending therein." TRIALS AT PORTS OTHER T H A N N E W YORK

SEC. 109. There shall be a new section 256 of title 28 of the United States Code as follows: "§256. Trials at ports other than New York " (a) The chief judge may designate any judge or judges of the court to proceed, together with necessary assistants, to any port or to any place within the jurisdiction of the United States to preside at a trial or hearing at the port or place. " (b) Upon application of a party or upon his own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge may issue an order authorizing a judge of the court to preside in an evidentiary hearing in a foreign country whose laws do not prohibit such a hearing: Provided., however., That an interlocutory appeal may be taken from such an order pursuant to the provisions of section 1541(b) of this title, subject to the discretion of the Court of Customs and Patent Appeals as set forth in that section."

^"'^' P- 275.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/336

 278

PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

JURISDICTION OF THE CUS1X)MS COURT

62 Stat. 943.

46 Stat. 590.

52. Stat. 1086;

67 Stat. 519. 19 USC 1520

Post, p. 286. Post, p. 284. Post, p. 285.

Single action

civil

^^^^ jj,)^ Section 1582 of title 28 of the United States Code is iuiiended to read as follows: "§ 1582. Jurisdiction of the Customs Court "(a) The Customs Court shall have exclusive jurisdiction of civil actions instituted by any person whose protest pursuant to the Tarifi' Xdt of 1980, as amended, has been denied, in whole or in part, by the appropriate customs officer, where the administrative decision, including the legality of all orders and findings entering into the same, involves: (1) the appraised value of merchandise; (2) the classification and rate and amount of duties chargeable; (3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury; (4) the exclusion of merchandise from entry or delivery under any provisions of the customs laws; (5) the liquidation or reliquidation of an entry, or a modification thereof; (6) the refusal to pay a claim for drawback; or (7) the refusal to reliquidate an entry under section 520(c) of the Tariff Act of 1930, as amended. "(b) The Customs Court slurl have exclusive jurisdiction of civil actions brought by American manufacturers, producers, or wholesalers pursuant to section 516 of the Tariff* Act of 1930, as amended. "(c) The Customs Court shall not have jurisdiction of an action unless (1) either a protest has been filed, as prescribed by section 514 of f]^Q Tariff Act of 1930, as amended, and denied in accordance with xhe provisions of rection 515 of the Tariff' Act of 1930, as amended, or if the action relates to a decision under section 516 of the Tariff' Act of 1930, as amended, all remedies prescribed therein have been exhausted, and (2) except in the case of an action relating to a decision under recti(n 516 of the Tariff Act of 1930, as amended, all liquidated duties, charges or exactions have been paid at the time the action is filed. '^(d) Only one civil action may be brought in the Customs Couit to contest the denial of a single protest. However, any number of entries of merchandise involving common ij^sues may he included in a single civil action. Actions may be consolidated by order of the court or by request of the parties, with approval of the court, if there are common issues."" REPEAL OF SFX^TIOX ir,S.'!

62 Stat. 943.

REVIEW OF DECISIONS ON

PROTESTS

SEC. 111. Section 1583 of title 28 of the United States Code is rej^ealed. T I M E FOR C O M M E N C E M E N T OF ACTION

^"P'^'

Post, p. 285.

SKC. 112. Section 2631 of title 28 of the United States Code is amended to read as follows: "§ 2631. Time for commencement of action " (a) An action over which the court has jurisdiction under section 1582(a) of this title is barred unless commenced within one hundred and eighty days after: "(1) the date of mailing of notice of denial, in whole or in part, of a protest pursuant to the provisons of section 515(a) of the rj,^^^^ j ^ ^ ^ ^^ ^g^Q^ ^g amended; or " (2) the date of denial of a protest by operation of law pursuant to the provisions of section 515(b) of the Tariff Act of 1930, as amended.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/337

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

'279

" (b) An action over which the court has jurisdiction under section 1582(b) of this title is barred unless commenced within thirty days after the date of mailing of a notice sent pursuant to section 516(c) of the Tariff Act of 1930, as amended."

Ante,

p. 278.

^°^'' P- ^se.

CUSTOMS COURT PROCEDURE A N D F E E S

SEC. 118. Section 2632 of title 28 of the United States Code is amended to read as follows: "§ 2632. Customs Court procedure and fees "(a) A party may contest denial of a protest under section 515 of the Tariff Act of 1930, as amended, or the decision of the Secretary of the Treasury made under section 516 of the Tariff Act of 1930, as amended, by bringing a civil action in the Customs Court. A civil action shall be commenced by filing a summons in the form, manner, and style and with the content prescribed in rules adopted by the court. "(b) There shall be a filing fee payable upon commencing an action. The amount of the fee shall be fixed by the Customs Court but shall be not less than $5 nor more than the filing fee for commencing a civil action in a United States district court. The Customs Court may fix all other fees to be charged by the clerk of the court. "(c) The (^ustoms Court shall provide by rule for pleadings and other papers, for their amendment, service, and filing, for consolidations, severances, and suspensions of cases, and for other procedural matters. ""(d) The Customs Court, by rule, may consider any new ground in support of a civil action if the new ground (1) applies to the same merchandise that was the subject of the protest; and (2) is related to the same administrative decision or decisions listed in section 514 of the Tariff Act of 1930, as amended, that were contested in the I)rotest. ''(e) All pleadings and other papers filed in the Customs Court shall be served on all the adverse parties in accordance with the rules of the court, AVhen the United States is an adverse party, service of the summons shall be made on the Attorney General and the Secretary of the Treasury or their designees. " (f) Upon service of the summons on the Secretary of the Treasury or his designee, the appropriate customs officer shall forthwith transmit the following items, if they exist, to the United States Customs Court as part of the official record of the civil action: (1) consumption or other entry; (2) commercial invoice; (3) special Customs invoice; (4) copy of protest; (5) copy of denial of protest in whole or in part; (6) importer's exhibits; (7) official samples; (8) any official laboratory rejwrts; and (9) the summary sheet. If any of the aforesaid items do not exist in the particular case, an affirmative statement to that effect shall be transmitted as part of the official record." P R E C E D E N C E O F AMERICAN

M A N U F ACT U R E R, PHODI'CER. OR CASES

WHOLESALER

SEC. 114. Section 2633 of ttile 28 of the United States Code is amended to read as follows: "§2633. Precedence of American manufacturer, producer, or wholesaler cases "Every proceeding in the Customs Court arising under section 516 of the Tariff Act of 1930, as amended, shall be given precedence over other cases on the dwket of the court, and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way." 47-348 O - 72 - 22 (Pt. 1)

62 Stat. 98o.

^°s'' P- 285. Post,

p. 286.

Filing fee.

^°«f' P- 284. Service of summons.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/338

 280

PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

NOTICE 62 Stat. 9 8 1.

SEC. 115. Section 2634 of title 28 of the United States Code is amended to read as follows: . i, -. "§2634. Notice ''Reasonable notice of the time and place of trial before a judge of the Customs Court shall be given to all parties to any proceeding, under rules prescribed by the court." BURDEN OF P R O O F; EVIDENCE OF VALUE

SEC. 116. Section 2635 of title 28 of the United States Code is amended to read as follows: "§ 2635. Burden of proof; evidence of value "In any matter in the Customs Court: " (a) The decision of the Secretary of the Treasury, or his delegate, is presumed to be correct. The burden to prove otherwise shall rest upon the party challenging a decision. "(b) Where the value of merchandise is in issue: officers of the United States and depositions and affidavits of other persons whose attendance cannot reasonably be had, may be admitted in evidence when served upon the opposing party in accordance with the rules of the court. "'(2) Price lists and catalogs may be admitted in evidence when duly authenticated, relevant, and material. "(c) The value of merchandise shall be determined from the evidence in the record and that adduced at the trial whether or not the merchandise or samples thereof are available for examination." A N A L Y S I S OF IMPORITSD M E R C H A N D I S E
 * '(1) Reports or depositions of consuls, customs officers, and other

''

' *

SEC. 117. Section 2636 of title 28 of the United States Code is amended to read as follows: "§ 2636. Analysis of imported merchandise "A judge of the Customs Court may order an analysis of imported merchandise and reports thereon by laboratories or agencies of the United States." WITNESSES; INSPECTION OF DOCUMENTS

SEC. 118. Section 2637 of title 28 of the United States Code is amended to read as follows: "§2637. Witnesses; inspection of documents " (a) In any proceeding in the Customs Court, under rules prescribed by the court, the parties and their attorneys shall have an opportunity to introduce evidence, to hear and cross-examine the witnesses of the other party, and to inspect all samples and all papers admitted or offered as evidence, except as provided in subsection (b) of this section. "(b) I n an action instituted by an American manufacturer, producer, or wholesaler, the plaintiff' nuiy not inspect any documents or papers of a consignee or miporter disclosing any information which the Customs Court deems unnecessary or improper to be disclosed."

(t.m ss • £V - c.i^^-f!>

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/339

 84 STAT. ] DECISIONS;

PUBLIC LAW 91-271-JUNE 2, 1970 FINDINGS

OF FACT AND CONCLUSIONS OPINIONS

OF L A W;

^581 EFFECT

OF

S m 119. Section 2638 of title 28 of the United States Code is amended to read as follows: "§2638. Decisions; findings of fact and conclusions of law; eifect of opinions " (a) A decision of the judge in a contested case shall be supported by either (1) a statement of findings of fact and conclusions of law, or (2) an opinion stating the reasons and facts upon which the decision is based. " (b) The decision of the judge is final and conclusive, unless a retrial or rehearing is granted pursuant to section 2689 of this title or an appeal is made to the Court of Customs and Patent Appeals within the time and in the manner provided in section 2601 of this title."

^^ Stat. 982.

^"^'•a^"'e, p. 275.

RETRIAL OR R E H E A R I N G

SEC. 120. Section 2639 of title 28 of the United States Code is amended to read as follows: "§2639. Retrial or rehearing "The judge who has rendered a judgment or order may, upon motion of a party or upon his own motion, grant a retrial or a rehearing, as the case may be. A party's motion must be made or the judge's action on his own motion must be taken, not later than thirty days after entry of the judgment or order." REPEAL OF S E C T I O N S 2 6 4 0. 2 0 4 1. 2 6 4 2 KEHEARIN(} OR R E T R I A L; FRIVOLOUS PROTEST OR A P P E A L; AMENDMENT OF PROTESTS, APPEAI.S. A N D PLEADINGS

SEC. 121. Sections 2640, 2641, and 2642 of title 28 of the United States Code are repealed.

62 Stat. 982; 63 Stat. 106.

EFFECTIVE DATE

SEC. 122. (a) This title shall become effective on October 1, 1970, and shall thereafter apply to all actions and proceedings in the Customs Court and the Court of Customs and Patent Appeals except those involving merchandise entered before the effective date for which trial has commenced by such effective date. (b) An appeal for reappraisement timely filed with the Bureau of Customs before the effective date, but as to v.iiich trial has not commenced by such date, shall be deemed to have had a summons timely and properly filed under this title. When the judgment or order of the United States Customs Court has become final in this appeal, the papers shall be returned to the appropriate customs officer to decide any remaining matters relating to the entry in accordance with section 500 of the Tariff Act of 1930, as amended. A protest or summons filed Post, p. 283. after final decision on an appeal for reappraisement shall not include issues vrhich were raised or could have been raised on the appeal for reappraisement. (c) A protest timely filed with the Bureau of Customs before the effective date of enactment of this Act, which is disallowed before that date, and as to which trial has not commenced by such date, shall be deemed to have had a summons timely and properly filed under this title. (d) All other provisions of this Act shall apply to appeals and disallowed protests deemed to have had summonses timely and properly filed under this section.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/340

 282

PUBLIC LAW 91-271-JUNE 2, 1970 MISCELLANEOUS

62 Stat. 899.

[84 STAT.

AMENDMENTS

SEC. 123. (a) The analysis of chapter 11 of title 28 of the United States Code, immediately preceding section 251 of such title, is amended by striking the caption of section 254 and substituting therefor the caption, "Single-judge trial.", by striking the caption of section 255 and substituting therefor the caption "Three-judge trials." and by adding the following captions at the end of the analysis of that chapter: "256. Trials at ports other than New York. ••257. Publication of decisions."

62 Stat. 942.

(b) The aualysls of chapter 93 of title 28 of the United States Code, immediately preceding section 1541 of such title is amended by striking the caption of section 1541 and substituting the caption "Appeals from Customs Court decisions."

62 Stat. 943.

(c) The aualysis of chapter 95 of title 28 of the United States Code, immediately jjreceding section 1581 of such title, is amended to read as follows: ,. .,, "Sec.

/.,;•

•!... ^^:,.!,,-, '..

"1581. Powers generally. "1.582. Jurisdiction of the Customs Court."

62 Stat. 979.

(d) The analysis of chapter 167 of title 28 of the United States Qode, immediately preceding section 2601, is amended to read as follows: '•.Sec.

•'2601. Appeals from Customs Court decisions. "2602. Precedence of American manufacturer, producer, or wholesaler cases."

63^stat^\"o6^°*

(e) The analysis of chapter 169 of title 28 of the United States Code, immediately preceding section 2631 of such title is amended to read as follows: "Sec.

•'2631. "2632. "2633. "2634. "2635. "2636. •'2637. "2638. "2639.

Time for commencement of action. ' ' ' '• " Customs Court procedures and fees. Precedence of American manufacturer, producer, or wholesaler cases. Notice. Burden of proof; evidence of value. Analysis of imported merchandise. Witnesses; insijection of documents. Decisions; tindings of fact and conclusions of law; effect of opinions. Retrial or rehearing."

TITLE II—ADMINISTRATIVE PROCEEDINGS IN CUSTOMS M A T T E R S SHORT TITLE

Citation of titles.

§£(.. 201. Titles II aud III of this Act may be cited as "The Customs Administrative Act of 1970'". AMENDMENT OF SECTIONS

46 Stat. 590. 19 USC 1654.

SEC. 202.1'nless otherwise provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or provision of the Tariff Act, the reference shall be considered to be made to a section or provision of the Tariff Act of 1930, asamended (19 U.S.C. 1202 et seq.). ^

^ '

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/341

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

283

EFFECTIVE DATE

SEC. m). Titles II and III of this Act shall take effect with respect to aiiicles entered, or withdrawn from warehouse for consumption, on or after ctol;)er 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, the appraiKement of which has not become final before October 1, 1970, and for which an appeal for reappraisement has not been timely filed with the Bureau of Customs before October 1, 1970, or with respect to which a protest has not been disallowed in whole or in part before October 1, 1970. A P P K A I S E M E K T, CLASSIFICATION. A N D LIQUIDATION PROCEDURF^S; COLLECTIONS A N D R E F U N D S; L I M I T A T I O N S

SEC. '2(n. (a) Section 500 of the Tariff Act (19 U.S.C. 1500) is hereby amended to read as follows:

46 Stat. 729.

" SEC. 500. APPRAISEMENT, (YASSIFICATION, AND LIQUIDATION PROCEDURES.—

"The appropriate customs officer shall, under rules and regulations prescribed by the Secretary— "(a) appraise merchandise in the unit of quantity in which the merchandise is usually bought and sold by ascertaining or estimating the value thereof by all reasonable ways and means in his power, any statement of cost or costs of production in any invoice, affidavit, declaration, or other document to the contrary notwithstanding; "(b) ascertain the classification and rate of duty applicable to su?li merchandise; "(c) fix the amount of duty to be paid on such merchandise and determine any increased or additi(mal duties due or any excess of duties deposited; "(d) liquidate the entry of such merchandise; and "(e) give notice of such liquidation to the importer, his consignee, or agent in such form and manner as the Secretary shall prescribe in such regulations." (b) Section 488 of the Tariff Act (19 U.S.C. 1488) is repealed. R^^p^^i- ^^5 (c) Section 505 of the Tariff Act (19 LLS.C. 1505) is amended to 46 Stat.' 732.' read as follows: " SEC. 505. PAYMENT OF DUTIES.— " (a) DEPOSIT OF ESTIMATED DUTIES.—L^nless

merchandise is entered for warehouse or transportation, or under bond, the consignee shall deposit with the appropriate customs officer at the time of making entry the amount of duties estimated by such customs officer to be payable thereon. " (b) COLLECTION OR REFUND.—The appropriate customs officer shall collect any increased or additional duties due or refund any excess of duties deposited as determined on a liquidation or reliquidation." REPEAL OF SEPARATE APPRAISEMENT PROCEDURE; VOLUNTARY RELIQUIDATIONS

SEC. 205. Section 501 of the Tariff Act (19 U.S.C. 1501) is amended 46 Stat. 730; to read as follows: 67 Stat. 517. 501. VOLUNTARY RELiQi'iDA'noNS.— "A liquidation made in accordance with section 500 or any reliquida- supra. tion thereof made in accordance with this section may be reliquidated in any respect by the appropriate customs officer on his own initiative, notwithstanding the filing of a protest, within ninety days from "SEC.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/342

 2B4

Ante, p. 283.

PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

the date on which notice of the original liquidation is given to the importer, his consignee or agent. Notice of such reliquidation shall be given in the manner prescribed with respect to original liquidations under section 500(e)." DUTIABLE VALUE

46 Stat. 7 3 1; 67 Stat. 518.

SEC. 206. Section 503 of the Tariff Act (19 U.S.C. 1503) is amended to read as follows: "SEC. 503. DUTIABLE VALUE.—

Post, p. 287. 46 Stat. 745; 52 Stat. 1088; 67 Stat. 518. 19 USC 1562.

"Except as provided in section 520(c) (relating to reliquidations on the basis of authorized corrections of errors) or section 562 (relating to withdrawal from manipulating warehouses) of this Act, the basis for the assessment of duties on imported merchandise subject to ad valorem rates of duty or rates based upon or regulated in any manner by the value of the merchandise, shall be the appraised value determined upon liquidation, in accordance with section 500 or any adjustment thereof made pursuant to section 501 of the Tariff Act: Provided, however, That if reliquidation is required pursuant to a final judgment or order of the United States Customs Court which includes a reappraisement of imported merchandise, the basis for such assessment shall be the final appraised value determined by such court." PROTESTS

46 Stat. 734.

Ante, p. 2 8 3. P o s t, p. 286. 67 Stat. 519. 19 USC 1520. 46 Stat. 739. 19 USC 1521.

Ante, p. 278.

SEC. 207. Section 514 of the Tariff Act (19 U.S.C. 1514) is amended to read as follows: " SEC. 514. FINALITY OF DECISIONS; PROTESTS.— " (a) FINALITY or DECISIONS.—Except as provided

in section 501 (relating to voluntary reliquidations), section 516 (relating to petitions by American manufacturers, producers, and wholesalers), section 520 (relating to refunds and errors), and section 521 (relating to reliquidations on account of fraud) of this Act, decisions of the appropriate customs officer, including the legality of all orders and findings entering into the same, as to— " (1) the appraised value of merchandise; " (2) the classification and rate and amount of duties chargeable; "(3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury; " (4) the exclusion of merchandise from entry or delivery under any provision of the customs laws; "(5) the liquidation or reliquidation of an entry, or any modification thereof; " (6) the refusal to pay a cl aim for drawback; and "(7) the refusal to reliquidato an entry under section 520(c) of this Act, shall be final and conclusive upon all persons (including the United States and any officer thereof) unless a protest is filed in accordance with this section, or unless a civil action contesting the denial of a protest, in whole or in part, is commenced in the United States Customs Court in accordance with section 2632 of title 28 of the Imited States Code within tl.e time prescribed by section 2631 of that title. When a judgment or order of the United States Customs Court has become final, the papers transmitted shall be returned, together with a copy <)f the judgment or order to the appropriate customs officer, who shall take action accordingly. "(b)

PROI-ESTS.—

"(1) IN GENERAL.—A protest of a decision under subsection (a) shall be filed in writing with the appropriate customs officer designated

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/343

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

in regulations prescribed by the Secretary, setting forth distinctly and specifically each decision described in subsection (a) as to which protest is made; each category of merchandise affected by each such decision as to which protest is made; and the nature of each objection and reasons therefor. Only one protest may be filed for each entry of merchandise, except that where the entry covers merchandise of different categories, a separate protest may be filed for each category. I n addition, separate protests filed by different authorized persons with respect to any one category of merchandise that is the subject of a protest are deemed to be part of a single protest. A protest may be amended, under regulations prescribed by the Secretary, to set forth objections as to a decision or decisions described in subsection (a) which were not the subject of the original protest, in the form and manner prescribed for a protest, any time prior to the expiration of the time in which such protest could have been filed under this section. Xew grounds in support of objections raised by a valid protest or amendment thereto may be presented for consideration in connection with the review of such protest pursuant to section 515 of this Act at any time prior to the disposition of the protest in accordance with that section. Except as otherwise provided in section 557(b) of this Act, protests mny be filed by the importer, consignee, or any authorized agent of the person paying any charge or exaction, or filing any claim for drawback, or seeking entry or delivery, with respect to merchandise which is the subject of a decision in subsection (a). "(2) TIME FOR FILING.—A protest of a decision, order, or finding described in subsection (a) shall be filed with such customs officer within ninety days after but not before— " (A) notice of liquidation or reliquidation, or " (B) in circumstances where subparagraph (A) is inapplicable, the date of the decision as to which protest is made. "(c) LIMITATION ON PROTEST or REIJQUIDATIONS.—The reliquidation of an entry shall not open such entry so that a protest may be filed against the decision of the customs officer upon any question not involved in such reliquidation.''

285

,^ ''',;;^^,

mfra. ^°®'' P* ^^°-

REVIEW OF PROTESTS

SEC. 208. Section 515 of the Tariff Act (19 U.S.C. 1515) is amended to read as follows:

46 Stat. 734.

"SEC. 515. REVIEW OF PROTESTS.— " (a) ADMINISTRATIVE REVIEW AND MODIFICATION or DECISIONS.—

Unless a request for an accelerated disposition of a protest is filed in accordance with subsection (b) of this section the appropriate customs officer, within two years from the date a protest was filed in accordance with section 514 of this Act, shall review the protest and shall allow or deny such protest in whole or in part. Thereafter, any duties, charge, or exaction found to have been assessed or collected in excess shall be remitted or refunded and any drawback found due shall be paid. Upon the request of the protesting party, filed within the time allowed for the filing of a protest under section 514 of this Act, a protest may be subject to further review by another appropriate customs officer, under the circumstances and in the form and manner that may be prescribed by the Secretary in regulations, but subject to the twoyear limitation prescribed in the first sentence of this subsection. Notice of the denial of any protest shall be mailed in the form and manner prescribed by the Secretary. "(b)

REQUEST F R ACC^XERATED DISPCSITION OF PROTEST.—A request O

for accelerated disposition of a protest filed in accordance with section 514 of this Act may be mailed by certified or registered mail to the

Ante, p. 284.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/344

 286

Ante, p. 278.

PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

appropriate customs officer any time after ninety days following the filing of such protest. For purposes of section 1582 of title 28 of the United States Code, a protest which has not been allowed or denied in whole or in part within thirty days following the date of mailing by certified or registered mail of a request for accelerated disposition shall be deemed denied on the thirtieth day following mailing of such request." P E T I T I O N S BY AMERICA N M A N U F ACT U R E R S, PRODUCERS, OR WHOLESALERS

46 Stat. 735; 52 Stat. 1084.

SEC. 209. Section 516 of the Tariff Act (19 U.S.C. 1516) is amended to read as follows: " SEC. 516. PETITIONS BY AMERICAN MANUFACTURERS, PRODUCERS, OR WHOLESALERS—VALUE AND CLASSIFICATION.—

Ante, p. 279.

"'(a) The Secretary shall, upon written request by an American manufacturer, producer, or wholesaler, furnish the classification, and the rate of duty, if any, imposed upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by him. If such manufacturer, producer, or wholesaler believes that the appraised value is too low, that the classification is not correct, or that the proper rate of duty is not being assessed, he may file a petition with the Secretary setting forth (1) a description of the merchandise, (2) the appraised value, the classification, or the rate or rates of duty that he believes proper, and (3) the reasons for his belief. "(b) If, after receipt and consideration of a petition filed by an American manufacturer, producer, or wholesaler, the Secretary decides that the appraised value of the merchandise is too low, or that the classification of the article or rate of duty assessed thereon is not correct, he shall determine the proper appraised value or classification or rate of duty, and notify the petitioner of his determination. All such merchandise entered for consumption or withdrawn from warehouse for consumption more than thirty days after the date such notice to the petitioner is published in the weekly Customs Bulletin shall be appraised or classified or assessed as to rate of duty in accordance with the Secretary's determination. "(c) If the Secretary decides that the appraised value or classification of the articles or the rate of duty with respect to which a petition was filed pursuant to subsection (a) is correct, he shall so inform the petitioner. If dissatisfied with the decision of the Secretary, the petitioner may file with the Secretary, not later than thirty days after the date of the decision, notice that he desires to contest the appraised value or classification of, or rate or duty assessed upon, the merchandise. Upon receipt of notice from the petitioner, the Secretary shall cause publication to be made of his decision as to the proper appraised value or classification or rate of duty and of the petitioner's desire to contest, and shall thereafter furnish the petitioner with such information as to the entries and consignees of such merchandise, entered after the publication of the decision of the Secretary at such ports of entry designated by the petitioner in his notice of desire to contest, as will enable the petitioner to contest the appraised value or classification of, or rate of duty imposed upon, such merchandise in the liquidation of one such entry at such port. The Secretary shall direct the appropriate customs officer at such ports to notify the petitioner by mail immediately when the first of such entries is liquidated. " (d) Notwithstanding the filing of an action pursuant to section 26.32 of title 28 of the United States Code, merchandise of the character covered by the published decision of the Secretary (when entered for con umption or withdrawn from warehouse for consumption on or before the date of publication of a decision of the United

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/345

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

287

States Customs Court or of the United States Court of (\istoms and l^atent Appeals, not in harmony with the published decision of the Secretary) shall be appraised or classified, or both, and the entries li(piidated, in accordance with the decision of the Secretary and, except as otherwise provided in this chapter, the final liquidations of these entries shall be conclusive upon all parties. (e) The consig:nee or his a^ent shall have the ri^-ht to appear and to he heard as a party in interest before the United States Customs Court. (f) If the cause of action is sustained in whole or in part by a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals, merchandise of the character covered by the published decision of the Secretary, which is entered for consumption or withdrawn from warehouse for consumption after the date of publication of the court decision, shall be subject to appraisement, classification, and assessment of duty in accordance with the final judicial decision in the action, and the liquidation of entries covering the merchandise so entered or withdrawn shall be suspended until final disposition is made of the action, whereupon the entries shall be liquidated, or if necessary, reliquidated in accordance with the final decision. '"(g) Reofulations shall be prescribed by the Secretary to implement the procedures required under this section.*' R E F U N D S AND ERRORS

SEC. ^>l. Section rr20(c) of the Tarifi' Act (19 U.S.C. 1520(c)) is 52 Stat. io86; amended by 67 Stat. 519. (a) striking the words '"the Secretary of the Treasury may authorize a collector to" and substituting the words "the appropriate customs officer may, in accordance with regulations prescribed by the Secretary,"; (b) strikiujj the word "appraisement," wherever it appears in paragraph (1); and (c) deletiufr "sixty" and substituting "ninety" and deleting "ten'" and substituting "nine" in paragraph (1). TITLE III — M I S C E L L A X E O r S AMENDMENTS T E C IIX i r A l. AXD COXFORMING AMENDMENTS

SEC. 301. The Tariff Act of 1930, as amended (19 U.S.C. ch. 4), is further amended as follows: {a) Section 305 (19 U.S.C. 1305) is amended by— (1) striking the word "collector" in the first paragraph and inserting in lieu thereof "appropriate customs officer"; and (2) striking the term "the collector" where it first appears in the second paragraph and inserting in lieu thereof "the approl)riate customs officer" and by striking the term "the collector" wherever it thereafter appears in the paragraph and inserting in lieu thereof '"such customs officer". (b) Sections 311, 315, 432, 434, 438, 441, 443-447, 449-450, 452-455, 457, 485, 490, 492, 496, 521, 555, 562, 584, 586, 609, 613, and 614 (19 U.S.(\ 1311, 1315, 1432, 1434, 1438, 1441, 1443-1447, 1449-1450, 14521455, 1457, 1485, 1490, 1492, 1496, 1521, 1555, 1562, 1584, 1586, 1609, 1613, and 1614) are amended by striking the word "collector" wherever it appears in the sections and inserting in lieu thereof "appropriate customs officer".

46 Stat. 590. ^^ ^^^ • 46 Stat. 688.

^^ Stat. sos;

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/346

 288 49*sta!? 52?.*' 19 USC 1401.

PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

(^) Section 401 (10 U.S.C. 1401) is amended by— (1) striking subsections (h), (i),and (j); (2) redesignating subsections (k), (1), (m), and (n) as subsections (h), (i), (j), and (k), respectively, and amending redesignated subsection (i) to read as follows: cu'It^^ms"^" °^ ^^^ " (i) OFFICER OF THE CUSTOMS: CUSTOMS OFFICER.—The terms 'officer "custom's officer." of the customs' and 'customs officer' mean any officer of the Bureau of Customs of the Treasury Department (also hereinafter referred to as the 'Customs Service') or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person authorized by law or designated by the Secretary of the Treasury to perform any duties of an officer of the Customs Service." (3) adding a new subsection (1) to read as follows: "Secretary." u^j^ SECRETARY.—Tile temi 'Secretary' means the Secretary of the Treasury or his delegate.'' 70 Stat. 943. (^j) Section 42a (19 U.S.C. 1402) is amended by— (1) striking the word "appraiser" wherever it appears in the section and inserting in lieu thereof "appropriate customs officer"; and (2) striking the word "APPRAISER'S" in the heading of subsection (b) and inserting in lieu thereof "CUSTOMS OFFICER'S". (8) striking the words "subject to review in reappraisement l)roceedings under section 501" and inserting in lieu thereof Ante, p. 284. "subject to protest in accordance with section 514". (e) Sections 448, 498, and 608 (19 U.S.C. 1448, 1493, and 1608) are amended by striking the term "the collector" where it first appears in each section and inserting in lieu thereof "the appropriate customs officer" and by striking the term "the collector" wherever it thereafter appears in each section and inserting in lieu thereof "such customs officer". 52 Stat. 1082; (f) Section 451 (19 U.S.C. 1451) is amended by— 58 Stat. 269. (1) striking the word "collector where it appears the first time in the section and inserting in lieu thereof "appropriate customs officer; (2) striking out the word "collector" where it appears the second time in the section and inserting in lieu thereof "such customs officer"; and (3) striking the word "collector" where it appears the third time in the section and inserting in lieu thereof "appropriate customs officer''. 52 Stat. 1083. (g) Section 467 (19 U.S.C. 1467) is amended by striking the words "collector of customs" and inserting in lieu thereof "appropriate customs officer". 46 Stat. 720. (j^) Section 482 (19 U.S.C. 1482) is amended as follows— (1) subsection (e) is amended by striking the term "collector of customs" and inserting in lieu thereof "apptopriate customs officer"; and (2) subsection (f) is amended by striking "collector of customs or the person acting as such, or by his deputy" and inserting in lieu thereof "appropriate customs officer". 67 Stat. 509. (J) Section 484 (19 U.S.C. 1484) is amended as follows— (1) subsection (a) is amended by striking the word "collector" and inserting in lieu thereof "appropriate customs officer"'; (2) paragraph (1) of subsection (c) is amended by striking the term "the collector" where it first appears in the paragraph ' and in^ertinjr in lieu thereof ''the appropriate customs officer" and by striking the term "the collector" where it thereafter appears in the paragraph and inserting in lieu thereof "such customs officer";

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/347

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

289

(3) paragraph (2) of subsection (c) is amended by striking the term "The collector"' and inserting in lieu thereof "The appropriate customs officer" and by striking the term "the collector'' wherever it appears in the paragraph and inserting in lieu thereof "such customs officer"; (4) subsection (g) is amended by striking the term "collector or the appraiser" and inserting in lieu thereof "appropriate customs officer"; (5) the second and third sentences of subsection (j) are amended by striking the word "collector" and inserting in lieu thereof "customs officer"; and (6) the fourth sentence of subsection (j) is amended by striking the term "a collector" and inserting in lieu thereof "a customs officer" and by striking the terms "the collector" and "such collector" and inserting in lieu thereof "such customs officer". (j) Section 491 (19 U.S.C. 1491) is amended by striking the words ^^ISi^'ioss^ "by the appraiser of merchandise and sold by the collector" and inserting in lieu thereof "and sold by the appropriate customs officer". (k) Section 499 (19 U.S.C. 1499) is amended as follows— (1) the first sentence is amended by striking the word "appraiser" and inserting in lieu thereof "appropriate customs officer"; (2) the second sentence is amended by striking the term "The collector" and inserting in lieu thereof "Such officer"; (3) the fifth sentence is amended to read: "Such officer may require such additional packages or quantities as he may deem necessary."; (4) the sixth sentence is amended to read: "If any package contains any article not specified in the invoice and, in the opinion of the appropriate customs officer, such article was omitted from the invoice with fraudulent intent on the part of the seller, •' shipper, owner, or agent, the contents of the entire package in which such article is found shall be subject to seizure, but if no such fraudulent intent is apparent, then the value of said article ^ '"' shall be added to the entry and the duties thereon paid accordingly."; (5) the seventh sentence is amended by striking the word "collector" and inserting in lieu thereof "appi-opriate customs officer"; and (6) the last sentence is amended by striking the words "appraiser's return of value" and inserting in lieu thereof "appraisement" and by striking the words "value returned by the appraiser" and inserting in lieu thereof "appraisement". (1) Section 502 (19 U.S.C. 1502) is amended by striking the words "appraiser, deputy appraiser, assistant appraiser, or examiner of merchandise" and inserting in lieu thereof "customs officer". (m) Section 50fi (19 T'.S.C. 1506) is amended as follows: (1) paragraph (1) is amended by striking the term "the collector" where it first appears in the paragraph and inserting in lieu thereof "the appropriate customs officer" and by striking the term "the collector" where it thereafter appears in the paragraph and inserting in lieu thereof "such customs officer"; and (2) paragraph (2) is amended by striking the word "collector" and insertino- in lieu thereof "appropriate customs officer". (n) Section 509 (19 U.S.(\ 1509) is amended by striking the term " ^*^*- ^^°"Collectors and appraisers" and inserting in lieu thereof "Appropriate customs officers".

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/348

 290 46 Stat. 733.

67 Stat. 508. 67 Stat. 519. Ante, p. 284.

PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

(Q) Section 510 (19 U.S.C. 1510) is amended by— (1) striking the words "or a division of such court," the first time they appear; (2) striking "or an appraiser, or a collector" and inserting in lieu thereof "or an appropriate customs officer"; (3) striking "an appraiser" and inserting in lieu thereof "an appropriate customs officer, or"; (4) striking the words "or a division of such court," the second and third times they appear; and (5) striking "or appraiser or collector" and inserting in lieu thereof "or appropriate customs officer". (p) Section 611 (19 U.S.C. 1511) is amended by— (1) striking the words "or an appraiser, or person acting as appraiser, or a collector" and inserting in lieu thereof "or an appropriate customs officer"; (2) striking the term "the collectors" and inserting in lieu thereof "customs officers"; and (3) striking the term "the collector" and inserting in lieu thereof "the appropriate customs officer". (q) Section 512 (19 U.S.C. 1512) is amended by— (1) striking the word "collector" and inserting in lieu thereof "customs officer"; and (2) striking the word "collectors" and inserting in lieu thereof "customs officers". (r) Section 513 (19 U.S.C. 1513) is amended by striking the word "COLLECTOR'S" in the heading thereof and inserting in lieu thereof "CUSTOMS OFFICER'S" and by striking the words "collector or other" wherever they appear in the section. (g) Section 523 (19 U.S.C. 1523) is amended by striking the word "collectors' " and inserting in lieu thereof "customs officers'". (t) The fifth sentence of section 557(b) (19 U.S.C. 1557(b)) is amended by striking the words "an appeal for reappraisement under section 501" and inserting in lieu thereof "a protest contesting an appraigemeut decision in accordance with section 514". (u) Section 560 (19 TT.S.C. 1560) is amended by striking the words "collector or other". (v) Section 563 (19 U.S.C. 1563) is amended by— (1) striking the term "collectors of customs" and inserting in lieu thereof "appropriate customs officers"; and (2) striking the word "collector" and inserting in lieu thereof "customs officer". (w) Section 564 (19 U.S.C. 1564) is amended by striking the term "collector of customs" and inserting in lieu thereof "customs officer". (x) Section 565 (19 U.S.C. 1565) is amended by— (1^ striking the term "collector of customs" and inserting in lieu thereof "appropriate customs officer"; and (2) striking the word "collector" wherever it thereafter appears in the section and inserting in lieu thereof "customs officer". (y) Section 595 (19 U.S.C. 1595) is amended by striking the words "collector of customs or other". (z) Section 602 (19 U.S.C. 1602) is amended by— (1) striking the word "COLLECTOR" in the heading and inserting in lieu thereof "CUSTOMS OFFICER"; and (2) striking the word "collector" where it first appears in the section and inserting in lieu thereof "appropriate customs officer" and by striking the word "collector" wherever it thereafter appears in the section and inserting in lieu thereof "customs officer".

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/349

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

(aa) Section 608 (19 U.S.C. 1603) is amended by— (1) striking the word "COLLECTOR'S in the heading thereof and inserting in lieu thereof "CUSTOMS OFFICER'S; and (2) striking the words "collector or the principal local officer of the Customs Agency Service" and inserting in lieu thereof "appropriate customs officer". (bb) Section 604 (19 U.S.C. 1604) is amended by striking the word "collectors" and inserting in lieu thereof "customs officers"'. (cc) Section 605 (19 U.S.C. 1605) is amended by— _ _ (1) striking the word "'collector'" and inserting in lieu thereof "appropriate customs officer""; and (2) striking the word "collector's" and inserting in lieu thereof "customs officer's"'. (dd) Section 606 (19 U.S.C. 1606) is amended by striking the words "collector shall require the appraiser to"" and inserting in lieu thereof "appropriate customs officer shall"". (ee) Sections 607 and 610 (19 U.S.C. 1607 and 1610) are amended

291 52 Stat. 1089.

46 Stat. 754. ^^ Stat. ii4i.

(1) striking the words "returned by the appraiser; and (2) striking the word "collector" and inserting in lieu thereof "appropriate customs officer'". (ff) Section 612 (19 U.S.C. 1612) is amended as follows: (1) the first sentence is amended by striking the term "the collector" where it first appears and inserting in lieu thereof "the appropriate customs officer"; by striking the words "by the appraiser""; by striking the term "the collector" where it thereafter appears and inserting in lieu thereof "such officer"; and by striking the words "within twenty-four hours after receipt by him of the appraiser's return"; (2) the second sentence is amended by striking the term "the collector'' and inserting in lieu thereof "such officer'*; and (3) the third sentence is amended by striking the word "collector"' and inserting in lieu thereof "customs officer'". (gg) Section 617 (19 U.S.C. 1617) is amended by striking the word "collector" and inserting in lieu thereof "customs officer'" and by striking the words "or customs agent." (hh) Section 618 (19 U.S.C. 1618) is amended by striking the words "customs agent, collector, judge of the United States Customs Court, or Ignited States commissioner," and inserting in lieu thereof "customs officer". (ii) Section 623 (19 U.S.C. 1623) is amended by striking the term 52 Stat. 1089. "collectors of customs" and inserting in lieu thereof "customs officers"'. (jj) Section 641 (19 U.S.C. 1641) is amended by striking the words ^^tH^^^^J/^' "collector or chief" wherever they appear and substituting therefor 49 s t a t. 864. "appropriate". (kk) Section 648 (19 U.S.C. 1648) is amended by striking the term "Collectors of customs" and inseiting in lieu thereof "Customs officers". SEC. 302. The last paragraph of so much of section 1 of the Act of August 1, 1914, as relates to the Customs Service, as amended (38 Stat. 623; 19 U.S.C. 2), is amended to read as follows: "The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise, the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead. The President is authorized from time to time to change the location of the headquarters in any customs-collection district as the needs of the service may require."'

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/350

 292 43 Stat. 748.

8o^s a'°*64V°'

64 Stat. 246.

39 Stat. 239.

68 Stat. 1139. 42 Stat. 14.

PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

SKC. 808. Section 2 of the Act of March 4, 1928, as amended (19 U.S.C. H), is amended by— (a) striking the first and second sentences and inserting in lieu thereof the following: "Any officer of the customs service designated by the Secretary of the Treasury for foreign service, shall, through the Department of State, be regularly and officially attaclied to the diplomatic missions of the United States in the countries in which they are to be stationed, and when such officers are assigned to countries in which there are no diplomatic missions of the United States, appropriate recognition and standing with full facilities for discharging their official duties shall be arranged by the Department of State."'; and (b) striking the words "and employees" in the last sentence of the section. SEC. 304. Section 2619 of the Revised Statutes, as amended (19 U.S.C. 31), is amended to read as follows: "A bond to the United States may be required of any customs officer for the true and faithful discharge of the duties of his office according to law." SEC. 305. Section 2620 of the Revised Statutes, as amended (19 U.S.C. 32), is amended to read as follows: "The amounts, conditions for filing, and procedures for the approval of bonds required of customs officers shall be set forth in regulations prescribed by the Secretary of the Treasury.-' SEC. 806. Section 8 of the Act of August 24, 1912, as amended (19 XT-S.C. 50), is amended by striking the term "Collectors of customs'' and inserting in lieu thereof "Customs officers". SEC. 307. Section 2654 of the Revised Statutes, as amended (19 U.S.(\ 58), is amended by striking the word "Collectors" and inserting in lieu thereof "Customs officers". SEC. 308. Section 251 of the Revised Statutes (19 U.S.C. 66) is amended by striking the word "collectors'" and inserting in lieu thereof "customs officers"". SEC. 309. Section 8 of the Act of June 18, 1934, as amended (19 U.S.C. 81c) is amended by— (a) striking the term "collector of customs" and inserting in lieu thereof "appropriate customs officer"; and (b) striking the word "collector"' and inserting in lieu thereof "appropriate customs officer". SEC. 310. The Act of June 28, 1916 (19 U.S.C. 151), is amended by striking the term "collector of customs'" and inserting in lieu thereof "appropriate customs officer". SEC. 311. Section 202(a) of the Act of May 27, 1921 (19 U.S.C. 161(a)), is amended by striking the word "report"'. Q!^^^. 312. Section 208 of the Act of May 27, 1921 (19 ILS.C. 167), is amended by striking the term "collector" where it first appears in the section and inserting in lieu thereof "appropriate customs officer"' and by striking the term "the collector"' wherever it thereafter appears in the section and inserting in lieu thereof "such customs officer". SEC. 813. Section 209 of the Act of May 27, 1921, as amended (19 U.S.C. 168), is amended by— (a) striking the words "appraiser or person acting as anr)raiser"' where they first appear in the section and inserting in 1 ieu thereof "appropriate customs officer"; (b) striking the words "report to the collector" where they first appear in the section;

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/351

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

(c) strikiiio- the. words "each appraiser or person acting as appraiser" and inserting in lieu thereof "such customs officer'"; and (d) striking the words "and report to the collector*". SEC. 314. Section 210 of the Act of May 27, 1921, as amended (19 U.S.C\ 1B9), is amended by— (a) striking the words "appraiser or person acting as appraiser" and inserting in lieu thereof "appropriate customs officer"; (b) striking the term "the collector"" and inserting in lieu thereof "such customs officer"; and (c) striking the words "appeal and" and "appeals and". SEC. 815. Section 5 of the Act of February 13, 1911, as amended (19 U.S.C. 261), is amended by striking ", and any customs officer who may be designated for that purpose by the collector of customs,". SEC. 316. Section 5 of the Act of February 13, 1911, as amended (19 U.S.C. 267), is amended by— (a) striking the words "inspectors, storekeepers, weighers, and other"; and (b) striking the term "collector of customs'' wherever it appears in the section and inserting in lieu thereof "appropriate customs officer". SEC. 317. Section 3111 of the Revised Statutes (19 T\S.C. 282) is amended by striking the words "other or"' and by striking the words "the collector or other"" and the words "a collector or other" and inserting in lieu thereof in each instance the word "an". SEC. 318. Section 3126 of the Revised Statutes (19 T^S.C. 293) is amended by striking out "collectors" and inserting in lieu thereof "appropriate customs officers"". SEC. 319. Section 2863 and 3087 of the Revised Statutes, as amended (19 U.S.('. 341 and 528), are amended by striking the word "collector" and inserting in lieu thereof "appropriate customs officer". SEC. 320. The Act of June 16, 1937 (19 U.S.C. 1435b), is amended by— (a) striking the words "collector of customs, or any deputy collector of customs designated by him" and inserting in lieu thereof "appropriate customs officer"; and (b) striking the words "jointly by the Secretary of Commerce and"'.

293

42 Stat. 15.

4i Stat. 402.

50 Stat. 303.

REPEALS

SEC. 321. The following Inws are hereby repealed: (a) section 2613 of the Revised Statutes, as amended (19 U.S.C. 5); (b) the last paragraph of so much of section 1 of the Act of July 5, 1932, as relates to the Bureau of Customs (47 Stat. 584; 19 U.S.C. 5a); (c) section 3 of the Act of March 4, 1923 (19 U.S.C. 7); 42 Stat. 1453. (d) section 2629 of the Revised Statutes, as amended (19 U.S.C. 8); (e) section 2625 of the Revised Statutes, as amended (19 ? U.S.C. 9); ^ (f) section 2630 of the Revised Statutes, as amended (19 U.S.C. 10); (g) section 2632 of the Revised Statutes, as amended (19 U.S.C. 11); (h) the Act of February 6, 1907, as amended (19 U.S.C. 3 6); ^^ ^'^'- ««o" (i) section 2633 of the Revised Statutes (19 U.S.C. 37); (i) section 7 of the Act of March 4, 1923 (19 U.S.C. 5 1); and ^2 Stat. i454: (k) sections 1 and 2 of the Act of August 28, 1890 (19 U.S.C. ^°26'it;t.^l62; 80 Stat. 636. 63). Approved June 2, 1970.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/352

 294

PUBLIC LAW 91-272-JUNE 2, 1970

[84 STAT.

Public Law 91-272 June 2, 1970 [S. 952]

U.S. district court j u d g e s.

Alabama. 62 Stat. 895; 80 Stat. 77.

K a n s a s, Pennsylvania, Wiscons i n, permanent judgeships.

28 USC 133 notes.

AN ACT To provide for the appointment of additional district judges, and for other purposes.

Be it enacted by the Seiuite and House of Represenfathes of the United /States of Amet-iea in Congress assembled. That (a) the President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the northern district of Alabama, one additional district judge for the middle district of Alabama, one additional district judge for the district of Arizona, two additional district judges for the northern district of California, three additional district judges for the central district of California, three additional district judges for the southern district of California, one additional district judge for the district of Colorado, one additional district judge for the middle district of Florida, two additional district judges for the southern district of Florida, three additional district judges for the northern district of Georgia, one additional district judge for the southern district of Georgia, two additional district judges for the northern district of Illinois, one additional district judge for the eastern district of Kentucky, one additional district judge for the western district of Kentucky, two additional district judges for the eastern district of Louisiana, one additional district judge for the western district of Ix)uisiana, two additional district judges for the district of Maryland, two additional district judges for the eastern district of Michigan, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Nebraska, one additional district judge for the district of New Jersey, one additional district judge for the district of New Mexico, one additional district judge for the eastern district of New York, three additional district judges for the southern district of New York, one additional district judge for the northern district of Ohio, one additional district judge for the southern district of Ohio, six additional district judges for the eastern district of Pennsylvania, two additional district judges for the western district of Pennsylvania, one additional district judge for the district of Puerto Rico, one additional district judge for the district of South Carolina, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, one additional district judge for the eastern district of Texas, one additional district judge for the southern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the eastern district of Virginia, and one additional district judge for the southern district of West Virginia. (b) The existing district judgeshij) for the middle and southern districts of Alabama, heretofore provided for by section 133 of title 28 of the United States Code, shall hereafter be a district judgeship for the southern district of Alabama only, and the present incumbent of such judgeship shall henceforth hold his office under such section 133, as amended by subsection (d) of this section. (c) The existing district judgeship for the district of Kansas, the existing district judgeships for the eastern district of Pennsylvania, and the existing district judgeship for the eastern district of Wisconsin, created by section 5 of the Act entitled "An Act to provide for the appointment of additional circuit and district judges, and for other purposes", approved March 18, 1966 (80 Stat. 78), and amended by the Act of September 23, 1967 (81 Stat. 228), shall be permanent judgeships and the present incumbents of such judgeships shall henceforth hold their offices under section 133 of title 28, United States

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/353

 84 STAT. ]

PUBLIC LAW 91-27 2-JUNE 2, 1970

295

Code, as amended by subsection (d) of this section. The Act of Sep- Repeau. tember 23, 1967 (81 Stat. 228), and section 5 of the Act of March 18, 1966 (80 Stat. 78), are repealed. _ no^tL"^*^ ^^^ (d) I n order that the table contained in section 133 of title 28 of the United States Code will reflect the changes made by this section 62 stat, 895; in the number of permanent district judgeships for certain judicial *° ^*^*' '^* districts and combinations of districts, such table is amended to read as follows with respect to those districts: "Districts Alabama: Northern Middle Southern Arizona

Judges 4 2 2 5

California: Northern

11

Central Southern Colorado

16 5 4

^

H:

^

9K

^

H<

Hi

Florida: Middle Southern Georgia: Northern

6 7 6

if!

Ht

ij:

if

it:

^'

Southern

2

Illinois: Northern

13

Kansas Kentucky: Eastern Western

4 2 3

Loui.-iana: Eastern Western

10 4

Maryland

7

Michigan: Eastern

10

Missouri: Eastern

3

4:

i|c

4t

Nebraska New Jersey New Mexico New Y o r k:

3 9 3

Southern Eastern

47-348 O - 72 - 23 (Pt. 1)

)|(

« 27 9

�


text:
Author:Basil Home Thomson

Works

 * South Sea Yarns (1894)
 * Savage Island (1902)

title: Author:Basil Home Thomson


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/354

 PUBLIC LAW 91-272-JUNE 2, 1970

296

[84 STAT.

"Districts hio: Northern Southern
 * i:

Judges 8 5 «

T'ennsylvania: Eastern H:

'• 4:

4:

He

19

He

4:

Western Puerto Rico He

10 3 )|c

South Carolina

«

4i

5

" •

Tennessee: Western He

3

if

Texas: Northern Southern Eastern Western H<

.

6 8 3 5 Hi

Hi

Hi

4e

4i

Virginia: Eastern

6

West Virginia:

-

Southern

New Jersey.

Pennsylvania,

North Carolina.

Virgin Islands.

68 Stat. 506. 48 USC 1614.

Wisconsin: Eastern

2

-

3."

SEC. 2. (a) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of New Jersey. The first vacancy occurring in the office of district judge in that district shall not be filled. (b) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the middle district of Pennsylvania. The first vacancy occurring in the office of district judge in that district shall not be filled. (c) The President shall appoint, by and with the advice and consent of the Senate, one additional district jud^e for the eastern district of North Carolina. The first vacany occurring in the office of district judge in that district shall not be filled. SEC. 8. (a) The President shall appoint, by and with the advice and consent of the Senate, one additional judge for the District Court of the Virgin Islands, who shall hold office for the term of eight years and until his successor is chosen and qualified, unless sooner removed by the President for cause. (b) In order to reflect and implement the changes made by subsection (a) of this section, section 24 of the Revised Organic Act of the Virgin Islands is amended to read as follows: "SEC. 24. (a) The President shall, by and with the advice and consent of the Senate, appoint two judges for the District Court of the Virgin Islands, who shall hold office for terms of eight years and until their successors are chosen and qualified, unless sooner removed by the President for cause. The salary of a judge of the district court shall be at the rate prescribed for judges of the United States district courts. Whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the district court, the chief judge of the Third Judicial Circuit of the United States may assign

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/355

 84 STAT. ]

PUBLIC LAW 91-272-JUNE 2, 1970

297

a judge of the municipal court of the Virgin Ishmds or a circuit or district judge of the Third Circuit, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit, to serve temporarily as a judge of the District Court of the Virgin Islands. The compensation of the judges of the district court and the administrative expenses of the court shall be paid from appropriations made for the judiciary of the United States. "(b) The judge of the district court who is senior in continuous service and under seventy years of age shall be the chief judge of the court and shall have power to appoint officers of the court when and as provided in section 756 of title 28, United States Code. The division of the business of the court among the judges shall be made as prescribed in section 137 of that title. "(c) The Attorney General shall appoint a United States marshal for the Virgin Islands, to whose office the provisions of chapter 33 of title 28, United States Code, shall apply." SEC. 4. (a) Section 128(a) of title 28, United States Code, is amended to read as follows: "EASTERN DISTOICT

^2 Stat. 923. 62 Stat. 897. so Stat. eie. was^M^gfon.""^' 62 Stat. 894; ^^ ^'^*' ^^*-

" (a) The Eastern District comprises the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima. "Court for the Eastern District shall be held at Spokane, Yakima, Walla Walla, and Richland." (b) Section 128(b) of title 28, United States Code, is amended to read as follows: "WESTORN

DISTOICT

" (b) The Western District comprises the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom. "Court for the Western District shall be held at Bellingham, Seattle, and Tacoma." SEC. 5. Section 92 of title 28, United States Code, is amended to read as follows: "§ 92. Idaho "Idaho, exclusive of Yellowstone National Park, constitutes one judicial district. "Court shall be held at Boise, Coeur d'Alene, Moscow, and Pocatello.'SEC. 6. Section 118(a) of title 28, United States Code, is amended to 1

» n

^ '

'

'

" Stat. 877.

f;?""^^^':^"'^62 Stat. 888.

read as follows: "EASTERN DISTRICT

" (a) The Eastern District comprises the counties of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, Philadelphia, and Schuylkill. "Court for the Eastern District shall be held at Allentown, Easton, Reading, and Philadelphia." SEC. 7. The second sentence of section 117 of title 28, United States Code, is amended to read as follows: "Court shall be held at Coquille, Eugene, Klamath Falls, Medford, Pendleton, and Portland." SEC. 8. Section 93(a) of title 28, United States Code, is amended by '

Oregon. S'* Stat. 393. minois.

• ' 6 2

Stat. 878.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/356

 298

Indiana. 62 Stat. 879.

Florida. 76 Stat. 248. Michigan. 75 Stat. 8 3.

Tennessee. 62 Stat. 890,

Repeal. 62 Stat. 989.

62 Stat. 921; 74 Stat. 303. Additional reporters.

Court of Claims. 62 Stat. 923. 28 USC 791-795.

PUBLIC LAW 91-272-JUNE 2, 1970

[84

STAT.

striking out "•Court for the Western Division shall be held at Freeport," and inserting in lieu thereof "Court for the Western Division shall be held at Freeport and Rockford,". SEC. 9. The third sentence of section 94(b) of title 28, United States Code, is amended to read as follows: "Court for the Indianapolis Division shall be held at Indianapolis and Richmond.. SEC, 10, The second paragraph of section 89(c) of title 28, United States Code, is amended by inserting "Fort Lauderdale, immediately after "shall be held at". SEC, 11. Section 102(b)(1) of title 28, United States Code, is amended by striking out at the end thereof "and Lansing and inserting in lieu thereof "Lansing, and Traverse City". SEC. 12, (a) Paragraph (1) of section 123(c) of title 28, United States Code, is amended by inserting "Haywood, immediately after "Hardin,". (b) Paragraph (2) of such section is amended by striking out "Haywood,". SEC. 13. Section 41 of the Act of March 2, 1917 (ch, 145, 39 Stat, 965; 48 U.S.C. 863), is repealed. SEC, 14, Section 753 of title 28, United States Code, is amended as follows: (1) The first sentence of subsection (e) is amended by striking out "at not less than $3,000 nor more than $7,630 per annum". (2) A new subsection (g) is added to read as follows: "(g) If, upon the advice of the chief judge of any district court within the circuit, the judicial council of any circuit determines that the number of court reporters provided such district court pursuant to subsection (a) of this section is insufficient to meet temporary demands and needs and that the services of additional court reporters for such district court should be provided the judges of such district court (including the senior judges thereof when such senior judges are performing substantial judicial services for such court) on a contract basis, rather than by appointment of court reporters as otherwise provided in this section, and such judicial council notifies the Director of the Administrative Office, in writing, of such determination, the Director of the Administrative Office is authorized to and shall contract, without regard to section 3709 of the Revised Statutes of the United States, as amended (41 U.S,C, 5), with any suitable person, firm, association, or corporation for the providing of court reporters to serve such district court under such terms and conditions as the Director of the Administrative Office finds, after consultation with the chief judge of the district court, will best serve the needs of such district court," SEC. 15. (a) Chapter 51 of title 28, United States Code, is amended by adding after section 795 thereof the following new section: § 796. Reporting of court proceedings "The Court of Claims is authorized to contract for the reporting of all proceedings had in open court, and in such contract to fix the terms and conditions under which such reporting services shall be performed, including the terms and conditions under which transcripts shall be supplied by the contractor to the court and to other persons, departments, and agencies." (b) The analysis of chapter 51 of title 28, United States Code, is amended by adding at the end thereof the following new item: •'796. K e p o r t i n s of <'ourt proceedings."

Approved June 2, 1970.

'

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/357

 84 STAT. ]

PUBLIC LAW 91-273-JUNE 2, 1970

299

Public Law 91-273 AN ACT To authorize appropriations to the Atomic Energy Coniniission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

June 2, 1970 [ ^ 3818] ^

Be it enacted by the Senate and House of Representatives of the Atomic Energy United States of America in Congress assembled, Commission. SEC. 101. There is hereby authorized to be appropriated to the Appropriation Atomic Energy Commission in accordance with the provisions of authorization. section 261 of the Atomic Energy Act of 1954, as amended: 77 stau 42 USC 2017,, (a) For "Operating expenses", $2,013,37,0, not to exceed $119,450,000 in operating costs for the High P^nergy Physics program category. (b) For "Plant and capital equipment", including construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following: (1) SPECIAL NUCLEAR MATERIALS.—

Project 7 l - l - a, contaminated storm water runofi' control facilities, Savannah River, South Carolina, $900,000. Project 7 l - l - b, in-tank waste solidification systems, Richland, Washington, $6,300,000. Project 71-1-c, storage and waste transfer facilities, Richland, Washington, $1,700,000. Project 71-1-d, radioactive contamination control improvements, National Reactor Testing Station, Idaho, $1,400,000. Project 7 l - l - e, gaseous diifusion production support facilities, $14,700,000. Project 71-1-f, process equipment modifications, gaseous diffusion plants, $6,400,000. (2) ATOMIC WEAPONS.—

Project 71-2-a, weapons production, development and test installations, $10,000,000. (3) REACTORDEVEI>OPMENT.—

Project 71-3-a, modifications to reactors, $2,000,000. Project 71-3-b, research and development test plants. Project Rover, Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, Nevada, $1,000,000. Project 71-3-c, modifications to E B R - II and related facilities. National Reactor Testing Station, Idaho, $2,000,000. (4) PHYSICAL RESEARCIL—

Project 71-4-a, accelerator improvements, zero gradient synchrotron, Argonne National Laboratory, Illinois, $900,000. Project 71-4-b, accelerator and reactor additions and modifications, Brookhaven National Laboratory, New York, $925,000. Project 71-4-c, accelerator improvements, Lawrence Radiation Laboratory, Berkeley, California, $825,000. Project 71-4-d, accelerator improvements, Stanford Linear Accelerator Center, C'alifornia, $950,000. Project 7l-4-e, accelerator improvements, medium and low energy physics, $400,000. (5) BiOLO(iY AND MEDICINE.—

Project 71-5-a, addition to physics building (human radiobiology facility), Argonne National Laboratory, Illinois, $2,000,000. (6) TRAINING, EDUCATION AND INFORMATION.—

Project 71-6-a, National Nuclear Science Information Center ( A E only), Oak Ridge, Tennessee, $600,000. (7) GENERAL P L A N T PROJECTS.—$42,000,000.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/358

 PUBLIC LAW 91-273-JUNE 2, 1970

300

Ante,

p. 299.

Construction design services.

Transfer of amounts.

73 Stat. 84.

79 Stat. 120.

83 Stat. 4 6.

Cooperative arrangement for research and development.

83 Stat. 4 7. 68 Stat. 952. 42 USC 2209. Appropriations.

[84

STAT.

(8) CAPITAL EQuiPMENT.Acquisition and fabrication of capital equipment not related to construction, $178,050,000. SEC. 102. LIMITATIONS.—(a) The Commission is authorized to start any project set forth in subsections 101(b)(1), (2), (3), and (4) only if the currently estimated cost of that project does not exceed by more than 25 per centum the estimated cost set forth for that project. (b) The Commission is authorized to start any project set forth in subsections 101(b)(5) and (6) only if the currently estimated cost of that project does not exceed by more than 10 per centum the estimated cost set forth for that project. (c) The Commission is authorized to start any project under subsection 101(b)(7) only if it is in accordance with the following: (1) The maximum currently estimated cost of any project shall be $500,000 and the maximum currently estimated cost of any buildiiiff included in such project shall be $100,000 provided that the building cost limitation may be exceeded if the Commission determines that it is necessary in the interest of efficiency and economy. (2) The total cost of all projects undertaken under subsection 101(b)(7) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum. SEC. 103. The Commission is authorized to perform construction design services for any Commission construction project whenever (1) such construction project has been included m a proposed authorization bill transmitted to the Congress by the Commission and (2) the Commission determines that the project is of such urgency that construction of the project should be initiated promptly upon enactment of legislation appropriating funds for its construction. SEC. 104. When so specified in an appropriation Act, transfers of amounts between "Operating expenses" and "Plant and capital equipment" may be made as provided in such appropriation Act. SEC. 105. AMENDMENT OF PRIOR YEAR ACT S. — (a) Section 110 of Public Law 86-50, as amended, is further amended by adding the following at the end of the present text of subsection (f) of said section: ^''And provided further, That waiver of use charges by the Commission may not extend beyond ten years after initial criticality of the reactor." (b) Section 101 of Public Law 89-32, as amended, is further amended by adding to subsection (b)(4) for project 66-4-a, sodium pump test facility, the words "for design and Phase I construction." (c) Section 101 of Public Law 91-44 is amended by striking from subsection (b)(1), project 70-1-c, waste encapsulation and storage facilities, Richland, Washington, the words " ( A E o n l y) " and further striking the figure "$1,200,000" and substituting therefor the figure "$10,750,000". SEC.

106.

LIQUID METAL F A S T BREEDER REACTOR DEMONSTRATION

PROGRAM—FOURTH ROUND.— (a) The Commission is hereby authorized to enter into a cooperative arrangement with a reactor manufacturer and others for participation in the research and development, design, construction, and operation of a Liquid Metal Fast Breeder Reactor powerplant, in accordance with the criteria heretofore submitted to the Joint Committee on Atomic Energy and referred to in section 106 of Public Law 91-44, without regard to the provisions of section 169 of the Atomic Energy Act of 1954, as amended, and the Commission is further authorized to continue to conduct the Project Definition Phase subsequent to the aforementioned cooperative arrangement. Appropriations totalling $50,000,000 are hereby authorized for the aforementioned cooperative arrangement and for the Project Definition Phase authorized by section 106 of Public Law

�


text:
Author:Guðbrandur Vigfússon

Works

 * An Icelandic-English Dictionary (1874)

title: Author:Guðbrandur Vigfússon


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/359

 84 STAT. ]

PUBLIC LAW 91-274-JUNE 2, 1970

301

91-44 and this section, said total amount to include the sum authorized ^^ Stat. 47. by section 106 of Public Law 91-44. The Commission is also authorized as^fg^t'^jic"^^ hereby, without regard to the provisions of section 3679 of the Revised Statutes, as amended, to agree under said cooperative arrangement to ^i use ees. provide assistance up to a total amount of $50,000,000 less the sums available to the Commission and utilized for the Project Definition Phase contracts authorized pursuant to section 106 of Public Law 91-44 and this section; and, in addition to said total amount, in the Commission's discretion, to provide assistance up to a total amount of $20,000,000 in the form of Commission-furnished services, facilities or equipment otherwise available to or planned by the Commission under its civilian base program: Provided, That said ceiling amounts shall waiver. not be deemed to include assistance in the form of waiver of use charges during the term of the cooperative arrangement and the Commission may agree to provide such assistance without regard to the provisions of section 53 of the Atomic Energy Act, as amended, by waiving use 73^1431^603^°' charges in an amount not to exceed $10,000,000. si stat! 577! (b) Before the Commission enters into any arrangement or amend- '*^ "^^ 2073. ment thereto under the authority of subsection (a) of this section, suhmfrffo'll^" ' the basis for the arrangement or amendment thereto which the Com- J°int committee mission proposes to execute (including the name of the proposed par- °" '°'"^'' Energy. ticipating party or parties with whom the arrangement is to be made, a general description of the proposed powerplaiit, the estimated amount of cost to be incurred by the Commission and by the participating parties, and the general features of the proposed arrangement or amendment) shall be submitted to the Joint Committee on i^tomic Energy, and a period of forty-five days shall elapse while Congress is in session (in computing such forty-five days, there shall be excluded the days on which either House is not in session because of adjournment for more than three days): Provided, however, That the Joint waiver. Committee, after having received the basis for a proposed arrangement or amendment thereto, may by resolution in writing waive the conditions of, or all or any portion of, such forty-five day period: Provided further, That such arrangement or amendment shall be entered into in accordance with the basis for the arrangement or amendment submitted as provided herein: And provided furthsr^ That no *^°^* limitation. basis for arrangement need be resubmitted to the Joint Committee for the sole reason that the estimated amount of the cost to be incurred by the Commission exceeds the estimated cost previously submitted to the Joint Committee by not more than 15 per cent\im. Approved June 2, 1970.

Public Law 91-274 AN ACT To amend the Act entitled "An Aet to anthorize the partition or sale of inherited interests in allotted lands in the Tulalip Reservation, Washington, and for other purposes", approved June IS, 1956 (70 Stat. 290).

June 2, 1970 [ H. R. 11372]

Be it enacted by the Senate and House of JRepresentatives of the United States of America in Congress assembled, That section 2 of the ^a^uon^'wish!^'^' Act entitled "An Act to authorize the partition or sale of inherited ^ Lands. interests in allotted lands in the Tulalip Reservation, Washington, and for other purposes", approved June 18, 1956 (70 Stat. 290, 25 U.S.C. 403a-2), is amended to read as follows:

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/360

 302

Lands in t r u s t.

Mortgages.

Moneys or credits.

Long-term leases. 81 Stat. 559. 73 Stat. 597; Post, p. 303.

PUBLIC LAW 91-274-JUNE 2, 1970

[84 STAT.

"SEC. 2. (a) Notwithstanding the provisions of the constitution and charter of the Tulalip Tribes of the Tulalip Reservation, any hinds that are held by the United States in trust for the Tulalip Tribes, or that are subject to a restriction against alienation or taxation imposed by the United States, or that are on and after June 18, 1956, acquired by the Tulalip Tribes, may be sold by the Tulalip Tribes, with the consent of the Secretary of the Interior, on such terms and conditions as the Tulalip board of directors may prescribe, and such sale shall terminate the Federal trust or restrictions against alienation or taxation of the land; except that the trust or restricted status of said lands may be retained, upon approval of the Secretary of the Interior, in any sale thereof to any member of the Tulalip Tribes. "(b) The Secretary of the Interior may accept any transfer of title from the Tulalip Tribes for any land or fractional interest in land within the boundaries of the Tulalip Reservation, and take title to such land in the name of the United States in trust for the Tulalip Tribes, and such lands shall not be subject to taxation. "(c) The Tulalip Tribes may, with the approval of the Secretary of the Interior, execute mortgages or deeds of trust to land, the title to which is held by the Tulalip Tribes or by the United States in trust for the Tulalip Tribes. Such land shall be subject to foreclosure and sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State of Washington. For the purpose of any foreclosure or sale jjroceeding, the Tulalip Tribes shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the foreclosure or sale proceeding, and any conveyance of the land pursuant to the foreclosure or sale proceeding shall divest the United States of title to the land. Title to any land redeemed or acquired by the Tulalip Tribes at such foreclosure or sale proceeding shall be taken in the name of the United States in trust for the tribes. Title to any land purchased by an individual Indian member of the Tulalip Tribes at such foreclosure sale or proceeding may, with the consent of the Secretary of the Interior, be taken in the name of the United States in trust for the individual Indian purchaser. " (d) Any moneys or credits received or credited to the Tulalip Tribes from the sale, exchange, mortgage, or granting of any security interest in any tribal land may be used for any tribal purpose."' SEC. 2. The first section of the Act of August 9, 1955 (69 Stat. 589), as amended (25 U.S.C. 415), is amended by inserting after "the Gila Riv^er Reservation," the following: "the Tulalip Indian Reservation,"'. SEC. 8. Section 1 of the Act of August 9, 1955 (69 Stat. 589), as amended (25 U.S.C. 415), is redesignated as subsection 1(a) and a new subsection 1(b) is added as follows: "(b) Any lease by the Tulalip Tribes under subsection (a) of this section, except a lease for the exploitation of any natural resource, shall not require the ajiproval of the Secretary of the Interior (1) if the term of the lease does not exceed fifteen years, with no option to renew, or (2) if the term of the lease does not exceed thirty years, with no option to renew, and the lease is executed jjursuant to tribal regulations previously approved by the Secretary of the Interior."' Approved June 2, 1970.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/361

 84 STAT. ]

303

PUBLIC LAW 91-277-JUNE 12, 1970

Public Law 91-275 AN ACT To amend the Act of August 9, 1955, to authorize longer term leases of Indian lands at the Yavapai-Prescott Community Reservation in Arizona.

Be it enacted by the Senate and House of Representatives of the United States of Ametica in Congress assembled, That the second sentence of section 1 of the Act of August 9, 1955 (69 Stat. 589), as amended (25 U.S.C. 415), is hereby further amended by inserting the words "Yavapai-Prescott Community Eeservation," after the words "San Carlos Apache Reservation,". SEC. 2. Section 1 of the Act of August 9, 1955 (69 Stat. 539), as amended, is further amended by adding the following new sentence at the end thereof: "Prior to approval of any lease or extension of an existing lease pursuant to this section, the Secretary of the Interior shall first satisfy himself that adequate consideration has been given to the relationship between the use of the leased lands and the use of neighboring lands; the height, quality, and safety of any structures or other facilities to be constructed on such lands; the availability of police and fire protection and other services; the availability of judicial forums for all criminal and civil causes arising on the leased lands; and the effect on the environment of the uses to which the leased lands will be subject.". Approved June 2, 1970.

June 2, 1970 [ H. R. 12878]

Indian lands, Ariz. Long-term leases. 81 Stat. 560.

Ante, p. 302.

Public Law 91-276 AN ACT To authorize the Public Printer to fix the subscription price of the daily Congressional Record.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last full paragraph of section 906 of title 44, United States Code, is amended to read as follows: "The Public Printer may furnish the daily Record to subscribers at a price determined by the Public Printer based upon the cost of printing and distribution, such price to be payable in advance." Approved June 12, 1970.

June 12, 1970 [S. 3339]

Congressional Record, subscription p r i c e. 82 Stat. 1259.

Public Law 91-277 JOINT RESOLUTION Extending for four years the existing authority for the erection in the District of Columbia of a memorial to Mary McLeod Bethune.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, effective June 1, 1967, the last sentence of the joint resolution entitled "Joint resolution authorizing the erection in the District of Columbia of a memorial to Mary McLeod Bethune", approved June 1, 1960, as amended (74 Stat. 154, 79 Stat. 822), is amended by striking out "within seven years" and inserting in lieu thereof "within eleven years". Approved June 12, 1970.

June 12, 1970 [H. J. R e s. 1069]

Mary McLeod Bethune Memorial.

�


text:
Page:United States Statutes at Large Volume 84 Part 1.djvu/362

 304

PUBLIC LAW 91-278-JUNE 12, 1970

[84 STAT.

Public Law 91-278 June 12, 1970 [H. R. 1 3 8 1 6 ]

C o a s t Guard. 63 Stat. 496; 75 Stat. 827.

14 USC 2.

Active duty promotion l i s t. 77 Stat. 174. Life and property saving. 63 Stat. 5 0 1.

Cadets. 63 Stat. 508; 8b Stat. 195.

70A Stat. 27; 72 Stat. 1440, 1570. Permanent t e a c h e r s, retirement. 63 Stat. 509; 77 Stat. 175. 63 Stat. 508. 14 USC 181-194.

,^ f

•

- i ''

'- i i. !

AN ACT To improve and clarify certain laws affecting the Coast Guard.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 14, United States Code, is amended as follows: (1) Section 2 is amended— (A) by deleting the word "upon" and substituting therefor the words "on and under", in the clause preceding the first semicolon; (B) by inserting "and under" after the phrase "life and property on" and deleting the word "on" after the jphrase "the high seas and" in the clause preceding the second semicolon; and (C) by correctly spelling icebreaking as an unhyphenated word and inserting ", under," after the phrase "promotion of safety on" in the clause preceding the third semicolon. . (2) Section 41a (a) is amended by deleting the comma after the word "components" in the last sentence and inserting the words "or assigned to the Selective Service System," in lieu thereof. (3) The beginning of the first sentence of subsection (a) of section 88 is amended to read as follows: "(a) In order to render aid to distressed persons, vessels, and aircraft on and under the high seas and on and under the waters over which the United States has jurisdiction and in order to render aid to persons and property imperiled by flood, the Coast Guard may:" (4) Section 182 is amended— (A) by striking the word "four" and inserting the word "six" in lieu thereof in the first sentence; (B) by inserting the words "to complete the course of instruction at the Coast Guard Academy and "after the word "prescribe," in the penultimate sentence; (C) by designating the amended section as subsection (a); and (D) by adding a new subsection (b) as follows: "(b) A cadet who does not fulfill his obligation to complete the course of instruction or refuses to accept an appointment as an officer in the Coast Guard may be transferred by the Secretary to the Coast Guard Reserve in an appropriate enlisted grade or rating, and, notwithstanding section 651 of title 10, United States Code, may be ordered to active duty to serve in that grade or rating for such period of time as the Secretary prescribes, but not for more than four years." (5) The first sentence of section 190 is amended by inserting at the end thereof, the words ", nor shall they be required to retire at age sixty-two but may be permitted to serve until age sixty-four at which time unless earlier retired or separated they shall be retired". (6) Chapter 9 is amended by adding at the end thereof a new section 196 as follows: conditions " (a) The Secretary may permit not to exceed four persons at a time from the Republic of the Philippines designated by the President to receive instruction at the Academy. "(b) A person receiving instruction under this section is entitled to the same pay and allowances, to be paid from the same appropriations, as cadets at the Academy.
 * '§ 195. Admission of foreigners for instruction; restrictions;

�