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Page:United States Statutes at Large Volume 91.djvu/1274

 91 STAT. 1240 Cuba, assistance prohibition. Human rights.

22 USC 262d-l.

Terrorism, prohibitions.

Diplomatic missions to U.S., insurance. Reports to Speaker of the House and President of the Senate. 22 USC 252 note.

Dr. Halla Brown, accident compensation.

PUBLIC LAW 95-148—OCT. 31, 1977 SEC. 506. None of the funds appropriated in this Act shall be used for any form of aid or trade, either by monetary payment or by the sale or transfer of any goods of any nature, directly to Cuba. SEC. 507. It is the sense of the Congress that, where other means have proven ineffective in promoting international human rights, and except where the President determines that the cause of international human rights is served more effectively by actions other than voting against such assistance or where the assistance is directed to programs that serve the basic needs of the impoverished majority of the countrv in question, United States representatives to the International Bank for Reconstruction and Development, the International Development Association, the African Development Fund, the Asian Development Bank, and the Inter-American Development Bank should oppose loans and other financial or technical assistance to any country that persists in a systematic pattern of gross violations of fundamental human rights. SEC. 508. Notwithstanding the budget authority levels of $523,000,000 for the Inter-American Development Bank and $400,000,000 for the International Bank for Reconstruction and Development provided elsewhere in this Act, not more than $480,000,000 shall be made available by this Act for obligation or expenditure for a United States contribution to the Inter-American Development Bank and not more than $380,000,000 shall be made available by this Act for obligation or expenditure for a United States contribution to the International Bank for Reconstruction and Development: Provided, That this section shall apply only to the establishment of budget authority levels for the aforementioned Banks and shall not alter limitations, restrictions or other language provisions elsewhere in this Act. SEC. 509. None of the funds appropriated or otherwise made available by this Act to the Export-Import Bank and funds appropriated by this Act for direct foreign assistance may be obligated for any government which aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed an act of international terrorism, unless the President of the United States finds that the national security requires otherwise. SEC. 510. It is the sense of the Congress that the Secretary of State should prepare and submit to the Speaker of the House of Representatives and to the President of the Senate— (1) not later than six months after the date of enactment of this section, a report on the adequacy of insurance provided by the accredited diplomatic missions to the United States to cover loss or injury arising from the wrongful acts or omissions of the employees of such missions in the United States; (2) not later than one year after the date of enactment of this section, a report on what efforts the President and the Secretary of State have made to encourage the provision of such coverage; and (3) not later than six months after the date of enactment of this section, a report on what the Secretary of State has done to encourage the Government of Panama to make satisfactory compensation to Dr. Halla Brown for loss or injury arising out of the accident of April 20, 1974.

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Page:United States Statutes at Large Volume 91.djvu/1275

 PUBLIC LAW 95-148—OCT. 31, 1977

91 STAT. 1241

TITLE VI—KOMANIAN RELIEF AND REHABILITATION SEC. 601. For expenses necessary to carry out the provisions of section 495D of the Foreign Assistance Act of 1961, as amended, 22 USC 2292j. $13,000,000 for the fiscal year 1977 for Romanian relief and rehabilitation assistance, to remain available until expended. This Act may be cited as the "Foreign Assistance and Related Pro- Short title, grams Appropriations Act, 1978". Approved October 31, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-417 (Comm. on Appropriations), No. 95-633 (Coram, of Conference) and No. 95-701 (Comm. of Conference). SENATE REPORT No. 95-352 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): June 22, 23, considered and passed House. Aug. 5, considered and passed Senate, amended. Oct. 18, House agreed to conference report; receded and concurred in certain Senate amendments; receded and concurred in certain other amendments, with amendments; disagreed to Senate amendment No. 47. Oct. 19, Senate agreed to conference report; concurred in certain House amendments and receded from disagreement to amendment No. 47.

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text: 1911 Encyclopædia Britannica/Martin (popes)


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Page:United States Statutes at Large Volume 91.djvu/1276

 91 STAT. 1242

PUBLIC LAW 95-149—NOV. 1, 1977

Public Law 95-149 95th Congress Joint Resolution Nov. 1, 1977 [H.J. Res. 573]

General Thaddeusi Kosciuszko. Memorial plaque, presentation to Poland.

Commemorating General Thaddeus Kosciuszko by presenting a memorial plaque in his memory to the people of Poland on behalf of the American people.

Whereas October 17, 1977, marks the two-hundredth anniversary of the historic battle of Saratoga; Whereas General Thaddeus Kosciuszko served in the Continental Army from 1776 through 1783, and played a vital and significant role in the battle of Saratoga; Whereas the American people are indebted to Thaddeus Kosciuszko for his role in American independence; and Whereas the American Council of Polish Cultural Clubs has made the arrangements for the erection of a memorial plaque near the sarcophagus of Thaddeus Kosciuszko in the Wawel Cathedral in Krakow, Poland, commemorating his dedication to the principles of freedom, and has obtained the approval of the Governments of Poland and the United States and the appropriate Polish ecclesiastical authorities for the erection of the plaque bearing the words both in Polish and in English: "On the Bicentennial Anniversary of the victory at Saratoga October 17, 1777, grateful America remembers General T. Kosciuszko fighter for your freedom and ours": Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in an expression of esteem and gratitude by the American people, the plaque to be erected in the Wawel Cathedral in Krakow, Poland, on October 17, 1977, in the memory of General Thaddeus Kosciuszko, shall be presented by the Ambassador of the United States to Poland on behalf of the American people as a gift to the people of Poland. Approved November 1, 1977.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-491 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 30, considered and passed House. Oct. 17, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/1277

 PUBLIC LAW 95-150—NOV. 1, 1977

91 STAT. 1243

Public Law 95-150 95th Congress An Act To provide for the study of certain lands to determine their suitability for designation as wilderness in accordance with the Wilderness Act of 1964, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Montana Wilderness Study Act of 1977". SEC. 2. (a) In furtherance of the purposes of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132), the Secretary of Agriculture (hereinafter known as the "Secretary") shall, within five years after the date of enactment of this Act, review certain lands designated by this section, as to their suitability for preservation as wilderness, and report his findings to the President, as follows: (1) certain lands in the Beaverhead National Forest, Montana, which are generally depicted on a map entitled "West Pioneer Wilderness Study Area" and dated April 1976, comprising approximately one hundred and fifty-one thousand acres, which shall be known as the West Pioneer Wilderness Study Area; (2) certain lands in the Beaverhead and Gallatin National Forests, Montana, which are generally depicted on a map entitled "Taylor-Hilgard Wilderness Study Area" dated April 1976, comprising approximately two hundred and eighty-nine thousand acres, which shall be known as the Taylor-Hilgard Wilderness Study Area; (3) certain lands in the Bitterroot National Forest, Montana, which are generally depicted on a map entitled "Bluejoint Wilderness Study Area" and dated April 1976, comprising approximately sixty-one thousand acres, which shall be known as the Bluejoint Wilderness Study Area; (4) certain lands in the Bitterroot and Deerlodge National Forests, Montana, which are generally depicted on a map entitled "Sapphire Wilderness Study Area" and dated April 1976, comprising approximately ninety-four thousand acres, which shall be known as the Sapphire Wilderness Study Area; (5) certain lands in the Kootenai National Forest, Montana, which are generally depicted on a map entitled "Ten Lakes Wilderness Study Area" and dated April 1976, comprising approximately thirty-four thousand acres, which shall be known as the Ten Lakes Wilderness Study Area; (6) certain lands in the Jjcwis and Clark National Forest, Montana, which are generally depicted on a map entitled "Middle Fork Judith Wilderness Study Area" dated April 1976, comprising approximately eighty-one thousand acres, which shall be known as the Middle Fork Judith Wilderness Study Area; (7) certain lands in the Lewis and Clark National Forest, Montana, which are generally depicted on a map entitled "Big Snowies Wilderness Study Area" and dated April 1976, comprising approximately ninety-one thousand acres, which shall be known as the Big Snowies Wilderness Study Area;

Nov. 1. 1977 [S. 393]

Montana Wilderness Study Act of 1977. 16 USC 1132 note. Land 'nations. review. Report to President. 16 USC 1132 note.

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Page:United States Statutes at Large Volume 91.djvu/1278

 91 STAT. 1244

Recommendations, Presidential advisement to Congress. 16 USC 1132.

Hearings, public notice. Maps, availability. Administration. 16 USC 1132 note.

Appropriation authorization. 16 USC 1132 note.

PUBLIC LAW 95-150—NOV. 1, 1977 (8) certain lands in the Gallatin National Forest, Montana, which are generally depicted on a map entitled "Hyalite-Porcupine-Buffalo Horn Wilderness Study Area" and dated April 1976, comprising approximately one hundred and fifty-one thousand acres, which shall be known as the Hyalite-Porcupine-Buflfalo Horn Wilderness Study Area; and (9) certain lands in the Kootenai National Forest, Montana, which are generally depicted on a map entitled "Mount Henry Wilderness Study Area" and dated April 1976, comprising approximately twenty-one thousand acres, which shall be known as the Mount Henry Wilderness Study Area. (b) The Secretary shall conduct his review, and the President shall advise the United States Senate and House of Representatives of his recommendations, in accordance with the provisions of subsections 8(b) and 3(d) of the Wilderness Act, except that any reference in such subsections to areas in the national forests classified as "primitive" shall be deemed to be a reference to the wilderness study areas designated by this Act and except that the President shall advise the Congress if his recommendations with respect to such areas within seven years after the date of enactment of this Act: Provided, however, That the Secretary shall give at least sixty days' advance public notice of any hearing or other public meeting concerning such areas. (c) The maps referred to in this section shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. SEC. 3. (a) Except as otherwise provided by this section, and subject to existing private rights, the wilderness study areas designated by this Act shall, until Congress determines otherwise, be administered by the Secretary of Agriculture so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System. (b) Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests. (c) Nothing herein contained shall (1) limit the President in proposing, as part of his recommendation to Congress, the alteration of existing boundaries of any wilderness study area or recommending the addition to any such area of any contiguous area predominantly of wilderness value, or (2) limit the authority of the Secretary of Agriculture to establish, protect, study, or make recommendations to the President and Congress with respect to additional wilderness study areas within national forests in the State of Montana. SEC. 4. There are hereby authorized to be appropriated after October 1, 1977, such sums as may be necessary to carry out the provisions of this Act. Approved November 1, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-620 (Gomm. on Interior and Insular Affairs). SENATE REPORT No. 95-163 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): May 18, considered and passed Senate. Oct. 18, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/1279

 PUBLIC LAW 95-151—NOV. 1, 1977

91 STAT. 1245

Public Law 95-151 95th Congress An Act To amend the Fair Labor Standards Act of 1938 to increase the minimum wage rate under that Act, and for other purposes.

Nov. 1, 1977 [H.R. 3744]

Be it enacted by the Senate and House of Representatives of the Fair Labor United States of America in Congress assembled, SHORT TITLE: R E F E R E N C E TO ACT

Standards Amendments of 1977.

1. (a) This Act may be cited as the "Fair Labor Standards 29 USC 201 note. Amendments of 1977". (b) Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201-219). SECTION

INCREASE IN MINIMUM WAGE

SEC. 2. (a) Section 6(a)(1) (29 U.S.C. 206(a)(1)) is amended to read as follows: "(1) not less than $2.65 an hour during the year beginning January 1, 1978, not less than $2.90 an hour during the year beginning January 1, 1979, not less than $3.10 an hour during the year beginning January 1, 1980, and not less than $3.35 an hour after December 31, 1980, except as otherwise provided in this section;". (b) Section 6(a)(5) (29 U.S.C. 206(a)(5)) is amended to read as follows: "(5) if such employee is employed in agriculture, not less than the minimum wage rate in effect under paragraph (1) after December 31, 1977.". (c) Section 6(b) (29 U.S.C. 206(b)) is amended by striking out "wages at the following rates:" and paragraphs (1) through (4) and inserting in lieu thereof the following: "wages at the following rate: Effective after December 31, 1977, not less than the minimum wage rate in effect under subsection (a)(1).". (d)(1) Section 6(c) (29 U.S.C. 206(c)) is amended by striking out paragraphs (2) through (4) and inserting in lieu thereof the following: "(2)(A) Each wage order rate under a wage order described in paragraph (1) which on December 31, 1977, is at least $2 an hour shall, except as provided in paragraph (3), be increased— "(i) effective January 1, 1978, by $0.25 an hour or by such greater amount as may be recommended by a special industry committee under section 8, and "(ii) effective January 1, 1979, and January 1 of each succeeding year, by $0.30 an hour or by such greater amount as may be so recommended by such a special industry committee.

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Page:United States Statutes at Large Volume 91.djvu/1280

 91 STAT. 1246 Effective dates.

Ante, p. 1245.

Puerto Rico and the Virgin Islands. Industry committees, convention. 29 USC 208. Supra. Ante, p. 1245.

Minimum Wage Study Commission. Establishment. Study. 29 USC 204 note. 29 USC 201.

PUBLIC LAW 95-151—NOV. 1, 1977 "(B) Each wage order rate under a wage order described in paragraph (1) which on December 31, 1977, is less than $2 an hour shall, except as provided in paragraph (3), be increased— "(i) effective January 1, 1978, by $0.20 an hour or by such greater amount as may be recommended by a special industry committee under section 8, and "(ii) effective January 1, 1979, and January 1 of each succeeding year— " (I) until such wage order rate is not less than $2.30 an hour, by $0.25 an hour or by such greater amount as may be so recommended by a special industry committee, and " (II) if such wage order rate is not less than $2.30 an hour, by $0.30 an hour or by such greater amount as may be so recommended by a special industry committee. "(C) In the case of any employee in agriculture who is covered by a wage order issued by the Secretary pursuant to the recommendations of a special industry committee appointed pursuant to section 5, to whom the rate or rates prescribed by subsection (a)(5) of this section would otherwise apply, and whose hourly wage is increased above the wage rate prescribed by such wage order by a subsidy (or income supplement) paid, in whole or in part, by the government of Puerto Rico, the applicable increases prescribed by subparagraph (A) or (B) shall be applied to the sum of the wage rate in effect under such wage order and the amount by which the employee's hourly wage is increased by the subsidy (or income supplement) above the wage rate in effect under such wage order.". (2)(A) Section 6(c)(1) is amended (i) by striking out "subsections (a) and (b)" and inserting in lieu thereof "subsection (a)(1)", (ii) by inserting " (A) " before "heretofore", and (iii) by inserting before the period the following: ", and (B) which prescribes a wage order rate which is less than the wage rate in effect under subsection (a)(1)". (B) Paragraphs (5) and (6) of section 6(c) are redesignated as paragraphs (3) and (4),respectively. (C) Paragraph (3) of such section (as so redesignated) is amended (i) by striking out "subsection (a) or (b)" and inserting in lieu thereof "subsection (a)(1)", and (ii) by striking out "such subsection" and inserting in lieu thereof "subsection (a)(1)". (D) Paragraph (4) of such section (as so redesignated) is amended by striking out "or (3)". (3) Section 8(a) is amended by inserting after the first sentence the following new sentence: "The Secretary shall, from time to time, convene an industry committee or committees, appointed pursuant to section 6, and any such industry committee— "(1) shall, from time to time, recommend the minimum wage rates to be paid by employers who are in Puerto Rico, in the Virgin Islands, or in both places and who but for section 6(c) would be subject to the minimum wage requirements of section 6(a)(1), and "(2) may, from time to time, recommend increases in the incremental increases authorized by section 6(c)(2).". (e)(1) There is established the Minimum Wage Study Commission (hereinafter in this subsection referred to as the "Commission") which shall conduct a study of the Fair Labor Standards Act of 1938 and the social, political, and economic ramifications of the minimum wage, overtime, and other requirements of that Act. Such study shall include but not be limited to—

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Page:United States Statutes at Large Volume 91.djvu/1281

 PUBLIC LAW 95-151—NOV. 1, 1977 (A) the beneficial effects of the minimum wage, including its effect in ameliorating poverty among working citizens; (B) the inflationary impact (if any) of increases in the minimum wage prescribed by that Act; (C) the effect (if any) such increases have on wages paid employees at a rate in excess of the rate prescribed by that Act; (D) the economic consequence (if any) of authorizing an automatic increase in the rate prescribed in that Act on the basis of an increase in a wage, price, or other index; (E) the employment and unemployment effects (if any) of providing a different minimum wage rate for youth, and the employment and unemployment effects (if any) on handicapped and aged individuals of an increase in such rate and of providing a different minimum wage rate for such individuals; (F) the effect (if any) of the full-time student certification program on employment and unemployment; (G) the employment and unemployment effects (if any) of the minimum wage; (H) the exemptions from the minimum wage and overtime requirements of that Act; (I) the relationship (if any) between the Federal minimum wage rates and public assistance programs, including the extent to which employees at such rates are also eligible to receive food stamps and other public assistance; (J) the overall level of noncompliance with that Act; and (K) the demographic profile of minimum wage workers. (2) The Commission shall conduct a study concerning the extent to which the exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act of 1938 may apply to employees of conglomerates, and shall make a report, within one year after the date of the appointment of the members of the Commission, of the results of such study. For the purposes of this paragraph a "conglomerate" means an establishment (A) which controls, is controlled by, or is under common control with, another establishment the activities of which are not related for a common business purpose to the activities of the establishment employing such employees and (B) whose annual gross volume of sales made or business done, when combined with the annual gross volume of sales made or business done by each establishment which controls, is controlled by, or is under common control with, the establishment employing such employee, exceeds $100,000,000 (exclusive of excise taxes at the retail level which are separately stated). The report shall include an analysis of the effects of eliminating the exemptions from the minimum wage and overtime requirements of such Act that may currently apply to the employees of such conglomerates. (3) The Commission shall make a report of the results of the study conducted pursuant to paragraph (1) thirty-six months after the date of the appointment of the members of the Commission. The report shall include such recommendations for legislation as the Commission determines are appropriate. The Commission may make interim or additional reports which it determines are appropriate. Each report shall be made to the President and to the Congress. The Commission shall cease to exist thirty days after the submission of the report required by this paragraph. (4)(A) The Commission shall consist of eight members as follows: (i) Two members appointed by the Secretary of Labor.

29-194 0

91 STAT. 1247

Study and report. 29 USC 201.

"Conglomerate."

Report to President and Congress. Legislative recommendations. Interim reportsi. Termination. Membership.

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Page:United States Statutes at Large Volume 91.djvu/1282

 91 STAT. 1248

Chairperson. Vacancies.

Compensation.

5 USC 5332 note. Travel expenses.

Rules. Hearings.

Support services.

Executive director, appointment.

5 USC 5101 et seq., 5331 et seq. 5 USC 5332 note.

PUBLIC LAW 95-151—NOV. 1, 1977 (ii) Two members appointed by the Secretary of Commerce. (iii) Two members appointed by the Secretary of Agriculture. (iv) Two members appointed by the Secretary of Health, Education, and Welfare. The appointments authorized under this paragraph shall be made within 180 days after the date of enactment of this subsection. (B) The Chairperson shall be selected by the members of the Commission. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. (C)(i) Except as provided in clause (ii), members of the Commission who are officers or employees of the Federal Government shall serve without compensation. Other members, while engaged in the activities of the Commission, shall be paid at a rate equal to the per diem equivalent of the annual rate payable for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code. (ii) While away from their homes or regular places of business in llie performance of services for the Commission, members of the Coramission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5 of the United States Code. (5)(A) The Commission may prescribe such rules as may be necessary to carry out its duties under this subsection. (B) The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as it deems advisable. (C) Upon request of the Commission, the head of any Federal department or agency is authorized to detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this subsection. (D) The Department of Labor shall furnish such professional, technical, and research assistance as required by the Commission. (E) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request to carry out its duties under this subsection. (F) The Commission may secure directly from any department or agency of the United States such information as the Commission may lequire to carry out its duties under this subsection. Upon request of the Commission, the head of any such department or agency shall furnish such information to the Commission. (G) The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. (6)(A) The Chairperson may appoint an executive director of the Commission who shall perform such duties as the Chairperson may prescribe. (B) With approval of the Chairperson, the executive director may appoint and fix the pay of such clerical personnel as are necessary for the Commission to carry out its duties. (C) The executive director and staff shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates but at rates not in excess of the annual rate payable for grade GS-18 of the General Schedule under section 5332 of such title.

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Page:United States Statutes at Large Volume 91.djvu/1283

 PUBLIC LAW 95-151—NOV. 1, 1977

91 STAT. 1249

(D) The executive director, with the concurrence of the Chairperson, Experts and may obtain temporary and intermittent services of experts and conr consultants, sultants in accordance vsrith the provisions of section 3109 of title 5, United States Code. T I P CREDIT

SEC. 3. (a) Effective January 1, 1978, section 3(t) (29 U.S.C. 203 (t)) Effective dat is amended by striking out "$20" and inserting in lieu thereof "$30". (b)(1) Effective January 1, 1979, section 3(m) (29 U.S.C. 203(m)) is amended by striking out "50 per centum" and inserting in lieu thereof "45 per centum". (2) Effective January 1, 1980, such section is amended by striking out "45 per centum" and inserting in lieu thereof "40 per centum". EMPLOYEES OF CONCESSIONERS I N NATIONAL PARKS AND FORESTS AND I N THE NATIONAL WILDLIFE REFUGE SYSTEM

SEC. 4. (a) Section 13(a)(3) (29 U.S.C. 213(a)(3)) is amended Exemptions, by inserting before the semicolon the following: ", except that the exemption from sections 6 and 7 provided by this paragraph does not 29 USC 206, apply with respect to any employee of a private entity engaged in 207. providing services or facilities (other than, in the case of the exemption from section 6, a private entity engaged in providing services and facilities directly related to skiing) in a national park or a national forest, or on land in the National Wildlife Refuge System, under a contract with the Secretary of the Interior or the Secretary of Agriculture". (b) Section 13(b) (29 U.S.C. 213(b)) is amended (A) by striking out the period at the end of paragraph (28) and inserting in lieu thereof "; or", and (B) by adding after such paragraph the following new paragraph: "(29) any employee of an amusement or recreational establishment located in a national park or national forest or on land in the National Wildlife Refuge System if such employee (A) is an employee of a private entity engaged in providing services or facilities in a national park or national forest, or on land in the National Wildlife Refuge System, under a contract with the Secretary of the Interior or the Secretary of Agriculture, and (B) receives compensation for employment in excess of fifty-six hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed.". SHADE-GROWN TOBACCO EMPLOYEES

SEC. 5. Section 13(b) (22) (29 U.S.C. 213(b) (22)) is repealed.

Repeal.

COTTON G I N N I N G EMPLOYEES

SEC. 6. (a) Section 13(b) (25) (29 U.S.C. 213(^b) (25)) is repealed, (b) Section 13 is amended by adding after subsection (h) the following new subsection: "(i) The provisions of section 7 shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any period of fifty-two consecutive weeks to any employee who— "(1) is engaged in the ginning of cotton for market in any place of employment located in a county where cotton is grown in commercial quantities; and

Repeal. Exemptions.

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Page:United States Statutes at Large Volume 91.djvu/1284

 91 STAT. 1250

•• • '

PUBLIC LAW 95-151—NOV. 1, 1977 «

"(2) receives for any such employment during such workweeks— "(A) in excess of ten hours in any workday, and "(B) in excess of forty-eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period.".

Repeal. Exemptions. 29 USC 207.

•• "'

SUGAR EMPLOYEES

SEC. 7. (a) Section 13(b) (26) (29 U.S.C. 213(b) (26)) is repealed. (b) Section 13 is amended by inserting after the subsection added by section 6 the following new subsection: "(j) The provisions of section 7 shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any period of fifty-two consecutive weeks to any employee who— "(1) is engaged in the processing of sugar beets, sugar beet molasses, or sugar cane into sugar (other than refined sugar) or syrup; and "(2) receives for any such employment during such workweeks— "(A) in excess of ten hours in any workday, and "(B) in excess of forty-eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. No week included in any fifty-two week period for purposes of the preceding sentence may be included for such purposes in any other fifty-two week period.". AGRICULTURAL

Exemptions.

HAND HARVEST LABORERS

SEC. 8. Section 13(c) (29 U.S.C. 213 (c)) is amended— (1) in paragraph (1) by inserting after "paragraph (2) " the following: "or (4)", and Waiver, (2) by adding after paragraph (3) the following new application. paragraph: "(4)(A) An employer or group of employers may apply to the 29 USC 212. Secretary for a waiver of the application of section 12 to the employment for not more than eight weeks in any calendar year of individuals who are less than twelve years of age, but not less than ten years of age, as hand harvest laborers in an agricultural operation which has been, and is customarily and generally recognized as being, paid on a piece rate basis in the region in which such individuals would be employed. The Secretary may not grant such a waiver unless he finds, based on objective data submitted by the applicant, that— "(i) the crop to be harvested is one with a particularly short ^J harvesting season and the application of section 12 would cause ,, severe economic disruption in the industry of the employer or group of employers applying for the waiver; "(ii) the employment of the individuals to whom the waiver would apply would not be deleterious to their health or wellbeing; "(iii) the level and type of pesticides and other chemicals used would not have an adverse effect on the health or well-being of the individuals to whom the waiver would apply; "(iv) individuals age twelve and above are not available for such employment; and

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Page:United States Statutes at Large Volume 91.djvu/1285

 PUBLIC LAW 95-151—NOV. 1, 1977

91 STAT. 1251

"(v) the industry of such employer or group of employers has traditionally and substantially employed individuals under twelve years of age without displacing substantial job opportunities for individuals over sixteen years of age. "(B) Any waiver granted by the Secretary under subparagraph (A) shall require that— "(i) the individuals employed under such waiver be employed outside of school hours for the school district where they are living while so employed; "(ii) such individuals while so employed commute daily from their permanent residence to the farm on which they are so employed; and "(iii) such individuals be employed under such waiver (I) for not more than eight weeks between June 1 and October 15 of any calendar year, and (II) in accordance with such other terms and conditions as the Secretary shall prescribe for such individuals' protection.". RETAIL AND SERVICE ESTABLISHMENT COVERAGE

SEC. 9. (a) Section 3(s) (29 U.S.C. 203(s)) is amended by renum- "Enterprise bering paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively, and inserting after paragraph (1) the following: commerce or in "(2) is an enterprise which is comprised exclusively of one or the production of more retail or service establishments, as defined in section goods for commerce." 13(a)(2), and whose annual gross volume of sales made or busi- Infra. ness done is not less than $250,000 (exclusive of excise taxes at the retail level which are separately stated), beginning July 1, 1978, whose annual gross volume of sales made or business done is not less than $275,000 (exclusive of excise taxes at the retail level which are separately stated), beginning July 1, 1980, whose annual gross volume of sales made or business done is not less than $325,000 (exclusive of excise taxes at the retail level which are separately stated), and after December 31, 1981, whose annual gross volume of sales made or business done is not less than $362,500 (exclusive of excise taxes at the retail level which are separately stated);". (b) Paragraph (1) of section 3(s) is amended by adding after "and beginning February 1, 1969, is an enterprise" the following: ", other than an enterprise which is comprised exclusively of retail or service establishments and which is described in paragraph (2),". (c) Section 3(s) is amended by adding at the end the following: "Notwithstanding paragraph (2), an enterprise which is comprised of Supra. one or more retail or service establishments, which on June 30, 1978, ^as subject to section 6(a)(1), and which because of a change in the Ante, p. 1245, dollar volume standard in such paragraph prescribed by the Fair Labor Standards Amendments of 1977 is not subject to such section, shall, if its annual gross volume of sales made or business done is not less than $250,000 (exclusive of excise taxes at the retail level which are separately stated), pay its employees not less than the minimum wage in effect under such section on the day before such change takes effect and shall pay its employees in accordance with section 7. A viola- 29 USC 207. tion of the preceding sentence shall be considered a violation of section Violation. 6 or 7, as the case may be.". (d) Section 13(a)(2) is amended by striking out "section 3(s)(4)" 29 USC 213. and inserting in lieu thereof "section 3'(s)(5)".

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Page:United States Statutes at Large Volume 91.djvu/1286

 91 STAT. 1252

PUBLIC LAW 95-151—NOV. 1, 1977 /n

Violations. 29 USC 215.

REMEDIES

SEC. 10. (a) Section 16(b) (29 U.S.C. 216 (b)) is amended by adding immediately after the first sentence the following new sentence: "Any employer who violates the provisions of section 15(a)(3) of this Act shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 15(a)(3), including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.". (b) Section 16(b) is further amended by— (1) by striking out "Action to recover such liability" and inserting in lieu thereof "An action to recover the liability prescribed in either of the preceding sentences", (2) inserting " (1)" after "section 17 in which", and (3) striking the period at the end of the last sentence and substituting the following: "or (2) legal or equitable relief is sought as a result of alleged violations of section 15(a)(3).". (c) The third sentence of section 16(c) is amended by inserting after "an action by or on behalf of any employee" the following: "to recover the liability specified in the first sentence of such subsection". RELIGIOUS OR NON-PROFIT EDUCATIONAL CONFERENCE CENTERS

SEC. 11. Section 13(a)(3) (29 U.S.C. 213(a)(3)) is amended by inserting after "recreational establishment," the following: "organized camp, or religious or non-profit educational conference center,". STUDENTS

SEC. 12. (a) Section 14(b)(4)(B) (29 U.S.C. 214(b)(4)(B)) is amended by striking "four" each time it appears and substituting "six". REDUCTION OF PAPERWORK FOR EMPLOYMENT OF STUDENTS BY SMALL BUSINESSES

Simplified SEC. 13. Section 14(b)(4) (29 U.S.C. 214(b)(4)) is amended by application form, adding at the end the following new subparagraph: "(D) To minimize paperwork for, and to encourage, small businesses to employ students under special certificates issued under paragraphs (1) and (2), the Secretary shall, by regulation or order, prescribe a simplified application form to be used by employers in applying for such a certificate for the employment of not more than Requirements. six full-time students. Such an application shall require only— "(i) a listing of the name, address, and business of the applicant employer, "(ii) a listing of the date the applicant began business, and "(iii) the certification that the employment of such full-time '' students will not reduce the full-time employment opportunities of persons other than persons employed under special certificates.". HOTEL, MOTEL, AND RESTAURANT EMPLOYEES

Effective date. Repeal; effective date.

SEC. 14. (a) Effective January 1, 1978, section 13(b)(8) (29 U.S.C. 213(b)(8)) is amended by striking out "forty-six hours" and inserting in lieu thereof "forty-four hours". (b) Effective January 1, 1979, such section is repealed.

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Page:United States Statutes at Large Volume 91.djvu/1287

 PUBLIC LAW 95-151—NOV. 1, 1977

91 STAT. 1253

EFFECTIVE DATE

SEC. 15. (a) Except as provided in sections 3,14, and subsection (b) of this section, the amendments made by this Act shall take ett'ect January 1, 1978. (b) The amendments made by sections 8, 9,11,12, and 13 shall take effect on the date of the enactment of this Act. (c) On and after the date of the enactment of this Act, the Secretary of Labor shall take such administrative action as may be necessary for the implementation of the amendments made by this Act, Approved November 1, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-521 (Coram, on Education and Labor) and No. 95-711 (Coram, of Conference). SENATE REPORTS: No. 95-440 accompanying S. 1871 and No. 95-446 (both from Coram, on Human Resources) and No. 95-497 (Coram, of ConferCONGRESSIONAL RECORD, VoL 123 (1977): Sept. 14, 15, considered and passed House. Oct. 7, considered and passed Senate, amended, in lieu of S. 1871. Oct. 19, Senate agreed to conference report. Oct. 20, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 45: Nov. 1, Presidential statement.

29 USC 203 note,

Implementation, administrative action.

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Page:United States Statutes at Large Volume 91.djvu/1288

 91 STAT. 1254

PUBLIC LAW 95-152—NOV. 4, 1977

Public Law 95-152 95th Congress

-

^

An Act Nov. 4, 1977 [H.R. 2817] Tinicum National Environmental Center, Pa. Additions.

Appropriation authorization.

To provide for certain additions to the Tinicum National Environmental Center. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 30, 1972, entitled "An Act to provide for the establishment of the Tinicum National P^nvironmental Center in the Commonwealth of Pennsylvania, and for other purposes" (16 U.S.C. 668dd, note) is amended— (1) by striking out "Wanamaker Avenue" in the last sentence of section 2 and inserting in lieu thereof "Darby Creek"; and (2) by amending section 7(b) to read as follows: "(b) Beginning with fiscal year 1978, there are authorized to be appropriated, in addition to the appropriations authorized under subsection (a), $8,850,000 to carry out the purposes of this Act.". Approved November 4, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-253 (Coram, on Merchant Marine and Fisheries). SENATE REPORT No. 95-185 accompanying S. 1237 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, VoL 123 (1977): , May 10, considered and passed House. Oct. 19, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 45: Nov. 4, Presidential statement.

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Page:Hockey, Canada's Royal Winter Game.djvu/54

 Alcoholic drinks, with the possible exception of an occasional glass of porter, should be strictly eschewed.

Warm baths taken too often, or indulged in for too long a time, have a strong tendency to render a man weak and slow, and even a dip every morning in cold water is injurious to a man in training.

It is said that more graves are dug with the teeth than with the spade. If this be true, a hockey player should be careful to eat only digestible foods, and in a manner that will not injure his digestion.

A hockey player who wishes to put himself into the pink of condition, should, difficult as it may be, avoid eating pies and pastry of any description. All trainers advise against the use of these.

Practice makes perfect.

The rule that is applied to other things, stands good in hockey.

It is wrong to imagine that a great deal of practice will make a perfect player out of any man, but careful, assiduous work will enable a person to approach the degree of perfection to which his powers, as a physical and a thinking athlete, will allow him to attain and will make perfect that man who has the qualities necessary to a perfect athlete. Besides strengthening his muscles, increasing his wind, helping


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Page:United States Statutes at Large Volume 91.djvu/1289

 PUBLIC LAW 95-153—NOV. 4, 1977

91 STAT. 1255

Public Law 95-153 95th Congress An Act To amend the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations to carry out the provisions of such Act for fiscal year 1978.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 111 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1420) is amended— (1) by striking out " and " immediately after "September 30, 1976),"; and (2) by adding immediately after "fiscal year 1977," the following: "and not to exceed $4,800,000 for fiscal year 1978,". SEC. 2. Section 204 of such Act (33 U.S.C. 1444) is amended— (1) by striking out " and " immediately after "September 30, 1976),"; and (2) by adding immediately after "fiscal year 1977" the following: ", and not to exceed $6,500,000 for fiscal year 1978". SEC. 3. Section 304 of such Act (16 U.S.C. 1434) is amended— (1) by striking out " and " immediately after "September 30, 1976),"; (2) by adding immediately after "fiscal year 1977" the following: ", and not to exceed $500,000 for fiscal year 1978". SEC. 4. (a) The Administrator of the Environmental Protection Agency (hereinafter referred to in this section as the "iVdininistrator") shall end the d u m p i n g of sewage sludge into ocean waters, or into waters described in section 101(b) of Public Law 92-532, as soon as possible after the date of enactment of this section, but in no case may the Administrator issue any permit, or any renewal thereof (under title I of the Marine Protection, Research, and Sanctuaries Act of 1972) which authorizes any such dumping after December 31, 1981. (b) For purposes of this section, the term "sewage sludge" means any solid, semisolid, or liquid waste generated by a municipal wastewater treatment plant the ocean d u m p i n g of which may unreasonably degrade or endanger human health, welfare, amenities, or the marine environment, ecological systems, or economic potentialities. Approved November 4, 1977. LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-325. pt. 1 (Comm. on Merchant Marine and Fisheries) and No. 95-325, pt. 2 (Comm. on Science and Technology). SENATE REPORTS No. 95-216 accompanying S. 1425 (Comm. on Commerce, Science, and Transportation) and No. 95-189 accompanying S. 1527 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 6, 11, 14, considered and passed House. Oct. 20, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 45: Nov. 4, Presidential statement.

Nov. 4, 1977 [H.R. 4297]

Marine Protection, Research, and Sanctuaries Act of 1972, amendment. Appropriation authorization.

Sewage sludge, ocean dumping, cessation. 33 USC 1412a. 33 USC 1411.

"Sewage sludge

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Page:United States Statutes at Large Volume 91.djvu/1290

 91 STAT. 1256

PUBLIC LAW 95-154—NOV. 7, 1977

Public Law 95-154 95th Congress Joint Resolution "^' ' ' ^^'' [H.J. Res. 611]

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

Federal Reserve Act, amendment. Ante, p. 49. 12 USC 355.

Resolved by the Semite and House of Representatives of the United States of America in Congress assembled, That section 14(b) of the Federal Reserve Act is amended by striking out "October 1, 1977"' and inserting in lieu thereof ''May 1, 1978," and by striking out "September 30, 1977" and inserting in lieu thereof " April 30, 1978". Approved November 7, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 31, considered and passed House. Nov. 3, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/1291

 PUBLIC LAW 95-155—NOV. 8, 1977

91 STAT. 1257

Public Law 95-155 95th Congress An Act To authorize appropriations for activities of the Environmental Protection Agency, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Environmental Research, Development, and Demonstration Authorization Act of 1978". SEC. 2. (a) There are authorized to be appropriated to the Environmental Protection Agency for environmental research, development, and demonstration activities for fiscal year 1978— (1) $92,500,000 for water quality activities authorized under the Federal Water Pollution Control Act of which— (A) $25,200,000 is for the Pleahh and Ecological Effects program; (B) $9,300,000 is for the Industrial Processes program; (C) $6,069,000 is for the Monitoring and Technical Support program; (D) $22,300,000 is for the Public Sector Activities program; and (E) $29,631,000 is for the Energy program. (2) $10,800,000 for activities authorized under the Federal Insecticide, Fungicide, and Rodenticide Act, in the Health and Ecological Effects program. (3) $16,000,000 for water supply activities authorized under the Safe Drinking Water Act, in the Public Sector prograui. (4) $8,200,000 for toxic substance control activities authorized under the Toxic Substances Control Act, in the Health and Ecological Effects program. (5) $830,000 for radiation activities authorized under the Public Health Act, in the Health and Ecological Effects prograui. (6) $35,000,000 for air quality activities authorized under the Clean Air Act, which shall be in addition to funds previously authorized in the Clean Air Act Amendments of 1977 (Public Law 95-95), so that the total amount authorized for such activities in fiscal year 1978 is $155,000,000, of which— (A) $36,000,000 is for the Health and Ecological Effects program; (B) $11,000,000 is for the Monitoring and Technical Support program; (C) $7,000,000 is for the Industrial Processes program; and (D) $101,000,000 is for the Energy program. (7) $31,273,000 for interdisciplinary activities, of which— (A) $9,230,000 is for the Health and Ecological Effects program; (B) $6,066,000 is for the Industrial Processes program; (C) $1,599,000 is for the Public Sector Activities program; and (D) $14,378,000 is for the Monitoring and Technical Support program.

Nov. 8, 1977 [H.R. 5101] Environmental Research, Development, and Demonstration Authorization Act of 1978. 33 USC 1251 note.

7 USC 136 note.

42 USC 300f note. 15 USC 2601 note. 42 USC 201 note. 42 USC 1857 note. Ante, p. 685.

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Page:United States Statutes at Large Volume 91.djvu/1292

 91 STAT. 1258

PUBLIC LAW 95-155—NOV. 8, 1977

(b) I n addition to any other sums anthorizod by this section or by other provisions of law— (1) there are authorized to be appropriated to the Administrator of the Environmental Protection Ajjency for fiscal year 1978, $10,000,000 for long-term research and development in accordance with section 6 of this Act; (2) there are authorized to be appropriated to the Aduiinistrator, for fiscal year 1978, $2,000,000 for ti-aining of health scientists needed for environmental I'esearch and developuient in fields where there are national shortages of trained personnel; and (3) there are authorized to be appropriated to the Administrator, for fiscal year 1978, $3,000,000 to implement the study authorized in section 103(d) of the Clean Air Act Amendments of 1977 (Public Law 95-95). Ante, p. 687. Appropriation (c) There is authorized to be appropriated to the Administrator authorization. $19,000,000 for fiscal year 1978 for program numagement and support related to environmental research and development. Transfer of funds, (d) Xo funds may be transferred from any particular- category restriction. listed in subsection (a) or (b) to any other category or categories listed in either such subsection if the total of the funds so transferred from that particular category would exceed 10 per centum thereof, and no funds may be transfered to any particular category listed in subsection (a) or (b) frojn any other category or categories listed in either such subsection if the total of the funds so transferred to that particular category would ftjcceed 10 per centum thereof, unless— (1) a period of thirty legislative days has passed after the Administrator of the Environmental Protection Agency or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate a written report containing a full and complete statement concerning the nature of the transfer and the reason therefor, or (2) each committee of the House of Representatives and the Senate having jurisdiction over the subject nuitter involved, before the expiration of such period, lias tiansmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. SKC. 3. Appropriations jnade pursuant to the authority provided in section 2 of this Act shall remain available for obligation for expenditure, or for obligation and expenditure, for such period or periods as may be specified in the Acts making such appropriations. Budget SEC. 4, The Administrator of the Envjronmoital Protection Agency, projections. in each annual revision of the five-year plan transmitted to the Con42 USC 4361a. gress under section 5 of Public Law 94-475, shall include budget pro42 USC 4361. jections for a "no-growth" budget, for a "moderate-growth" budget, and for a "high-growth" budget. In addition, each such annual revision shall include a detailed explanation of the relationship of each budget projection to the existing laws which authorize the Administration's environmental research, development, and demonstration programs. Public sector SEC. 5. (a) The Administrator of the Environmental Protection agencies, grants. Agency shall offer grants to public sector agencies for the purposes 42 USC 300j-3a. of— (1) assisting in the development and demonstration (including construction) of any project which will demonstrate a new or impix)ved method, approach, or technology for providing a dependably safe supply of drinking water to the public; and

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Page:United States Statutes at Large Volume 91.djvu/1293

 PUBLIC LAW 95-155—NOV. 8, 1977 (2) assisting in the development and demonstration (including construction) of any project which will investigate and demonstrate health and conservation implications involved in the reclamation, recycling, and reuse of wastewaters for drinking and the processes and methods for the preparation of safe and acceptable drinking water. (b) Grants made by the Administrator under this section shall be subject to the following limitations: (1) Grants under this section shall not exceed 66% per centum of the total cost of construction of any facility and 75 per centum of any other costs, as determined by the Administrator. (2) Grants under this section shall not be made for any project involving the construction or modification of any facilities for any public water system in a State unless such project has been approved by the State agency charged with the responsibility for safety of drinking water (or if there is no such agency in a State, by the State health authority). (3) Grants under this section shall not be made for any project unless the Administrator determines, after consultation, that such project will serve a useful purpose relating to the development and demonstration of new or improved teclmiques. methods, or teclmologies for the provision of safe water to the public for drinking. (c) There are authorized to be appropriated for the purposes of this section $25,000,000 for fiscal year 1978. SEC. 6. (a) The Administrator of the Environmental Protection Agency shall establish a separately identified program to condiu't continuing and long-term environmental research and development. Unless otherwise specified by law, at least 15 per centum of any funds appropriated to the Administrator for environmental research and development under section 2(a) of this Act or under any other Act shall be allocated for long-term environmental research and development under this section. (b) The Administrator, after consultation with the Science Advisory Board, shall submit to the President and the Congress a report concerning the desirability and feasibility of establishing a national environmental laboratory, or a system of such laboratories, to assume or supplement the long-term environmental research functions created by subsection (a) of this section. Such report shall be submitted on or before ]\[arch 31, 1978, and shall include findings and recommendations concerning— (1) specific types of research to be carried out by such laboratory or laboratories; (2) the coordination and integration of research to be conducted by such laboratory or laboratories with research conducted by existing Federal or other research facilities; (3) methods for assuring continuing long-range funding for such laboratory or laboratories; and (4) other administrative or legislative actions necessary to facilitate the establishment of such laboratory or laboratories. SEC. 7. (a) The Administrator of the Enviromnental Pi-otecfion Agency shall assure that the expenditure of any funds appropriate(l pursuant to this Act or any other provision of law for enviromuen^i'l research and development related to regulatory program ac^^iv'^^ies shall be coordinated with and reflect the research needs and priorities

91 STAT. 1259

Grants, limitations.

Research and development program.

42 USC 4363.

Report to President and Congress.

Contents.

42 USC 4364k

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Page:United States Statutes at Large Volume 91.djvu/1294

 91 STAT. 1260

PUBLIC LAW 95-155—NOV. 8, 1977

of the program offices, as well as the overall research needs and priorities of the Agency, including those defined in the five-year research plan. Program offices. (b) For purposes of subsection (a), the appropriate program offices are— (1) the Office of A i r and Waste Management, for air quality activities; (2) the Office of W a t e r and Hazardous Materials, for water quality activities and water supply activities; (8) the Office of Pesticides, for environmental effects of pesticides; (4) the Office of Solid Waste, for solid waste activities; ^ 5) the Office of Toxic Substances, for toxic substance activities; (6) the Office of Kadiation Programs, for radiation activities; and (7) the Office of Noise Abatement and Control, for noise activities. Report to (c) The Administrator shall submit to the President and the ConPresident and gress a report concerning the most appropriate means of assuring, on Congress. a continumg basis, that the research efforts of the Agency reflect the needs and priorities of the regulatory program offices, while maintaining a high level of scientific quality. Such report shall be submitted on or before March 31, 1978. Science Advisory SEC. 8. (a) The Administrator of the Environmental Protection Board. Agency shall establish a Science Advisory Board which shall provide Establishment. such scientific advice as the Administrator requests. 42 USC 4365. (b) Such Board shall be composed of at least nine members, one of Membership. whom shall be designated Chairman, and shall meet at such times and places as may be designated by the Chairman of the Board in consultation with the Administrator. Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. (c) I n addition to providing scientific advice when requested by the Administrator under subsection (a), the Board shall review and comment on the Administration's five-year plan for environmental research, development, and demonstration provided for by section 5 42 USC 4361. of Public Law 94—475 and on each annual revision thereof. Such review and comment shall be transmitted to the Congress by the Administrator, together with his comments thereon, at the time of the transmission to the Congress of the annual revision involved. Report to (d) The Board shall conduct a review of and submit a report to the Administrator, Administrator, the President, and the Congress, not later than President, and October 1, 1978, concerning— Congress. (1) the health effects research authorized by this Act and other laws; (2) the procedures generally used in the conduct of such research; (.3) the internal and external reporting of the results of such research; (4) the review procedures for such research and results; (5) the procedures by which such results are used in internal and external recommendations on policy, regulations, and legislation; and (6) the findings and recommendations of the report to the House Committee on Science and Technology entitled "The

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Page:United States Statutes at Large Volume 91.djvu/1295

 PUBLIC LAW 95-155—NOV. 8, 1977 Environmental Protection Agency's Research Program with primary emphasis on the Community Health and Environmental Surveillance System ( C H E S S): A n Investigative Report". The review shall focus special attention on the procedural safeguards required to preserve the scientific integrity of such research and to insure reporting and use of the results of such research in subsequent reconunendations. The report shall include specific recommendations on the results of the review to ensure scientific integrity throughout the Agency's health effects research, review, reporting, and recommeudation process. (e)(1) The Aduiinistrator, at the time any proposed criteria document, standard, limitation, or regulation under the Clean Air Act, the Federal Water Pollution Control Act, the Resource, Conservation and Recovery Act of 1976, the Noise Control Act, the Toxic Substances Control Act, or the Safe Drinking "Water Act, or under any other authority of the Administrator, is provided to any other Federal agency for formal J-eview and comment, shall make available to the Board such proposed criteria document, standard, limitation, or regulation, together with relevant scientific and technical information in the possession of the P^nvironmental Protection Agency on which the proposed action is based. (2) The Board may make available to the Administrator, within the time specified by the Administrator, its advice and comments on the adequacy of the scientific and technical basis of the proposed criteria document, standard, limitation, or regulation, together with any pertinent information in the Board's possession. (f) I n preparing such advice and comments, the Board shall avail itself of the technical and scientific capabilities of any Federal agency, including the Environmental Protection Agency and any national environmental laboratories. (g) The Board is authorized to constitute such member committees and investigative panels as the Administrator and the Board find necessary to carry out this section. Eacli such member committee or investigative panel shall be chaired by a member of the Board. (h)(1) l^'pon the recommendation of the Board, the Administrator shall ai^point a secretary, and such other employees as deemed necessary to exercise and fulfill the Board's powers and responsibilities. The compensation of all employees appointed under this paragraph shall be fixed in accordance Mith chapter 51 and subchapter III of chapter 58 of title 5 of the United States Code. (2) Members of the Board may be compensated at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 53.32 of title 5 of the United States Code. (i) In carrying out the functions assigned by this section, the Board shall consult and coordinate its activities with the Scientific Advisory Panel established by Che Administrator pursuant to section 25(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. SEC. 9. (a) The Administrator of the Environmental Protection Agency, in consultation and cooperation with the heads of other Federal agencies, shall take such actions on a continuing basis as may be necessary or appropriate— (1) to identify environmental research, development, and demonstration activities, within and outside the Federal Govern-

91 STAT. 1261

42 USC 1857 note.

33 USC 1251 note.

42 USC 6901 note.

42 USC 4901 note.

15 USC 2601

note.

42 USC SOOf note.

Member committees and investigative panels. Secretary, appointment.

5 USC 5101, 5331.

5 USC 5332 note.

7 USC 136w. 42 USC 4366.

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Page:United States Statutes at Large Volume 91.djvu/1296

 91 STAT. 1262

Report. 42 USC 4361.

Report to President and Congress. Legislative recommendations. Presidential report to Congress. 42 USC 4361b.

Personnel positions, increase.

PUBLIC LAW 95-155—NOV. 8, 1977 mont, which niay need to bo more effectively coordinated in order to minimize unnecessary duplication of pro<^rams, projects, and research facilities; (2) to determine the steps which might be taken under existing law, by him and by the heads of such other agencies, to accomplish or promote such coordination, and to provide for or encourage the taking of such steps; and (3) to determine the additional legislative actions which would be needed to assure such coordination to the maximum extent possible. The Administrator shall include in each annual revision of the fiveyear plan provided for by section 5 of Public Law 94-475 a full and complete report (m the actions taken and determinations made during the preceding year under this subsection, and may submit interim reports on such actions and determinations at such other times as he dee'Ms appropriate. (b) The Administrator of the Environmental Protection Agency shall coordinate environmental research, development, and demonstration programs of such Agency with the heads of other Federal agencies in order to minimize unnecessary duplication of programs, projects, and research facilities. (c)(1) I n order to promote the coordination of environmental research and development activities, and to assure that the action taken and methods used (under subsection (a) and otherwise) to b i i n g about s'H'li coordination will be as effective as possible for that purpose, the Council on Environmental Quality in consultation with the Office of Science and Technology Policy shall prompt]y undertake and carry out a joint study of all aspects of the coordination of enviromnental research and development. The Chairman of the Council shall prepare a I'eport on the results of such study, together with such recommendations (including legislative recommeiulations) as he deems appropriate, and shall submit such report to the President and the (\)ngress not later than May 31, 1978. (2) Not later than September 80, 1978, the President shall report to the Congress on steps he has taken to implement the recommendations included in the report under paragraph (1), including any reconunendations he may have for legislation. SEC. 10. The Administrator of the P^nvironmental Protection Agency shall implement the recommendations of the report prepared for the House Committee on Science and Technology entitled "The Environmental Protection Agency Research Program with primary emphasis on the Community Health and P^nvironmental Surveillance System ( C H P J S S): An Investigative Report", unless for any specific recommendation he determines (1) that such recommendation has been implemented, (2) that implementation of such recommendation would not enhance the quality of the research, or (3) that implementation of such reconnnendation will require funding which is not available. Where such funding is not available, the Administrator shall request the required authorization or appropriation for such implementation. The Administrator shall report the status of such implementation in each annual revision of the five-year plan transmitted to the Congres-s under section 5 of Public Law 94-475. SEC. 11. The Administrator of the Environmental Protection Agency shall increase the number of personnel positions in the Health and Ecological Effects program to 862 positions for fiscal year 1978.

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Page:United States Statutes at Large Volume 91.djvu/1297

 PUBLIC LAW 95-155—NOV. 8, 1977

91 STAT. 1263

SEC. 12. (a) Each officer or employee of the Environmental Protec- Annual statement, Hling. tion Agency who— 42 USC 4367. (1) performs any function or duty under this Act; and (2) has any known financial interest in any person who applies for or receives grants, contracts, or other forms of financial assistance under this Act, shall, beginning on February 1, 1978, annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public. (b) The Administrator shall— (1) act within ninety days after the date of enactment of this Act— (A) to define the term "known financial interest" for purposes of subsection (a) of this section; and (B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, inchiding appropriate provision for the filing by such officers and employees of such statements and the review by the Administrator of such statements; and (2) report to the Congress on June 1 of each calendar j^ear with Report to respect to such disclosures and the actions taken in regard thereto Congress. during the preceding calendar year. (c) In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions of a nonpolicymaking nature within the Administration and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. (d) Any officer or employee who is subject to, and knowingly vio- Violation, lates, this section, shall be fined not more than $2,500 or imprisoned penalty. not more than one year, or both. SEC. 13. It is the national policy that to the maximum extent possible Paperwork the procedures utilized for implementation of this Act shall encourage minimization, encouragement. the drastic minimization of paperwork. Approved November 8, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-157 (Comm. on Science and Technology) and No. 95-722 (Comm. of Conference). SENATE REPORT No. 95-188 accompanying S. 1417 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 19, considered and passed House. May 27, considered and passed Senate, amended, in lieu of S. 1417. Oct. 20, Senate agreed to conference report. Oct. 25, House agreed to conference report.

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text:
Page:United States Statutes at Large Volume 91.djvu/1298

 91 STAT. 1264

PUBLIC LAW 95-156—NOV. 8, 1977

Public Law 95-156 95th Congress An Act Nov. 8. 1977 [H.R. 9090]

Wheat, feed grains, upland cotton, and rice. Disaster payment limitations, exemption. 7 USC 1307 note. 7 USC 1307. 7 USC 1441.

To exempt disaster payments made in connection with the 1977 crops of wheat, feed grains, upland cotton, and rice from the payment limitations contained in the Agricultural Act of 1970 and the Agricultural Act of 1949.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the term "payments" as used in section 101 of the Agricultural Act of 1970, as amended, and section 101(g) (13) of the Agricultural Act of 1949, as amended, shall not include any part of any payment which is determined by the Secretary of Agriculture to represent compensation for disaster loss with respect to the 1977 crops of wheat, feed grains, upland cotton, and rice. Approved November 8, 1977.

,

,

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-638, pt. 1 (Comm. on Agriculture) and 95-638, pt. 2 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 17, considered and passed House. Oct. 25, considered and passed Senate.

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text:
Page:United States Statutes at Large Volume 91.djvu/1299

 PUBLIC LAW 95-157—NOV. 8, 1977

91 STAT. 1265

Public Law 95-157 95th Congress An Act To create the District Court for the Xorthern Mariana Islands, implementing article IV of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political I'nion with the United States of America. Whereas section -iOl of the Covenant to Establish a Commonwealth of the Xorthern Mariana Islands in Political Union with the United States of America, approved by section 1 of the joint resolution of March 24, 1976 (Public Law 94^241; 90 Stat. 263), provides that the United States will establish a District Court for the Northern Mariana Islands: Xow, therefore. Be tt enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is hereby established for and within the Northern Mariana Islands a court of record to be known as the District Court for the Northern Mariana Islands. The Northern Mariana Islands shall constitute a part of the same judicial circuit of the United States as Guam. Terms of court shall be held on Saipan and at such other places and at such times as the court may desi<>:nate by rule or order. (b)(1) The President shall, by and with the advice and consent of the Senate, appoint a jud<>;e for the District Court for the Northern Mariana 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. The judge shall receive a salary payable by the United States which shall be at the rate prescribed for judges of the United States district courts. (2) The Chief Judge of the Ninth Judicial Circuit of the United States may assign justices of the High Court of the Trust Territory of the Pacific Islands or judges of courts of record of the Northern Mariana Islands who are licensed attorneys in good standing or a circuit or district judge of the ninth circuit, including a judge of the District Court of Guam who is appointed by the President, 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 in the District Court for the Northern Mariana Islands whenever such an assignment is necessary for the proper dispatch of the business of the court. Such judges shall have all the powers of a judge of the District Court for the Northern Mariana Islands, including the power to appoint any person to a statutory position, or to designate a depository of funds or a newspaper for publication of legal notices. (3) The President shall appoint, by and with the advice ajul consent of the Senate, a Ignited States attorney and United States marshal for the Northern Mariana Islands to whose offices the provisions of chapters 35 and 37 of title 28, respectively, United States Code, shall apply. (4) If the President appoints a judge for the District Court for the Northern Mariana Islands or a United States attorney or a United States marshal for the Northern Mariana Islands who at that time is serving in the same capacity in another district, the appointment shall, without prejudice to a subsequent appointment, be for the unexpired term of such judge or officer.

Nov. 8, 1977 [S. 2149] '

Northern Mariana Islands. District Court, establishment. 48 USC 1694.

District Court Judge, appointment and term. Salary.

Judges, temporary assignment.

United States attorney and marshal. 28 USC 541, 561.

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text:
Page:United States Statutes at Large Volume 91.djvu/1300

 91 STAT. 1266

PUBLIC LAW 95-157—NOV. 8, 1977

(c) The provisions of chaptors 43 and 49 of titio 28, United States 28 USC 631, Code, and the rules lioretofore or hereafter promulgated and made 751. effective by the Congress or the Supremc Court of the United States pursuant to titles 11, IH, 28, United States Code, shall apply to the District Court for the Xorthern Mariana Islands and appeals therefrom where appropriate, except as otherwise provided in articles IV and V of the covenant provided by the Act of March 24, 1976 (90 48 USC 481 note. Stat. 263). The terms "attorney for the jjovernment" and "United States attorney" as used in the Federal Rules of Criminal Procedure (rule 54(c)) shall, when applicable to cases arisinff under the laws 28 USC app. of the Xortherii ^fariaiui Islands, include the attorney freneral of the Xorthern Mariana Islands oi- any other pei\son or persons as may be authorized by the laws of the Xorthern Marianas to act therein. Jurisdiction. SEC. 2. (a) The District Court for the Xorthern Mariaiui Islands 48 USC 1694a. shall have the jurisdiction of a district court of the United States, u s e prec. title 1. except that in all causes arisiu<r undei- the Constitution, treaties, or laws of the United States, it shall have jurisdiction rej^ardless of the sum or \alue of the matter in controversy. (b) The district court shall have ori<rinal jurisdiction in all causes in the Xorthern Mariana Islands not described in subsection (a) jurisdiction over which is not vested by the Constitution oi* laws of the Xorthern Mariana Islands in a court or courts of the Xorthern Mariana Islands. In causes brou<rht in the district court solely on the basis of this subsection, the district court shall be considered a court of the Xorthern Mariana Islands for the purposes of determining the requirements of indictment by <i:rand jury or trial by jury. Appellate SKC. 8. The district court shall have such appellate jurisdiction as jurisdiction. the Constitution and laws of the Xorthern Mariana Islands))rovide. 48 USC 1694b. Appeals to the district court shall be heard and determined by an appellate division of the couil consisting of three judges, of whom two shall constitute a quorum. The judge appointed for the court by the President shall be the presiding judge of the appellate division and shall preside therein unless disqiialified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges assigned to the court from time to time pursuant to subsection 1(b) (2): Provided, horverer, That only one of them shall be a judge of a court of record of the Xorthern Mariana Islands. The concurrence of two judges shall be necessary to any decision by the district court on the merits of an appeal but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure. Relationship SEC. 4. (a) The relations between the courts established by the Conbetween district stitution or laws of the United States and the courts of the Xorthern and local courts. Mariana Islands with respect to appeals, certiorari, removal 48 USC 1694c. of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States and the courts of the several States in such matters and proceedings, except as otherwise provided in article IV of the covenant: Provided, That for the first fifteen years following the establishment of an appellate court of the Xorthern Mariana Islands the United States court of appeals for the judicial circuit which includes the Xorthern Mariana Islands shall have jurisdiction of appeals from all final decisions of the highest court of the Xorthern Mariana Islands from which a deci-

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text:
Page:United States Statutes at Large Volume 91.djvu/1301

 PUBLIC LAW 9 5 - 1 5 7 -. N O V. 8, 1977

91 STAT. 1267

sion could be had in all cases involving the Constitution, treaties, or laws of the United States, or any authority exercised thereunder, unless those cases are reviewable in the District Court for the Northern Mariana Islands pursuant to section 3 of this Act. (b) Those portions of title 28 of the United States Code which apply to (luam or the District Court of Guam shall be applicable to the Northern Mariana Islands or the District Court for the Northern Mariana Islands, respectively, except as otherwise provided in article IV of the covenant. The district court established by this Act shall be a district court as that term is used in section 3006A of title 18, United States Code. SP:G. 5. This Act shall come into force upon its approval or at the tiuie proclaimed by the President for the Constitution of the Northern Mariana Islands to become effective, whichever is the later date. SKC. 6. There is authorized to be appropriated such sums as may be nccessary to carry out the purposes of this Act.

USC prec. title 1.

Approved November 8, 1977.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-475 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 13, considered and passed Senate. Oct. 25, considered and passed House.

"'-^ Effective date.; 4« USC 1694d. Appropriation ^''risr*i^aL

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text:
Page:United States Statutes at Large Volume 91.djvu/1302

 91 STAT. 1268

PUBLIC LAW 95-158—NOV. 8, 1977

Public Law 95-158 95th Congress Joint Resolution Nov. 8, 1977 [H.J. Res. 621]

Alaska natural gas transportation system, Presidential decision. Congressional approval.

15 USC 719f note.

Approving the Presidential decision on an Alaslia natural gas transportation system, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the House of Representatives and Senate approve the Presidential decision on an Alaska natural gas transportation system submitted to the Congress on September 22, 1977, and find that any environmental impact statements prepared relative to such system and submitted with the President's decision are in compliance with the Natural Environmental Policy Act of 1969. Approved November 8, 1977.

42 USC 4321 note.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-739, pt. I (Coram, on Interior and Insular Affairs) and No. 95-739, pt. II (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-567 accompanying S.J. Res. 82 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Nov. 2, considered and passed House and Senate, in lieu of S.J. Res. 82. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 46: Nov. 8, Presidential statement.

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text:
Page:United States Statutes at Large Volume 91.djvu/1303

 PUBLIC LAW 95-159—NOV. 8, 1977

91 STAT. 1269

Public Law 95-159 95th Congress An Act To continue to suspend for a temporary period the import duty on certain liorses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of Amenca in Congress assembled., That (a) items 903.50 and 903.51 of the Appendix to the Tariff Sclicdules of the United States (19 U.S.C. 1202) are each amended by striking out " 6 / 3 0 / 7 6 " and inserting in lieu thereof "6/30/80*'. (b) The ameiuhnents made by subsection (a) shall apply to articles entered, or withdrawn from waivhouse, for consumption on or after the date of enactment of this Act. (c) Upon recjuest therefor filed with the customs officer c(mcerned on or before the ninetieth day after the date of enactment of this Act, the entry or withdrawal of any article— (1) which was made after June 30, 1976, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if any amendment nuidc by subsection (a) applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act. SKC. 2. (a) The headnotes to pa it 10 of schedule 4 of the Tariff Schedules of the United States (19 U.S.C. 1202) are amended by adding at the end thereof the following new headnote: "4. (a) ¥oT purposes of this headnote, the term 'petroleum' means crude petroleum (including reconstituted crude petroleum) or crude shale oil provided for in items 475.05 or 475.10. " (b) Petroleum shall, if a product of Canada, be admitted free of duty and any entry therefor shall be liquidated or reliquidated accordingly if, on or before the 180th day after the date of entry, documentation is filed with the customs officer concerned establishing that, pursuant to a commercial exchange agreement between United States and Canadian refiners which has been approved by the Secretary of Energy— " (i) an import licence for the petroleum covered by such entry has been issued by the Secretary; and " ( i i) an equivalent amount of domestic petroleum or duty-paid foreign petroleum has, pursuant to such commercial exchange agreement and to an export license issued by the Secretary of Commerce, been exported from the United States to Canada and has not previously been used to effect the duty-free entry of like Canadian products under this headnote. "(c) The Secretary of the Treasury, after consulting with the Secretary of Commerce and the Secretary of Energy, shall issue such rules or regulations as may be necessary governing the admission of Canadian products pursuant to the provisions of this headnote.".

Nov. 8. 1977 [H.R. 3259] Horses, duty suspension, extension. 19 USC 1202 app. Effective date. 19 USC 1202 app. note. 19 USC 1202 app. note.

19 USC 1514.

"Petroleum. eanadian petroleum, dutyfree entry. Documentation, filing with customs officer,

Rules and regulations. Consultation.

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text:
Page:United States Statutes at Large Volume 91.djvu/1304

 PUBLIC LAW 95-159—NOV. 8, 1977

91 STAT. 1270 Effective date. 19 USC 1202 note.

19 USC 1202 app.

(b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of enactment of this Act pursuant to commercial exchange agreements referred to in headnote 4 of part 10 of schedule 4 of the Tariff Schedules of the United States (as added by such subsection) which are effective for periods beginning on or after such date of enactment. SEC. 3. (a) Subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting innnediately before item 907.60 the following new item: 907. 20

Doxorubicin hyclrochloride (provided for in item 407.85, part 1, or in item 437.32 or 438.02, part 3, schedule 4, depending on source)

Free

No change

On or before 6/30/80

Effective date. (b) The amendment made by subsection (a) shall apply with respect 19 USC 1202 to articles entered, or withdrawn from warehouse, for consumption app. note. .^J^Q^. the date of enactment of this Act. Approved November 8, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-79 (Comm. on Ways and Means). SENATE REPORT No. 95-422 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 21, considered and passed House. Sept. 15, considered and passed Senate, amended. Oct. 25, House concurred in Senate amendments.

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text:
Page:United States Statutes at Large Volume 91.djvu/1305

 91 STAT. 1271

PUBLIC LAW 95-160—NOV. 8, 1977

Public Law 95-160 95th Congress An Act To suspend until the close of June 30, 1978, the duty on certain latex sheets, and for other purposes.

Nov. 8. 1977 [H.R. 2850J

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202] is amended by inserting immediately after item 912.10 the following new item:

Latex sheets, duty suspension. 19 USC 1202 app.

912. 12

Sheets, over 0.90 inch but not over 1.50 inches in thickness, of molded pin core latex foam rubber (provided for in item 770.70, part 12A, schedule 7)

Free

No change

On or before 6/30/78

(b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (c) Upon request therefor filed with the customs officer concerned on or before the ninetieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which w\as made after May 9, 1977, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendment made by subsection (a) applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act. SEC. 2. (a) Item 911.25 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "6/30/77" and inserting in lieu thereof "6/30/79". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, after June 30, 1977. SEC. 3. (a) Subpart B of part 12 of schedule 7 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out

Effective date. 19 USC 1202 app. note.

19 USC 1514.

19 USC 1202 app. Effective date. 19 USC 1202 app. note.

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Page:Hockey, Canada's Royal Winter Game.djvu/55

 him in his confidence, sharpening his eye, training his judgment, adding to his speed, practice assists a player, on each occasion, to become proficient in the necessary art of stick-handling, and to regard himself and the other members of his team, as one well lubricated piece of machinery.

It is difficult to lay down rules regulating the manipulation of the stick. What there are of them, are few and undefined. The stick should be held in both hands. The right hand should hold it firmly at the end of handle, and the left lower down, according to the reach of the player, because, even if most plays are made with both hands on the stick, there are times when it is necessary to use only one, in which case, holding the stick as above, the right hand, is already in place without any change.

The stick should be held in both hands, because in that position a man is always ready to shoot for the goals or to pass the puck. Besides, he can check better, dodge better, resist a heavy check more easily and sustain his position on his skates more securely, when he has the stick thus held upon the ice.

Stick-handling, like confidence, coolness, strength and speed, is acquired by practice, and by practice alone.

The more you play the sooner you will become an adept in the art, and the better you can handle your stick the more effective a player you will be, because stick-handling is one of the essentials of the game.


text:
Page:United States Statutes at Large Volume 91.djvu/1306

 91 STAT. 1272

Effective date. 19 USC 1202 "•***•

PUBLIC LAW 95-160—NOV. 8, 1977 "otherwise processed" in headnote 2(iv)(D) and inserting in lien thereof "otherwise usefully processed". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. ,., Approved November 8, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-423 (Comm. on Ways and Means). SENATE REPORT No. 95-419 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 123 (1977): July 18, considered and passed House. Sept. 15, considered and passed Senate, amended. Oct. 25, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 91.djvu/1307

 91 STAT. 1273

PUBLIC LAW 95-161—NOV. 8, 1977

Public Law 95-161 95th Congress An Act To suspend until the close of June 30, 1980, the duty on synthetic tantalum/ columbium concentrate, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately after item 911.25 the following: 911.27

Synthetic tantalum/columbium concentrate (provided for in item 603.70, pt. 1, schedule 6)

Free

No change

Nov. 8, 1977 [H.R. 2982]"

Synthetic tantalum/ Columbian concentrate, duity suspension. 19 USC 1202 app.

On or b<?fore 6/30/80

(b) The amendment made by subsection (a) shall apply with Effective date. respect to articles entered, or withdrawn from warehouse, for con- 19 USC 1202 app. note. sumption on or after the date of the enactment of this Act. SEC. 2. (a) Subpart B of part 1 of the Appendix to the Tariff 19 USC 1202 Schedules of the United States (19 U.S.C. 1202) is amended by app. inserting immediately before item 907.80 the following new item: 907. 70

Concentrate of poppy straw (however provided for in part 3 of schedule 4) when imported for use in producing codeine or morphine

Free

Free

On or before 6/30/80

(b) The amendment made by subsection (a) shall apply with respect Effective date. to articles entered, or withdrawn from warehouse, for consumption 19 USC 1202 app. note. on or after the date of the enactment of this Act. SEC. 3. (a) Item 912.05 of the Appendix to the Tariff Schedules of 19 USC 1202 app. the United States (19 U.S.C. 1202) is amended— (1) by inserting ", and parts thereof" immediately after "Gen^ erator lighting sets for bicycles"; and (2) by striking out "12/31/76" and inserting in lieu thereof "6/30/80".

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Page:United States Statutes at Large Volume 91.djvu/1308

 91 STAT. 1274

PUBLIC LAW 95-161—NOV. 8, 1977 (b) Item 912.10 of the Appendix to such Schedules is amended to read as follows: 912. 10

Effective date.

19 USC 1202

app. note.

19 USC 1202 app. note.

19 USC 1514.

Caliper brakes, drum brakes, coaster brakes, three-speed hubs incorporating coaster brakes, three-speed hubs not incorporating coaster brakes, click twist grijjs, click stick levers, multiple free wheel sprockets, cotterless type crank sets, rims, parts of all the foregoing, and parts of bicycles consisting of sets of steel tubing cut to exact length and each set having the number of tubes needed for the assembly (with other parts) into the frame and fork of one bicycle (provided for in item 732.36, part 5C, schedule 7)

Free

No change

On or before 6/30/80

(c) The amendments made by subsections (a) and (b) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (d) Upon request therefor filed with the customs officer concerned on or before the 90th day after the date of the enactment of this Act, the entry or withdrawal of any article (other than any derailleur) to which item 912.05 or 912.10 of the Tariff Schedules of the United States (as in effect on December 31, 197G) applied and— (1) which was made after December 31, 197G, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if any of the amendments made by subsections (a) and (b) applied to such entry or withdrawal, shall notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act. Approved November 8, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-424 (Comm. on Ways and Means). SENATE REPORT No. 95-420 (Comm. on Finance). CONGRESSIONAL RECORD, VoL 123 (1977): July 18, considered and passed House. Sept. 16, considered and passed Senate, amended. Oct. 25, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 91.djvu/1309

 91 STAT. 1275

PUBLIC LAW 95-162—NOV. 8, 1977

Public Law 95-162 95th Congress An Act To provide duty-free treatment for certain copying latlies used for making rough or finished shoe lasts and for parts of such lathes, and for other purposes.

Nov. 8, 1977 [H.R. 3093]

Be it enacted 5y the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subpart F of part 4 of Schedule 6 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended— (1) by inserting immediately after item 674.40 the following new item:

Copying lathes for shoe lasts, duty-free treatment.

674. 41

Copying lathes used for making rough or finished shoe lasts from models of shoe lasts and, in addition, capable of producing more than one size shoe last from a single size model of a shoe last.. Free

Free

(2) by inserting immediately after item 674.42 the following new item: 674. 48

Work and tool holders and other parts of, and accessories used principally with, copying lathes provided for in item 674]41

Free

Free

'; and

(3) by striking out "machine tools;" in the superior heading to items 674.50 through 674.56, inclusive, and inserting in lieu thereof "machine tools (other than copying lathes provided for in item 674.41);". (b) Item 911.70 of the Appendix to such Schedules is repealed. (c) The amendments made by subsection (a) shall apply w i t h respect to articles entered, or w i t h d r a w n from warehouse, for consumption on or after the date of the enactment of this Act. (d) Upon request therefor filed with the customs officer concerned on or before the ninetieth day after the date of the enactment of this Act, the entry of any article— (1) which was made after June 30, 1976, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if any of the amendments made by subsection (a) applied to such entry, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as t h o u g h such entry h a d been made on the date of the enactment of this Act. (e) The repeal made by subsection (b) shall take effect on the date of the enactment of this Act. SEC. 2. (a) Subpart B of part 1 of the A p p e n d i x to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended— (1) by adding immediately after headnote 3 the following new headnote:

Repeal. 19 USC 1202 app. Effective date. 19 USC 1202 note. 19 USC 1202 note.

19 USC 1514. Effective date. 19 USC 1202 app. note. Wool classification. 19 USC 1202 •pp.

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Page:United States Statutes at Large Volume 91.djvu/1310

 91 STAT. 1276

PUBLIC LAW 95-162—NOV. 8, 1977 "4. For so long as items 905.10 and 905.11 are in effect, headnotes 3, 4, and 5 of subpart C of part 1 of schedule 3 shall be suspended (except insofar as they relate to hair of the camel) and in lieu thereof— " (a) for purposes of item 307.40— " (i) the classification provisions for wool not finer than 46s shall apply to any package of wool containing not over 10 percent by weight of wool finer than 46s but not containing wool finer than 48s; and • " ( i i) the citation for imports classifiable under item 307.40 shall be such item number followed by the item number for the part of the contents of the package which determines the rate of d u t y; and " (b) for purposes of item 905.11, a tolerance of not more than 10 percent of wools not finer than 48s may be allowed in each bale or package of wools imported as not finer than 46s."; and (2) by adding immediately before item 905.30 the following new items:

905. 10

905. 11

Effective date. 19 USC 1202 app. note.

Wool (provided for in part IC, schedule 3): All wool provided for in items 306.00 through 306.24

Free

Free

On or before 6/30/80

Wool not finer than 46s provided for in items 306.30 through 306.34

Free

Free

On or before 6/30/80

(b) The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on QJ. after the date of the enactment of this Act. SEC. 3. (a) Subpart G of part 15 of schedule 1 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out— 192. 65 192. 70

Istle: Crude... Processed,

Free 20% ad val.

Free 20% ad val.

and inserting in lieu thereof the following: " I 192. 66 1

Istle

I Free

Free

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