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 PUBLIC LAW 94-64—JULY 31, 1975

89 STAT. 3 7 5

and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the government, and which are material to the preparation of the defense or are intended for use by the government as evidence in chief at the trial.". (23) Rule 16(a)(1)(E) is deleted. (24) Rule 16(b)(1)(A) is amended to read as follows: "(A)

DOCUMENTS AND TANGIBLE O B J E C T S. — I f the defendant

requests disclosure under subdivision (a)(1)(C) or (D) of this rule, upon compliance with such request by the government, the defendant, on request of the government, shall permit the government to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in chief a t the trial.". (25) Rule 1 6 (b)(1)(B) is amended to read as follows: "(B)

REPORTS o r EXAMINATIONS AND T E S T S. — I f the defendant

requests disclosure under subdivision (a)(1)(C) or (D) of this rule, upon compliance with such request by the government, the defendant, on request of the government, shall permit the government to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce as evidence in chief a t the trial or which were prepared by a witness whom the defendant intends to call a t the trial when the results or reports relate to his testimony.". (26) Rule 16(b)(1)(C) is deleted. (27) Rule 16(c) is amended to read as follows: " (c) C O N T I N U I N G D U T Y To DISCLOSE.—If, p r i o r to or during t r i a l, a

party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under this rule, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material.". (28) Rule 1 6 (d)(1) is amended to read as follows: " (1) PROTECTIVE AND MODIFYING ORDERS.—Upon a sufficient show-

ing the court may a t any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. I f the court enters an order g r a n t i n g relief following such an ex part e showing, the entire text of the party ' s statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.". (29) Rule 17 (f)(2) is amended to read as follows: Subpoena. " (2) PLACE.—The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties.". (30) Rule 2 0 (d) is amended to read as follows: Venue.

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 89 STAT. 376

Sentence and judgment.

Presence of the defendant.

PUBLIC LAW 94-64—JULY 31, 1975 "(d) JUVENILES.—A juvenile (as defined in 18 LT.S.C. § 5031) who is arrested, held, or present in a district other than that in which he is alleged to have committed an act in violation of a law of the United States not punishable by death or life imprisonment may, after he has been advised by counsel and with the approval of the court and the United States attorney for each district, consent to be proceeded against as a juvenile delinquent in the district in which he is arrested, held, or present. The consent shall be given in writing before the court but only after the court has apprised the juvenile of his rights, including the right to be returned to the district in which he is alleged to have committed the act, and of the consequences of such consent.". (31) Rule 32(a)(1) is amended to read as follows: "(1) IMPOSITION OF SENTENCE.—Sentence shall be imposed without unreasonable delay. Before imposing sentence the court shall afford counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment. The attorney for the government shall have an equivalent opportunity to speak to the court.". (32) Rule 32 (c)(1) is amended to read as fol lows: "(1) W H E N MADE.—The probation service of the court shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation unless, with the permission of the court, the defendant waives a presentence investigation and report, or the court finds that there is in the record information sufficient to enable the meaningful exercise of sentencing discretion, and the court explains this finding on the record. "The report shall not be submitted to the court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty, except that a judge may, with the written consent of the defendant, inspect a presentence report at any time.". (33) Rule 32 (c)(3)(A) is amended to read as follows: "(A) Before imposing sentence the court shall upon request permit the defendant, or his counsel if he is so represented, to read the report of the presentence investigation exclusive of any recommendation as to sentence, but not to the extent that in the opinion of the court the report contains diagnostic opinion which might seriously disrupt a program of rehabilitation, sources of information obtained upon a promise of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise, to the defendant or other persons; and the court shall afford the defendant or his counsel an opportunity to comment thereon and, at the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy contained in the presentence report.". (34) Rule 32 (c)(3)(D) is amended to read as follows: "(D) Any copies of the presentence investigation report made available to the defendant or his counsel and the attorney for the government shall be returned to the probation officer immediately following the imposition of sentence or the granting of probation, unless the court, in its discretion otherwise directs.". (35) Rule 43 (b)(2) is amended to read as follows:

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


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 PUBLIC LAW 94-64—JULY 31, 1975 " (2) after being warned by the court that disruptive conduct will cause him to be removed from the courtroom, persists in conduct which is such as to justify his being excluded from the courtroom,". Approved July 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-247 (Comm. on the Judiciary) and No. 94-414 (Coram, of Conference). SENATE REPORT No. 94-336 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 121 (1975): June 6, 16, 18, 23, considered and passed House. July 17, considered and passed Senate, amended. July 30, House and Senate agreed to conference report.

89 STAT. 377

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 89 STAT. 378

PUBLIC LAW 94-65—JULY 31, 1975

Public Law 94-65 94th Congress Joint Resolution July 61, 1975 [SJ. Res. 41]

Smithsonian Instituion.

rp^ provide for the reappointment of Doctor John Nicholas Brown as citizen regent of the Board of Regents of the Smithsonian Institution.

Resolved iy the Senate and House of Representatives of the United States of America in Congress assembled, That the vacancy in the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor John Nicholas Brown, of Rhode Island, on June 13, 1975, be filled by the reappointment of the present incumbent for the statutory term of six years. Approved July 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-24.9 accompanying H J. Res. 354 (Comm. on House Administration). SENATE REPORT No. 94-122 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 121 (1975): May 14, considered and passed Senate. July 21, considered and passed House, in lieu of H.J. Res. 354.

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 PUBLIC LAW 94-66—JULY 31, 1975

89 STAT. 379

Public Law 94-66 94th Congress Joint Resolution To provide for the reappointment of Thomas J. Watson, Junior, as citizen regent of the Board of Regents of the Smithsonian Institution.

July o l, 19/o [SJ. Res. 42]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the vacancy in the Smithsonian Board of Eegents of the Smithsonian Institution, of the class other Institution, than Members of Congress, which will occur by the expiration of the term of Thomas J. Watson, Junior, of Connecticut, on June 17, 1975, be filled by the reappointment of the present incum.bent for the statutory term of six years. Approved July 31, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-248 accompanying H.J. Res. 353 (Comm. on House Administration). SENATE REPORT No. 94-123 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 121 (1975): May 14, considered and passed Senate. July 21, considered and passed House, in lieu of H.J. Res. 353.

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 89 STAT. 38©

PUBLIC LAW 94-67—AUG. 5, 1975

Public Law 94-67 94th Congress Joint Resolution Aug- 5, 1975 [S.J. Res. 23]

Robert E. Lee. Citizenship restored posthumously, u s e prec. title 1.

To restore posthumously full rights of citizenship to General R. E. Lee.

Whereas this entire Nation has long recognized the outstanding virtues of courage, patriotism, and selfless devotion to duty of General R. E. Lee, and has recognized the contribution of General Lee in healing the wounds of the War Between the States, and Whereas, in order to further the goal of reunion of this country, General Lee, on June 13, 1865, applied to the President for amnesty and pardon and restoration of his rights as a citizen, and Whereas this request was favorably endorsed by General Ulysses S. Grant on June 16, 1865, and Whereas, General Lee's full citizenship was not restored to him subsequent to his request of June 13, 1865, for the reason that no accompanying oath of allegiance was submitted, and Whereas, on October 12, 1870, General Lee died, still denied the right to hold any office and other rights of citizenship, and Whereas a recent discovery has revealed that General Lee did in fact on October 2, 1865, swear allegiance to the Constitution of the United States and to the Union, and Whereas it appears that General Lee thus fulfilled all of the legal as well as moral requirements incumbent upon him for restoration of his citizenship: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in accordance with section 3 of amendment 14 of the United States Constitution, the legal disabilities placed upon General Lee as a result of his service as General of the Army of Northern Virginia are removed, and that General R. E. Lee is posthumously restored to the full rights of citizenship, effective June 13, 1865. Approved August 5, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-324 (Coram, on the Judiciary). SENATE REPORT No. 94-44 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 121 (1975): Apr. 10, considered and passed Senate. July 22, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 32: Aug. 5, Presidential statement.

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 PUBLIC LAW 94-68—AUG. 5, 1975

89 STAT. 381

Public Law 94-68 94th Congress An Act To amend the Consolidated Farm and Rural Development Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consolidated F a r m and E u r a l Development Act (the Act) is amended as follows: SEC. 2. Subsection (a) of section 321 of the Act is amended to read: " The Secretary shall d e s i ^ a t e any area in the United States, P u e r to Rico, and the Virgin Islands as an emergency area if he finds that a n a t u r a l disaster has occurred in said area which substantiallj^ affected farming, ranching, or aquaculture operations. For purposes of this subtitle 'aquaculture' means husbandry of aquatic organisms under a controlled or selected environment.". SEC. 3. Subsection (b) of section 321 of the Act is amended as follows: (a) in the first sentence after the words "major disaster" insert "or emergency", strike the words "oyster p l a n t e r s " and "oyster p l a n t i n g " and insert in lieu thereof the words "persons engaged in aquaculture" and "aquaculture", respectively; and (b) delete everything after the first sentence, strike the period, and insert: "and are unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time. The provisions of this subsection shall not be applicable to loan applications filed prior to July 9, 1975.". SEC. 4. Section 322 of the Act is amended to read: "Loans may be made under this subtitle for any of the purposes authorized for loans under subtitle A or B of this title, as well as for crop or livestock changes deemed desirable by the a p p l i c a n t: Provided, That such loans may include, but are not limited to, the amount of the actual loss sustained as a result of the disaster.". SEC. 5. Section 324 of the Act is amended to read: "Loans made or insured under this Act shall be (1) at a rate of interest not in excess of 5 per centum per annum on loans u p to the amount of the actual loss caused by the disaster, and (2) for any loans or portions of loans in excess of that amount, the interest rate will be that prevailing in the private market for similar loans, as determined by the Secretary. All such loans shall be repayable at such times as the Secretary may determine, taking into account the purposes of the loan and the nature and effect of the disaster, but not later than provided for loans for similar purposes under subtitles A and B of this title, and upon the full personal liability of the borrower and upon the best security available, as the Secretary may prescribe: Provided, That the security is adequate to assure repayment of the loans; except that if such security is not available because of the disaster, the Secretary shall (i) accept as security such collateral as is available, a portion or all of which may have depreciated in value due to the disaster and which in the opinion of the Secretary, together with his confidence in the repayment ability

Aug. 5, 1975 [S. 555] Emergency farm loans. 7 USC 1921 note. 7 USC 1961.

'Aquaculture."

7 USC 1962.

Interest rate. 7 USC 1964.

Liability and security. 7 USC 1922, 1941.

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 89 STAT. 382

IQA?^

^^^^'

15 USC 636.

7 USC 1965.

7 USC 1961.

7 USC 1970.

7 USC 1971.

7 USC 1993.

PUBLIC LAW 94-68—AUG. 5, 1975 of the applicant, is adequate security for the loan, and (ii) make such loan repayable at such times as he may determine, not later than that provided under subtitles A and B of this title, as justified by the needs of the applicant: Provided further, That for any disaster occurring after January 1, 1975, the Secretary, if the loan is for a purpose described in subtitle B of this title, may make the loan repayable at the end of a period of more than seven years, but not more than twenty years, if the Secretary determines that the need of the loan applicant justifies such a longer repayment period: Provided further, That notwithstanding the provisions of any other law, any loan made by the Small Business Administration in connection with a disaster occurring on or after the date of enactment of this amendment under section 7(b)(1), (2), or (4) of the Small Business Act shall bear interest at the rate determined in the first paragraph following section 7(b) (8) of such Act for loans under paragraphs (3), (5), (6), (7), or (8) of section 7(b).". SEC. 6. Section 325 of the Act is amended to read as follows: "The Secretary may delegate authority to any State director of the Farmers Home Administration to make emergency loans in any area within a State of the United States, Puerto Rico, or the Virgin Islands on the same terms and conditions set out in section 321(a) without any formal area designation being made: Provided, That the State director finds that a natural disaster has substantially affected twenty-five or less farming, ranching, or aquaculture operations in the area.", SEC. 7. At the end of subtitle C of the Act, add a new section 329 stating: "An applicant seeking financial assistance based on production losses must show that a single enterprise which constitutes a basic part of his farming, ranching, or aquaculture operation has sustained at least a 20 per centum loss of normal per acre or per animal production as a result of the disaster.". SEC. 8. At the end of subtitle C of the Act, add a new section 330 stating: "Subsequent loans, to continue the farming, ranching, or aquaculture operation may be made under this subtitle on an annual basis, for not to exceed five additional years, to eligible borrowers, at the prevailing rate of interest in the private market for similar loans as determined by the Secretary, when the financial situation of the farming, ranching, or aquaculture operation has not improved sufficiently to permit the borrower to obtain such financing from other sources.". SEC. 9. At the end of subtitle D of the Act, add a new section 345 to read as follows:

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 PUBLIC LAW 94-68—AUG. 5, 1975

89 STAT. 383

"SEC. 345. On or before February 15 of each calendar year beginning with calendar year 1976, or such other date as may be specified by the appropriate Committeej the Secretary of Agriculture shall testify before the Senate Committee on Agriculture and Forestry and the House Committee on Agriculture and provide justification in detail of the amount requested in the budget to be appropriated for the next fiscal year for the purposes authorized in the Consolidated Farm and Rural Development Act, as amended, and of the amounts estimated to be utilized during such fiscal year from the Agricultural •Credit Insurance Fund and the Rural Development Insurance Fund.".

Testimony before congressional ^°???Ji"®®*' ^ ^^^^•

Approved August 5, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-211 (Coram, on Agriculture) and No. 94-378 (Coram, of Conference). SENATE REPORTS: No. 94-59 (Comra. on Agriculture and Forestry) and No. 94-290 (Corara. of Conference). CONGRESSIONAL RECORD, Vol. 121 (1975): Mar. 26, considered and passed Senate. July 9, considered and passed House, araended. July 21, Senate agreed to conference report. July 25, House agreed to conference report.

7 USC 1921 note,

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 89 STAT. 384

PUBLIC LAW 94-69—AUG. 5, 1975

Public Law 94-69 94th Congress An Act Aug. 5, 1975 [H.R. 5447]

National Advisory Committee on Oceans and Atmosphere. Appropriation authorization. 33 USC 857-12.

Reports to Congress.

To amend the Act of August 16, 1971, as amended, which established the National Advisory Committee on Oceans and Atmosphere, to increase and extend the appropriation authorization thereunder, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of the Act of August 16, 1971, as amended (Public Law 92-125, 85 Stat. 344; Public Law 92-567, 86 Stat. 1181), is amended to read as follows: "There are hereby authorized to be appropriated to the Secretary of Commerce such sums as may be necessary for expenses incident to the administration of this Act, not to exceed the following amounts: (1) $400,000 for the fiscal year ending June 30, 1973, and for each of the 2 fiscal years immediately thereafter; (2) $445,000 for the fiscal year ending June 30, 1976; (3) $111,250 for the transitional period (July 1 through September 30, 1976); and (4) $445,000 for the fiscal year ending September 30, 1977.". SEC. 2. Section 4 of such Act (33 U.S.C. 857-9) is amended— (1) by inserting after "review of" and before "the progress" the following: "national ocean policy, coastal zone management, and"; and (2) striking out "the President." at the end of the second sentence thereof and inserting in lieu thereof "the President and the Congress.". Approved August 5, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-222 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-268 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 121 (1975): May 19, considered and passed House. July 11, considered and passed Senate, amended. July 24, House concurred in Senate amendments.

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 PUBLIC LAW 94-70—AUG. 5, 1975

89 STAT. 385

Public Law 94-70 94th Congress An Act To give effect to the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, by the United States of America and other countries, 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 "Atlantic Tunas Convention Act of 1975". DEFINITIONS

SEC. 2. For the purpose of this Act— (1) The term "Convention" means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States. (2) The term "Commission" means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention. (3) The term "Council" means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention. (4) The term "fisheries zone" means the entire zone established by the United States under the Act of October 14, 1966 (80 Stat. 908; 16'U.S.C. 1091-1094), or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States. (5) The term "fishing" means the catching, taking, or fishing for, or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof. (6) The term "fishing vessel" means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or anj' vessel outfitted for such activities. (7) The term "Panel" means any panel established by the Commission pursuant to article VI of the Convention. (8) The term "person" means every individual, partnership, corporation, and association subject to the jurisdiction of the United States. (9) The term "Secretary" means the Secretary of Commerce, (10) The term "State" includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

Aug. 5, 1975 [H.R. 5522]

Atlantic Tunas Convention Ac t of 1975. 16 USC 971 note. 16 USC 971.

20 UST 2887.

COMMISSIONERS

SEC. 3. (a) The United States shall be represented by not more than 16 USC 971a. three Commissioners who shall serve as delegates of the United States on the Commission, and who may serve on the Council and Panels of the Commission as provided for in the Convention. Such Commissioners shall be appointed by and serve at the pleasure of the President.

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 89 STAT. 386

PUBLIC LAW 94-70—AUG. 5, 1975 Not more than one such Commissioner shall be a salaried employee of any State or political subdivision thereof, or the Federal Government. The Commissioners shall be entitled to select a Chairman and to adopt such rules of procedure as they find necessary. (b) The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate United States Commissioner may exercise at any meeting of the Commission, Council, any Panel, or the advisory committee established pursuant to section 4 of this Act, all powers and duties of a United States Commissioner in the absence of any Commissioner appointed pursuant to subsection (a) of this section for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of United States Commissioners appointed pursuant to subsection (a) of this section who will not be present at such meeting. (c) The United States Commissioners or Alternate Commissioners, although officers of the United States while so serving, shall receive no compensation for their services as such Commissioners or Alternate Commissioners. ADVISORY

16 USC 971b. 20 UST 2887.

Transportation expenses.

COMMITTEE

SEC. 4. The United States Commissioners shall appoint an advisory committee which shall be composed of not less than five nor more than twenty individuals who shall be selected from the various groups concerned with the fisheries covered by the Convention. Each member of the advisory committee shall serve for a term of two years and be eligible for reappointment. Members of the advisory committee may attend all public meetings of the Commission, Council, or any Panel and any other meetings to which they are invited by the Commission, Council, or any Panel. The advisory committee snail be invited to attend all nonexecutive meeting of the United States Commissioners and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. Members of the advisory committee shall receive no compensation for their services as such members. On approval by the United States Commissioners— (1) if not more than three members of the advisory committee are designated by the committee to attend any meeting of the Commission, Council, or advisory committee, or of any Panel, each of such members shall be paid for his actual transportation expenses and per diem incident to his attendance; and (2) in any case in which more than three members are designated by the advisory committee to attend any such meeting, each such member to whom paragraph (1) does not apply may be paid for his actual transportation expenses and per diem incident to his attendance. SECRETARY OF STATE TO ACT FOR THE UNITED STATES

16 USC 971c.

SEC. 5. (a) The Secretary of State is authorized to receive on behalf of the United States, reports, requests, and other communications of the Commission, and to act thereon directly or by reference to the appropriate authorities. The Secretary of State, with the concurrence of the Secretary and, for matters relating to enforcement, the Secretary of the department in which the Coast Guard is operating, is authorized to take appropriate action on behalf of the United States

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 PUBLIC LAW 94-70—AUG. 5, 1975 with regard to recommendations received from the Commission pursuant to article VIII of the Convention. The Secretary and, when appropriate, the Secretary of the department in which the Coast Guard is operating, shall inform the Secretary of State as to what action he considers appropriate within five months of the date of the notification of the recommendation from the Commission, and again within forty-five days of the additional sixty-day period provided by the Convention if any objection is presented by another contracting party to the Convention, or within thirty days of the date of the notification of an objection made within the additional sixty-day period, whichever date shall be the later. After any notification from the Commission that an objection of the United States is to be considered as having no effect, the Secretary shall inform the Secretary of State as to what action he considers appropriate within forty-five days of the sixty-day period provided by the Convention for reaffirming objections. The Secretary of State shall take steps under the Convention to insure that a recommendation pursuant to article VIII of the Convention does not become effective for the United States prior to its becoming effective for all contracting parties conducting fisheries affected by such recommendation on a meaningful scale in terms of their effect upon the success of the conservation program, unless he determines, with the concurrence of the Secretary, and, for matters relating to enforcement, the Secretary of the department in which the Coast Guard is operating, that the purposes of the Convention would be served by allowing a recommendation to take effect for the United States at some earlier time. (b) The Secretary of State, in consultation with the Secretary and the Secretary of the department in which the Coast Guard is operating, is authorized to enter into agreements with any contracting party, pursuant to paragraph 3 of article IX of the Convention, relating to cooperative enforcement of the provisions of the Convention, recommendations in force for the United States and such party or parties under the Convention, and regulations adopted by the United States and such contracting party or parties pursuant to recommendations of the Commission. Such agreements may authorize personnel of the United States to enforce measures under the Convention and under regulations of another party with respect to persons under that party's jurisdiction, and may authorize personnel of another party to enforce measures under the Convention and under United States regulations with respect to persons subject to the jurisdiction of the United States. Enforcement under such an agreement may not take place within the territorial seas or fisheries zone of the United States. Such agreements shall not subject persons or vessels under the jurisdiction of the United States to prosecution or assessment of penalties by any court or tribunal of a foreign country.

89 STAT. 387 20 UST 2887.

Cooperative enforcement agreements.

ADMINISTRATION

SEC. 6. (a) The Secretary is authorized and directed to administer 16 USC 971d. and enforce all of the provisions of the Convention, this Act, and regulations issued pursuant thereto, except to the extent otherwise provided for in this Act. In carrying out such functions the Secre- Regulations, tary is authorized and directed to adopt such regulations as may be necessary to carry out the purposes and objectives of the Convention and this Act, and with the concurrence of the Secretary of State, he may cooperate with the duly authorized officials of the government of any party to the Convention. In addition, the Secretary may utilize,

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 89 STAT. 388

Regulations.

20 UST 2887. Regulations.

Publication in Federal Register.

Publication in Federal Register.

PUBLIC LAW 94-70—AUG. 5, 1975 with the concurrence of the Secretary of the department in which the Coast Guard is operating insofar as such utilization involves enforcement at sea, with or without reimbursement and by agreement with any other Federal department or agency, or with any agency of any State, the personnel, services, and facilities of that agency for enforcement purposes with respect to any vessel in the fisheries zone, or wherever found, with respect to any vessel documented under the laws of the United States, and any vessel numbered or otherwise licensed under the laws of any State. When so utilized, such personnel of the States of the United States are authorized to function as Federal law enforcement agents for these purposes, but they shall not be held and considered as employees of the United States for the purposes of any laws administered by the Civil Service Commission. (b) Enforcement activities at sea under the provisions of this Act for fishing vessels subject to the jurisdiction of the United States shall be primarily the responsibility of the Secretary of the department in which the Coast Guard is operating, in cooperation with the Secretary and the United States Customs Service. The Secretary after consultation with the Secretary of the department in which the Coast Guard is operating, shall adopt such regulations as may be necessary to provide for procedures and methods of enforcement pursuant to article IX of the Convention. (c)(1) Upon favorable action by the Secretary of State under section 5(a) of this Act on any recommendation of the Commission made pursuant to article VIII of the Convention, the Secretary shall promulgate, pursuant to this subsection, such regulations as may be necessary and appropriate to carry out such recommendation. (2) To promulgate regulations referred to in paragraph (1) of this subsection, the Secretary shall publish in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (A) submission of written data, views, or arguments, and (B) oral presentation at a public hearing. Such regulations shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations, and by a statement, based on inquiries and investigations, assessing the nature and effectiveness of the measures for the implementation of the Commission's recommendations which are being or will be carried out by countries whose vessels engage in fishing the species subject to such recommendations within the waters to which the Convention applies. After publication in the Federal Register, such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary shall prescribe. The Secretary shall suspend at any time the application of any such regulation when, after consultation with the Secretary of State and the United States Commissioners, he determines that fishing operations in the Convention area of a contracting party for whom the regulations are effective are such as to constitute a serious threat to the achievement of the Commission's recommendations. (3) The regulations required to be promulgated under paragraph (1) of this subsection may— (A) select for regulation one or more of the species covered by the Convention; "(B) divide the Convention waters into areas; (C) establish one or more open or closed seasons as to each such

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 PUBLIC LAW 94-70—AUG. 5, 1975

89 STAT. 389

(D) limit the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; (E) limit or prohibit the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish; (F) require records of operations to be kept by any master or other person in charge of any fishing vessel; (G) require such clearance certificates for vessels as may be necessary to carry out the purposes of the Convention and this 20 UST 2887 Act; (H) require proof satisfactory to the Secretary that any fish subject to regulation pursuant to a recommendation of the Commission offered for entry into the United States has not been taken or retained contrary to the recommendations of the Commission made pursuant to article VIII of the Convention which have been adopted as regulations pursuant to this section; and (I) impose such other requirements and provide for such other measures as the Secretary may deem necessary to implement any recommendation of the Commission. (4) Upon the promulgation of regulations provided for in para- Regulations, graph (3) of this subsection, the Secretary shall promulgate, with the concurrence of the Secretary of State and pursuant to the procedures prescribed in paragraph (2) of this subsection, additional regulations which shall become effective simultaneously with the application of the regulations provided for in paragraph (3) of this subsection, which prohibit— (A) the entry into the United States of fish in any form of those species which are subject to regulation pursuant to a recommendation of the Commission and which were taken from the Convention area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the Commission; and (B) the entry into the United States, from any country when the vessels of such country are being used in the conduct of fishing operations in the Convention area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the Commission, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the Commission and which were taken from the Convention area. (5) In the case of repeated and flagrant fishing operations in the Convention area by the vessels of any country which seriously threaten the achievement of the objectives of the Commission's recommendations, the Secretary with the concurrence of the Secretary of State, may by regulations promulgated pursuant to paragraph (2) of this subsection prohibit the entry in any form from such country of other species covered by the Convention as may be under investigation by the Commission and which were taken in the Convention area. Any such prohibition shall continue until the Secretary is satisfied that the condition warranting the prohibition no longer exists, except that all fish in any form of the species under regulation which were previously prohibited from entry shall continue to be prohibited from entry. (d)(1) Notwithstanding section 5(a) and subsection (c) of this section, the recommendations of the Commission concerning bluefin tuna (Thunnus thynnus thynnus) which were proposed at the third

57-194 O - 77 - 29

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text:
Page:Hockey, Canada's Royal Winter Game.djvu/98

 "The forwards should be careful not to "bunch," not to crowd around the puck, which can be avoided if each man plays in his own position.

"A forward's dress and skates should be light.

"His stick should be strong, light and not too flexible, having a long blade and handle, which will increase his reach. It should be made of second growth ash, which is the most serviceable wood, because it combines strength with lightness, and does not, like most other woods, absorb the water which frequently appears on the ice. When a player gets a stick that suits him, he should carefully note its particular points, so that when that one breaks, he may secure others of the same shape. A player should use the stick that he himself prefers, and should not be guided by the choice of others, although, of course, he should always look for an improvement on his own."


text:
Page:United States Statutes at Large Volume 89.djvu/450

 8 9 STAT. 390

Regulations.

Publication in Federal Register.

20 UST 2887.

PUBLIC LAW 94-70—AUG. 5, 1975 regular meeting of the Council during the period beginning November 20 and ending November 26, 1974, shall apply with respect to persons and vessels subject to the jurisdiction of the United States immediately upon the taking effect of the regulations required to be promulgated under paragraph (2) of this subsection. (2) Not later than the thirtieth day after the date of enactment of this Act, the Secretary shall promulgate such regulations as may be necessary and a p p r o p r i a t e to carry out the purposes of paragraph (1) of this subsection, including, after consultation with the Secretary of the department in which the Coast G u a r d is operating, regulations providing procedures and methods of enforcement. Notwithstanding provisions of section 553 of title 5 of the United States Code, such regulations may be promulgated without general notice of proposed rulemaking, and such regulations may take effect on the date they are published in the Federal Register. Such regulations shall remain in force and effect with respect to persons and vessels subject to the jurisdiction of the United States until the last date on which the recommendations referred to in paragraph (1) can take effect under paragraph (3) of article VIII of the Convention, and if such recommendations do take effect under the Convention with respect to the United States on or before such last date, such regulations shall remain in force and effect, subject to the provisions of the Convention and this Act, for so long as such recommendations are so in effect. VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED LAWS

16 USC 971e.

SEC. 7. (a) I t shall be unlawful— (1) for any person in charge of a fishing vessel or any fishing vessel subject to the jurisdiction of the United States to engage in fishing in violation of any regulation adopted pursuant to section 6 of this Act; or (2) for any person subject to the jurisdiction of the United States to ship, transpor^t, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish which he knows, or should have known, were taken or retained contrary to the recommendations of the Commission made pursuant to article VIII of the Convention and adopted as regulations pursuant to section 6 of this Act, without regard to the citizenship of the person or vessel which took the fish. (b) I t ^hall be unlawful for the master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this Act to be made, kept, or furnished by such master or person. (c) I t shall be unlawful for the master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to refuse to permit any person authorized to enforce the provisions of this Act and any regulations adopted pursuant thereto, to board such vessel and inspect its cateh, equipment, books, documents, records, or other articles or question the persons onboard in accordance with the provisions of this Act, or the Convention, as the case may be, or to obstruct such officials in the execution of such duties. (d) I t shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 6(c) or (d) of this Act, from any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the Commission, or any fish in any form not under regulation b u t under investigation by the

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Page:United States Statutes at Large Volume 89.djvu/451

 PUBLIC LAW 94-70—AUG. 5, 1975

89 STAT. 391

Commission, during the {)eriod such fish have been denied entry in accordance with the provisions of section 6(c) or (d) of this Act. In the case of any fish as described in this subsection offered for entry in the United States, the Secretary shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 6(c) or (d) of this Act. (e)(1) Any person who— (A) violates any provision of subsection (a) of this section shall be assessed a civil penalty of not more than $25,000, and for any subsequent violation of such subsection (a) shall be assessed a civil penalty of not more than $50,000; (B) violates any provision of subsection (b) or (c) of this section shall be assessed a civil penalty of not more than $1,000, and for any subsequent violation of such subsection (b) or (c) shall be assessed a civil penalty of n^t more than $5,000; or (C) violates any provision of subsection (d) of this section shall be assessed a civil penalty of not more than $100,000. (2) The Secretary is responsible for the assessment of the civil penalties provided for in paragraph (1). The Secretary may remit or mitigate any civil penalty assessed by him under this subsection for good cause shown. (3) No penalty shall be assessed under this subsection unless the Notice and person accused of committing any violation is given notice and oppor- hearing. tunity for a hearing with respect to such violation. (4) Upon any failure of any person to pay a penalty assessed under Civil action, this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. (f) All fish taken or retained in violation of subsection (a) of this Forfeiture. section, or the monetary value thereof, may be forfeited. (g) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act. ENFORCEMENT

SEC. 8; (a) Any person authorized in accordance with the provisions 16 USC 971f. of this Act to enforce the provisions of this Act and the regulations issued thereunder may— (1) with or without a warrant, board any vessel subject to the jurisdiction of the United States and inspect such vessel and its catch and, if as a result of such inspection, he has reasonable cause to believe that such vessel or any person on board is engaging in operations in violation of this Act or any regulations issued thereunder, he may, with or without a warrant or other process, arrest such person; (2) arrest, with or without a warrant, any person who violates the provisions of this Act or any regulation issued thereunder in his presence or view; (3) execute any warrant or other process issued by an officer or court of competent jurisdiction; and

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Page:United States Statutes at Large Volume 89.djvu/452

 89 STAT. 392

PUBLIC LAW 94-70—AUG. 5, 1975 (4) seize, whenever and wherever lawfully found, all fish taken or retained by a vessel subject to the jurisdiction of the United States in violation of the provisions of this Act or any regulations issued pursuant thereto. Any fish so seized may be disposed of pursuant to an order of a court of competent jurisdiction, or, if perishable, in a manner prescribed by regulation of the Secretary. (b) To the extent authorized under the convention or by agreements between the United States and any contracting party concluded pursuant to section 5(b) of this Act for international enforcement, the duly authorized officials of such party shall have the authority to carry out the enforcement activities specified in section 8(a) of this Act with respect to persons or vessels subject to the jurisdiction of the United States, and the officials of the United States authorized pursuant to this section shall have the authority to carry out the enforcement activities specified in section 8(a) of this Act with respect to persons or vessels subject to the jurisdiction of such party, except that where any agreement provides for arrest or seizure of persons or vessels under United States jurisdiction it shall also provide that the person or vessel arrested or seized shall be promptly handed over to a United States enforcement officer or another authorized United States official. (c) Notwithstanding the provisions of section 2464 of title 28, United States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any fish seized if the process has been levied, on receiving from the claimant of the fish a bond or stipulation for the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the fish seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. In the discretion of the accused, and subject to the direction of the court, the fish may be sold for not less than its reasonable market value at the time of seizure and the proceeds of such sale placed in the registry of the court pending judgment in the case. COOPERATION:

COMMISSION'S ACT

16 USC 971g.

20 UST 2887.

FUNCTIONS OR

STATE

NOT RESTRAINED BT

THIS

LAWS

S E C 9. (a) The United States Commissioners, through the Secretary of State and with the concurrence of the agency, institution, or organization concerned, may arrange for the cooperation of agencies of the United States Government, and of State and private institutions and organizations in carrying out the provisions of article IV of the Convention.

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Page:United States Statutes at Large Volume 89.djvu/453

 PUBLIC LAW 94-70—AUG. 5, 1975

89 STAT. 393

(b) All agencies of the Federal Government are authorized, upon the request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention. . 20 UST 2887. (c) None of the prohibitions deriving from this Acit, or contained in the laws or regulations of any State, shall prevent the Commission from conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation, or shall prevent the Commission from discharging any other duties prescribed by the Convention. (d)(1) Except as provided in paragraph (2) of this subsection, nothing in this Act shall be construed so as to diminish or tx) increase the jurisdiction of any State in the territorial sea of the United States. (2) In the event a State does not request a formal hearing and after notice by the Secretary, the regulations promulgated pursuant to this Act to implement recommendations of the Commission shall apply within the boundaries of any State bordering on any Convention area i f the Secretary determines that any such State— (A) has not, within a reasonable period of time after the promulgation of regulations pursuant to this Act, enacted laws or promulgated regulations which implement any such recommendation of the Commission within the boundaries of such State; or (B) has enacted laws or promulgated regulations which (i) are less restrictive than the regulations promulgated pursuant to this Act, or (ii) are not effectively enforced. If a State requests the opportunity for an agency hearing on the record, the Secretary shall not apply regulations promulgated pursuant to this Act within that State's boundaries unless the hearing record supports a determination under paragraph (A) or (B). Such regulations shall apply until the Secretary determines that the State is effectively enforcing within its boundaries measures which are not less restrictive than Such regulations. (e) To insure that the purposes of subsection (d) are carried out, Laws and the Secretary shall undertake a continuing review of the laws and reg- regulations, ulations of all States to which subsection (d) applies or may apply review. and the extent to which such laws and regulations are enforced. APPROPRIATIONS

SEC. 10. There are authorized to be appropriated out of any moneys 16 USC 971h. in the Treasury not otherwise appropriated, for fiscal year 1976, the period beginning July 1, 1976, and ending September 30, 1976, and fiscal year 1977 such sums as may be necessary for carrying out the purposes and provisions of this Act, including— (1) necessary travel expenses of the United States Commissioners, Alternate United States Commissioners, and authorized advisors in accordance with the Federal Travel Regulations and sections 5701, 6702, 6704 through 5708, and 5731 of title 5, United States Code; and (2) the United States share of the joint expenses of the Commission as provided in article X of the convention.

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Page:United States Statutes at Large Volume 89.djvu/454

 89 STAT. 394

PUBLIC LAW 94-70—AUG. 5, 1975 SEPARABILITY

16 USC 971 note.

SBO. 11. If any provision of this Act or the application of such provision to any circumstance or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby. Approved August 5, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-295 (Coram, on Merchant Marine and Fisheries). SENATE REPORT No. 94-269 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 121 (1975): June 16, considered and passed House. July 11, considered and passed Senate, amended. July 22, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 89.djvu/455

 PUBLIC LAW 94-71—AUG. 5, 1975

89 STAT. 395

Public Law 94-71 94th Congress An Act To amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans and to increase the rates of dependency and indemnity compensation, and for other purposes.

Aug. 5. 1975 [H.R. 7767]

Be it enacted by the Senate and House of Repi'eseivtatives of the United States of America in Congress assembled, That this Act may Veterans be cited as the "Veterans Disability Compensation and Survivor Disability B e n e f i t s Act of 1975 ".

TITLE I—VETERANS DISABILITY COMPENSATION SEC. 101. (a) Section 314 of title 38, United States Code, is amended— (1) by striking out "$32" in subsection (a) and inserting in lieu thereof "$35"; (2) by striking out "$59" in subsection (b) and inserting in lieu thereof "$65"; (3) by striking out "$89" in subsection (c) and inserting in lieu thereof "$98"; (4) by striking out "$122" in subsection (d) and inserting in lieu thereof "$134"; (5) by striking out "$171" in subsection (e) and inserting in lieu thereof "$188"; (6) by striking out "$211" in subsection (f) and inserting in lieu thereof "$236"; (7) by striking out "$250" in subsection (g) and inserting in lieu thereof "$280"; (8) by striking out "$289" in subsection (h) and inserting in lieu thereof "$324"; (9) by striking out "$325" in subsection (i) and inserting in lieu thereof "$364"; (10) by striking out "$584" in subsection (j) and inserting in lieu thereof "$655"; (11) by striking out "$727" and "$1,017" in subsection (k) and inserting in lieu thereof "$814" and "$1,139", respectively; (12) by striking out "$727" in subsection (1) and inserting in lieu thereof "$814"; (13) by striking out "$800" in subsection (m) and inserting in lieu thereof "$896"; (14) by striking out "$909" in subsection (n) and inserting in lieu thereof "$1,018"; (15) by striking out "$1,017" in subsections (o) and (p) and inserting in lieu thereof "$1,139"; (16) by striking out "$437" in subsection (r) and inserting in lieu thereof "$489"; and (17) by striking out "$654" in subsection (s) and inserting in lieu thereof "$732". (b) The Administrator of Veterans' Affairs may adjust administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. ^

Compensation and Survivor

\^f^ ^^^ "^ „ote^^^ ^^^

Rate adjustment, 38 USC 314 note, 38 USC prec. 10138 USC 301.

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Page:United States Statutes at Large Volume 89.djvu/456

 89 STAT. 396

Increased compensation, effective date.

PUBLIC LAW 94-71—AUG. 5, 1975 SEC. 102. Section 315(1) of title 38, United States Code, is amended— (1) by striking out "$36" in subparagraph (A) and inserting in lieu thereof "$40"; (2) by striking out "$61" in subparagraph (B) and inserting in lieu thereof "$67"; (3) by striking out "$77" in subparagraph (C) and inserting in lieu thereof "$85"; (4) by striking out "$95" and "$17" in subparagraph (I)) and inserting in lieu thereof "$105" and "$19", lespocti vely; (5) by striking out "$24" in subparagraph (E) and inserting in lieu thereof "$26"; (6) by striking out "$41" in subparagraph (F) and inserting in lieu thereof "$45"; (7) by striking out "$61" and "$17" in subparagraph (G) and inserting in lieu thereof "$67" and "$19", respectively; (8) by striking out "$29" in subparagraph (H) and inserting in lieu thereof "$32"; and (9) by striking out "$55" in subparagraph (I) and inserting in lieu thereof "$61". SEC. 103. Section 362 of title 38, United States Code, is amended by striking out "$150" and inserting in lieu thereof "$175". SEC. 104. Section 3010 of title 38, United States Code, is amended— (1) by redesignating paragraph (2) of subsection (b) as paragraph (3); and (2) by inserting immediately after paragraph (1) thereof the following new paragraph: "(2) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.". TITLE II—SURVIVORS DEPENDENCEY AND INDEMNITY COMPENSATION

Widows.

SEC. 201. Section 411 of title 38, United States Code, is amended to read as follows: "(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: "Pay

E-1 E-2. E-3 E-4 E-5 E-6 Ei-7 E-8 E-9 \V-1 \V-2 \V-3

grade

Monthly

rat»

P»v

$241 248 255 270 278 284 298 315 ^329 304 316 326

W-4 O-l 0--2 O 3 0-4 O--. o-;> 0-7 0-8 O 9 O-IO

ffrade

Monthly

rate

$344 304 315 337 356 392 441 478 523 562 =^615

" 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by sec. 402 of this title, the widow's rate shall be $354. " »If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by sec. 402 of this title, the widow's rate shall be $660.

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Page:United States Statutes at Large Volume 89.djvu/457

 PUBLIC LAW 94-71—AUG. 5, 1975

89 STAT. 397

"(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $29 for each snch child. "(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $72 if she is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless oi* blind as to need or require the regular aid and attendance of anothei' person.". SEC. 202. Section 413 of title 38, United States Code, is amended to Children, read as follows: "Whenever there is no widow of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates: "(1) One child, $12L "(2) Two children, $175. "(3) Three children. $225. "(4) More than three children, $225, plus $45 for each child in excess of three.". SEC. 203. (a) Subsection (a) of section 414 of title 38, United States Children, Code, is amended by striking out "$64" and inserting in lieu thereof supplemental compensation. "$72". (b) Subsection (b) of section 414 of such title is amended by striking out "$108" and inserting in lieu thereof "$121". (c) Subsection (c) of section 414 of such title is amended by striking out "$55" and inserting in lieu thereof "$62". SEC. 204. (a) The Administrator of Veterans' Affairs shall make a Study. detailed study of claims for dependency and indemnity compensation 38 USC 411 note. relating to veterans, as defined in section 101(2), title 38, United States Code, who at time of death during the six-month period September 1. 1975, to March 1, 1976, were receiving disability compensation from the Veterans' Administration based upon a rating total and permanent in nature. (b) The report of such study shall include (1) the number of the Report, described cases; (2) die number of cases in which the specified benefit was denied; (3) an analysis of the reasons for each such denial; (4) an analysis of any difficulty which may have been encountered by the claimant in attempting to establish that the death of the veteran concerned was connected with his or her military, naval, or air service in the Armed Forces of the United States; (5) data regarding the current financial status of the widow, widower, children, and parents in each case of denial; and (6) an analysis of whether there has been a significant increase in the use of discretionary authority consistent with revised Veterans' Administration program guide instructions issued March 27, 1975 concerning rating practices and procedures.

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Page:United States Statutes at Large Volume 89.djvu/458

 89 STAT. 398

PUBLIC LAW 94-71—AUG. 5, 1975

Report, submittal (c) The report together with such comments and recommendations to Speaker of the as the Administrator deems appropriate shall be submitted to the House and Speaker of the House and the President of the Senate not later thaja Senatt''* October 1, 1976. TITLE III — EFFECTIVE DATE 38 USC 314 note.

gjj^j^ Qi -pi^e provisions of this Act shall become effective August 1, 1975 Approved August 5, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-287 (Comm. on Veterans' Affairs). SENATE REPORT No. 94-214 accompanying S. 1597 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 121 (1975): June 16, considered and passed House. June 23, considered and passed Senate, amended, in lieu of S. 1597. July 22, House concurrecTin Senate amendment with an amendment. July 24, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 32: Aug. 6, Presidential statement.

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Page:United States Statutes at Large Volume 89.djvu/459

 PUBLIC LAW 94-72—AUG. 5, 1975

89 STAT. 399

Public Law 94-72 94th Congress Joint Resolution To amend the Defense Production Act of 1950, as amended, to extend the National Commission on Supplies and Shortages.

Resolved by the 8enate and House of Representatives of the United States of America in Congress assembled, That subsections (d)(2), (h), (i)(2), and (1) of section 720 of the Defense Production Act of 1950, as amended, are amended to read as follows: " (2) Strike semicolon following 'compensation' and add:', and may appoint additional nonvoting ex officio members from agencies having jurisdiction over areas being considered by the Commission;' "(h) In the first sentence strike out 'June 30, 1975' and insert 'March 31, 1976'. In the second sentence strike out 'December 31, 1975' and insert 'October 1, 1976'. "(2) In the second sentence strike out 'to remain available until December 31, 1975' and insert 'to remain available until October 1, 1976'. "(1) Strike out 'to remain available until December 31, 1975' arid insert 'to remain available until October 1, 1976'." Approved August 5, 1975.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 121 (1975): July 21, considered and passed House. July 22, considered and passed Senate.

Aug. o, v^ [H.J. Res. 560]

National Commission on Supplies and Shortages, c^**T^cp°" 2160 *^^

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Page:United States Statutes at Large Volume 89.djvu/460

 89 STAT. 400

PUBLIC LAW 94-73—AUG. 6, 1975

Public Law 94-73 94th Congress An Act Aug. 6, 1975 [H.R. 6219]

Voting Rights Act of 1965, amendments. 42 USC 1973b. 42 USC 1973aa.

To amend the Voting Rights Act of 1965 to extend certain provisions for an additional seven years, to make permanent the ban against certain prerequisites to voting, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

TTTT F T SEC. 101. Section 4(a) of the Voting E i g h t s Act of 1965 is amended by striking out "ten" each time it appears and inserting in lieu thereof "seventeen". SEC. 102. Section 201(a) of the Voting E i g h t s Act of 1965 is amended by— (1) 'striking out " P r i o r to August 6, 1975, n o " and inserting " N o " in lieu thereof; and (2) striking out "as to which the provisions of section 4(a) of this Act are not in effect by reason of determinations made under section 4(b) of this Act." and inserting in lieu thereof a period. TITLE II

Tests or devices, suspension. 42 USC 1973b

SEC. 201. Section 4(a) of the Voting E i g h t s Act of 1965 is amended W, (1) inserting immediately after "determinations have been made under " the following: "the first two sentences of"; (2) adding at the end of the first paragraph thereof the following new sentence: "No citizen shall be denied the r i g h t to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under the t h i r d sentence of subsection (b) of this section or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the ten years preceding the filing of the action for the purpose or with the effect of denying or abridging the r i g h t to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2): Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period o:^ ten years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered p r i o r to or after the enactment of this paragraph, determining that denials or abridgments of the r i g h t to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2) through the use of tests or devices have occurred anywhere in the territory of such plaintiff.";

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text: Popular Science Monthly/Volume 31/July 1887/The North American Lakes


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Page:United States Statutes at Large Volume 89.djvu/461

 PUBLIC LAW 94-73—AUG. 6, 1975

89 STAT. 401

(3) striking out "the action" in the third paragraph thereof, and by inserting in lieu thereof "an action under the first sentence of this subsection"; and (4) inserting immediately after the third paragraph thereof the following new paragraph: "If the Attorney General determines that he has no reason to believe that any such test or device has been used during the ten years preceding the filing of an action under the second sentence of this subsection for the purpose or with the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), he shall consent to the entry of such judgment.". SEC. 202. Section 4(b) of the Voting Rights Act of 1965 is amended 42 USC 1973b. by adding at the end of the first paragraph thereof the following: "On and after August 6, 1975, in addition to any State or political subdivision of a State determined to be subject to subsection (a) pursuant to the previous two sentences, the provisions of subsection (a) shall apply in any State or any political subdivision of a State which (i) the Attorney General determines maintained on November 1, 1972, any test or device, and with respect to which (ii) the Director of the Census determines that less than 50 per centum of the citizens of voting age were registered on November 1, 1972, or that less than 50 per centum of such persons voted in the Presidential election of November 1972.". SEC. 203. Section 4 of the Voting Rights Act of 1965 is amended by Language minorities. adding the following new subsection: "(f)(1) The Congress finds that voting discrimination against 42 USC 1973b. citizens of language minorities is pervasive and national in scope. Such minority citizens are from environments in which the dominant language is other than English. In addition they have been denied equal educational opportunities by State and local governments, resulting in severe disabilities and continuing illiteracy in the English language. The Congress further finds that, where State and local officials conduct elections only in English, language minority citizens are excluded from participating in the electoral process. In many areas of the country, this exclusion is aggravated by acts of physical, economic, and political intimidation. The Congress declares that, in order to enforce the guarantees of the fourteenth and fifteenth amendments to the United States Constitution, it is necessary to eliminate such USC prec. title 1. discrimination by prohibiting English-only elections, and by prescribing other remedial devices. "(2) No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote because he is a member of a language minority group. "(3) In addition to the meaning given the term under section 4(c), "Test or device." the term 'test or device' shall also mean any practice or requirement by which any State or political subdivision provided any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, only in the English language, where the Director of the Census determines that more than five per centum of the citizens of voting age residing

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 89 STAT. 402 42 USC 1973b.

42 USC 1973c.

42 USC 1973a, 1973d.

42 USC 1973-1973d, 1973k. "Language minorities," "language minority group.'

42 USC 1973/. Severability.

42 USC 1973 note.

PUBLIC LAW 94-73—AUG. 6, 1975 in such State or political subdivision are members of a single language minority. With respect to section 4(b), the term 'test or device', as defined in this subsection, shall be employed only in making the determinations under the third sentence of that subsection. "(4) Whenever any State or political subdivision subject to the prohibitions of the second sentence of section 4(a^ provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable language minority group as well as in the English language: Provided, That where the language of the applicable minority group is oral or imwritten, the State or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting.". SEC. 204. Section 5 of the Voting Rights Act of 1965 is amended by inserting after "November 1, 1968," the following: "or whenever a State or political subdivision with respect to which the prohibitions set forth in section 4(a) based upon determinations made under the third sentence of section 4(b) are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1972,". SEC. 205. Sections 3 and 6 of the Voting Rights Act of 1965 are each amended by striking out "fifteenth amendment" each time it appears and inserting in lieu thereof "fourteenth or fifteenth amendment". SEC. 206. Sections 2, 3, the second paragraph of section 4(a), and sections 4(d), 5, 6, and 13 of the Voting Rights Act of 1965 are each amended by adding immediately after "on account of race or color" each time it appears the following: ", or in contravention of the guarantees set forth in section 4(f)(2)". SEC. 207. Section 14(c) is amended by adding at the end the following new paragraph: "(3) The term 'language minorities' or 'language minority group' means persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage.". SEC. 208. If any amendments made by this Act or the application of any provision thereof to any person or circumstance is judicially determined to be invalid, the remainder of the Voting Rights Act of 1965, or the application of such provision to other persons or circumstances shall not be affected by such determination. TITLE III

42 USC 1973aa-l.

42 USC 1973aa-la.

SEC. 301. The Voting Rights Act of 1965 is amended by inserting the following new section immediately after section 202: u BILINGUAL ELECTION

REQUIREMENTS

"SEC. 203. (a) The Congress finds that, through the use of various practices and procedures, citizens of language minorities have been effectively excluded from participation in the electoral process. Among other factors, the denial of the right to vote of such minority group citizens is ordinarily directly related to the unequal educational

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 PUBLIC LAW 94-73—AUG. 6, 1975 opportunities afforded them, resulting in high illiteracy and low voting participation. The Congress declares that, in order to enforce the guarantees of the fourteenth and fifteenth amendments to the United States Constitution, it is necessary to eliminate such discrimination by prohibiting these practices, and by prescribing other remedial devices. " (b) P r i o r to August 6, 1985, no State or political subdivision shall provide registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, only in the English language if the Director of the Census determines (i) that more than 5 percent of the citizens of voting age of such State or political subdivision are members of a single language minority and (ii) that the illiteracy rate of such persons as a group is higher than the national illiteracy r a t e: Provided, That the prohibitions of this subsection shall not apply in any political subdivision which has less than five percent voting age citizens of each language minority which comprises over five percent of the statewide population of voting age citizens. For purposes of this subsection, illiteracy means the failure to complete the fifth primary grade. Thy determinations of the Director of the Census under this subsection shall be effective upon publication in the Federal Register and shall not be subject to review in any court. " (c) Whenever any State or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English l a n g u a g e: Provided, That where the language of the applicable minority g r o u p is oral or unwritten or in the case of Alaskan natives, if the predominant language is historically unwritten, the State or political subdivision is only required to furnish oral instructions, assistance, or other information relating to registration and voting. " (d) Any State or political subdivision subject to the prohibition of subsection (b) of this section, which seeks to provide English-only registration or voting materials or information, including ballots, may file an action against the United States in the United States District Court for a declaratory judgment permitting such provision. The court shall g r a n t the requested relief if it determines that the illiteracy rate of the applicable language minority group within the State or political subdivision is equal to or less than the national illiteracy rate. " (e) For purposes of this section, the term 'language minorities' or 'language minority g r o u p ' means persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage." SEC. 302. Sections 203, 204, and 205 of the Voting Rights Act of 1965, are redesignated as 204, 205, and 206, respectively. SEC. 303. Section 203 of the Voting Rights Act of 1965, as redesignated section 204 by section 302 of this Act, is amended by inserting immediately after "in violation of section 202," the following: "or 203,". SEC. 304. Section 204 of the Voting R i g h t s Act of 1965, as redesignated section 205 by section 302 of this Act, is amended by striking out "or 202" and inserting in lieu thereof ", 202, or 203".

89 STAT. 403

u s e prec. title 1.

"Illiteracy." Publication in Federal Register.

minorities," minonty groups. 42 USC 1973aa-2, 1973aa-3, 1973aa-4. 42 USC 1973aa-2. 42 USC 1973aa-3.

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 89 STAT. 404

PUBLIC LAW 94-73—AUG. 6, 1975 TITLE IV

42 USC 1973a.

Attorney's fees. 42 USC 1973Z.

Survey. 42 USC 1973aa. 42 USC 1973aa-5. 42 USC 1973b.

Report to Congress. 13 USC 9, 211.

42 USC 1973i. 42 USC 1973c.

SEC. 401. Section 3 of the Voting R i g h t s Act of 1965 is amended by striking out "Attorney General" the firet three times it appears and inserting in lieu thereof the following "Attorney General or an aggrieved person". SEC. 402. Section 14 of the Voting R i g h t s Act of 1965 is amended by adding at the end thereof the following new subsection: " (e) I n any action or proceeding to enforce the voting guarantees of the fourteenth or fifteenth amendment, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.". SEC. 403. Title II of the Voting Rights Act of 1965 is amended by adding at the end thereof the following new section: " SEC. 207. (a) Congress hereby directs the Director of the Census forthwith to conduct a survey to compile registration and voting statistics: (i) in every State or political subdivision with respect to which the prohibitions of section 4(a) of the Voting Rights Act of 1965 are in effect, for every statewide general election for Members of the United States House of Representatives after January 1, 1974; and (ii) in every State or political subdivision for any election designated by the United States Commission on Civil Rights. Such surveys shall only include a count of citizens of voting age, race or color, and national origin, and a determination of the extent to which such persons are registered to vote and have voted in the elections surveyed. " (b) I n any survey under subsection (a) of this section no person shall be compelled to disclose his race, color, national origin, political party affiliation, or how he voted (or the reasons the r e for), nor shall any penalty be imposed for his failure or refusal to make such disclosures. Every person interrogated orally, by written survey or questionnaire, or by any other means with respect to such information shall be fully advised of his right to fail or refuse to furnish such information. " (c) The Director of the Census shall, at the earliest practicable time, report to the Congress the results of every survey conducted piirsuant to the provisions of subsection (a) of this section. " (d) The provisions of section 9 and chapter 7 of title 13 of the United States Code shall apply to any survey, collection, or compilation of registration and voting statistics carried out under subsection (a) of this section." SEC. 404. Section 11(c) of the Voting Rights Act of 1965 is amended by inserting after "Columbia," the following w o r d s: " G u a m, or the Virgin Islands,". SEC. 405. Section 5 of the Voting Rights Act of 1965 is amended— (1) by striking out "except that neither" and inserting in lieu thereof the following: "or upon good cause shown, to facilitate an expedited approval within sixty days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, n o r "; (2) by placing after the words "failure to object" a comma; and

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 PUBLIC LAW 94-73—AUG. 6, 1975

89 STAT. 405

(3) by inserting immediately before the final sentence thereof the lollowing: "In the event the Attorney General affirmatively indicates that no objection will be made within the sixty-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to his attention during the remainder of the sixty-day period which would otherwise require objection in accordance with this section.". SEC. 406. Section 203 of the Voting Rights Act of 1965, as 42 USC redesignated 204 by section 302 of this Act, is amended by striking out 1973aa-2. "section 2282 of title 28" and inserting "section 2284 of title 28" in lieu thereof. SEC. 407. Title III of the Voting Eights Act of 1965 is amended to read as follows:

"TITLE III—EIGHTEEN-YEAE-OLD VOTING AGE "ENFORCEMENT or TWENTY-SIXTH AMENDMENT

"SEC. 301. (a)(1) The Attorney General is directed to institute, in the name of the United States, such actions against States or political subdivisions, including actions for injunctive relief, as he may determine to be necessary to implement the twenty-sixth article of amendment to the Constitution of the United States. " (2) The district courts of the United States shall have jurisdiction of proceedings instituted under this title, which shall be heard and determined by a court of three judges in accordance with section 2284 of title 28 of the United States Code, and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing and determination thereof, and to cause the case to be in every way expedited. "(b) Whoever shall deny or attempt to deny any person of any right secured by the twenty-sixth article of amendment to the Constitution of the United States shall be fined not more than $5,000 or imprisoned not more than five years, or both.

42 USC 1973bb.

USC prec. title 1. Jurisdiction,

Penalty,

a DEFINITION

"SEC. 302. As used in this title, the term 'State' includes the District of Columbia.". SEC. 408. Section 10 of the Voting Eights Act of 1965 is amended— (1) by striking out subsection (d); (2) in subsection (b), by inserting "and section 2 of the twentyfourth amendment" immediately after "fifteenth amendment"; and (3) by striking out "and" the first time it appears in subsection (b), and inserting in lieu thereof a comma. SEC. 409. Section 11 of the Voting Eights Act of 1965 is amended by adding at the end the following new subsection: "(e)(1) Whoever votes more than once in an election referred to in paragraph (2) shall be fined not more than $10,000 or imprisoned not more than five years, or both.

42 USC 1973bb-l. 42 USC 1973h.

Penalty. 42 USC 1973i.

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 89 STAT. 406

PUBLIC LAW 94-73—AUG. 6, 1975

"Votes more than once."

"(2) The prohibition of this subsection applies with respect to any general, special, or primary election held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico. "(3) As used in this subsection, th6 term 'votes more than once' does not include the casting of an additional ballot if all prior ballots of that voter were invalidated, nor does it include the voting in two jurisdictions under section 202 of this Act, to the extent two ballots are not cast for an election to the same candidacy or office." SEC. 410. Section 3 of the Voting Rights Act of 1965 is amended by inserting immediately before "guarantees" each time it appears the following "voting".

42 USC 1973aa-l. 42 USC 1973a.

Approved August 6, 1975.

LEGISLATIVE HISTORY; HOUSE REPORT No. 94-196 (Coram, on the Judiciary). SENATE REPORT No. 94-295 accompanying S. 1279 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 121 (1975): June 2-4, considered and passed House. July 21-24 considered and passed Senate, amended. July 28, House agreed to Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 32: Aug. 6, Presidential statement.

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 PUBLIC LAW 94-74—AUG. 8, 1975

89 STAT. 407

Public Law 94-74 94th Congress An Act To reserve a site for the use of the Smithsonian Institution.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the portion of the Mall bounded by Third Street, Maryland Avenue, Fourth Street, and Jefferson Drive in the District of Columbia is reserved as a site for the future public uses of the Smithsonian Institution. SEC. 2. The Smithsonian Institution may not make any use of the portion of the Mall described in the first section of this Act unless such use is first approved by the Congress. Approved August 8, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-257 (Coram, on House Administration). SENATE REPORT No. 94-301 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 121 (1975): June 16, considered and passed House. July 25, considered and passed Senate.

Aug. 8. 1975 [H.R. 5327] Smithsonian Institution. Site reservation. Congressional approval.

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 89 STAT. 408

PUBLIC LAW 94-75—AUG. 8, 1975

Public Law 94-75 94th Congress An Act Aug. 8, 1975 [H.R. 7728] Catalysts of platinum and carbon, duty suspension.

To suspend until the close of October 31, 1975, the duty oh catalysts of platinum and carbon used in producing caprolactam. Be it enacted by the Senate and Flouse of Representatives of the United States of America in Congress assembled, That 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 followma: new item: Catalysts of platinum and carbon (provided forin item 656.05, part 3Q, schedule 6) wiien imported for use in producing caprolactam Free

Effective date.

19 USC 1202

note.

19 USC 1202 note.

19 USC 1514.

Free

On or before 10/31/75.

SEC. 2. (a) The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act. (b) Upon request therefor filed with the customs officer concerned on or before the one hundred and twentieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after October 1, 1973, 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 the first section of this Act 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 August 8, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-302 (Comm. on Ways and Means). SENATE REPORT No. 94-274 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 121 (1975): June 24, considered and passed House< July 16, considered and passed Senate, amended. July 25, House concurred in Senate amendment.

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 PUBLIC LAW 94-76—AUG. 8, 1975

89 STAT. 409

Public Law 94-76 94th Congress An Act To suspend the duty on open-top hopper cars exported for repairs or alterations on or before June 30, 1975.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 912.05 the following new item: Open-top hopper cars exported for repairs or alterations (provided for in item 690.15, part 6A, schedule 6)

Aug. 8, 1975 [H.R. 7731] Open-top hopper cars exported for repairs or alterations, duty suspension.

No change On or before 6/30/75

SEC. 2. (a) The amendment made by the first section of this Act Effective date. shall apply with respect to articles entered after September 1, 1974, 19 USC 1202 note. and before July 1, 1975. (b) Upon request therefor filed AA'ith the customs officer concerned 19 USC 1202 on or before the ninetieth day after the date of enactment of this Act, note. any entry to which the amendment made by the first section of this Act applies shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated 19 USC 1514. or reliquidated as though such entry had been made on June 30, 1975. Approved August 8, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-303 (Comm. on Ways and Means). SENATE REPORT No. 94-280 (Comm. on Finance). CONGRESSIONAL RECORD, VoL 121 (1975): June 24, considered and passed House. July 17, considered and passed Senate, amended. July 25, House concurred in Senate amendments.

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 89 STAT. 410

PUBLIC LAW 94-77—AUG. 9, 1975

Public Law 94-77 94th Congress An Act Aug. 9, 1975 [S. 1531]

To designate the Mountain Park Reservoir, Oklahoma, as the Tom Steed Reservoir.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Mountain Tom Steed Reservoir, Okla. Park Reservoir, Oklahoma, authorized to be constructed by the Act Designation. of September 21, 1968 (82 Stat. 853), shall be known and designated 43 USC 616aaaa hereafter as the Tom Steed Reservoir. Any law, regulation, map, docunote. ment, record, or other paper of the United States in which such 43 USC 616aaaa. reservoir is referred shall be held to refer to such reservoir as the Tom Steed Reservoir. Approved August 9, 1975.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-351 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 121 (1975): Aug. 1, considered and passed Senate and House.

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 PUBLIC LAW 94-78—AUG. 9, 1975

89 STAT. 411

Public Law 94-78 94th Congress An Act To increase the authorization for the Council on Wage and Price Stability, and to extend the duration of such Council.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the "Council on Wage and Price Stability Act Amendments of 1975". SEC. 2. (a) The first sentence of section 2(c) of the Council on Wage and Price Stability Act is amended by striking out the period and inserting in lieu thereof the following: "by and with the advice and consent of the Senate.". (b) The amendment made by subsection (a) shall take effect immediately after the individual holding the office of Director of the Council on Wage and Price Stability on the date of enactment of this Act ceases to hold that office. (c) In appointments to the additional positions authorized by the amendment made by subsection (a), the Council shall give preference to economists and other persons with special ability and experience in one or more of the various sectors of the economy. SEC. 3. Section 2 of the Council on Wage and Price Stability Act is amended by adding at the end thereof the following: "(g) The Council shall have the authority, for any purpose related to this Act, to— "(1) require periodic reports for the submission of information maintained in the ordinary course of business; and "(2) issue subpenas signed by the Chairman or the Director for the attendance and testimony of witnesses and the production of relevant books, papers, and other documents, only to entities whose annual gross revenues are in excess of $5,000,000; relating to wages, costs, productivity, prices, sales, profits, imports, and exports by product line or by such other categories as the Council may prescribe. The Council shall have the authority to administer oaths to witnesses. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of refusal to obey a subpena served upon any person under the provisions of this section, the Council may request the Attorney General to seek the aid of the United States district court for any district in which such person is found, to compel that person, after notice, to appear and give testimony, or to appear and produce documents before the Council." SEC. 4. Section 3(a) of the Council on Wage and Price Stability Act is amended by striking out "and" at the end of paragraph (6), by striking out the period at the end of paragraph (7), and inserting in lien thereof "; and", and by adding at the end thereof the following new subsection: "(8) intervene and otherwise participate on its own behalf in rulemaking, ratemaking, licensing and other proceedings before any of the departments and agencies of the United States, in order to present its views as to the inflationary impact that might result from the possible outcomes of such proceedings.".

Aug. 9, 1975 [S. 409]

Council on W age and Price Stability Act Amendments of 1975. 12 USC 1904 note. 12 USC 1904 note.

Additional authority. 12 USC 1904 note. Periodic reports. Subpenas.

Witnesses.

12 USC 1904 note.

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 89 STAT. 412 Confidential financial information disclosure, prohibition. 12 USC 1904 note. 12 USC 1904 note.

Appropriation authorization. 12 USC 1904 note. Termination date, extension. 12 USC 1904 note.

PUBLIC LAW 94-78—AUG. 9, 1975 SEC. 5. Section 4 of the Council on Wages and Price Stability Act is amended by adding at the end thereof the following new subsection: "(f)(1) Product line or other category information relating to an individual firm or person and obtained under section 2(g) shall be considered as confidential financial information under section 552 (b)(4) of title 5 of the United States Code and shall not be disclosed by the Council.". "(2) Periodic reports obtained by the Council under section 2(g) and copies thereof which are retained by the reporting firm or person shall be immune from legal process.". SEC. 6. Section 6 of the Council on Wage and Price Stability Act is amended by striking out "$1,000,000 for the fiscal year ending June 30, 1975" and inserting in lieu thereof "$1,700,000 for each fiscal year ending prior to October 1, 1977". SEC. 7. Section 7 of the Council on Wage and Price Stability Act is amended by striking out "August 15, 1975" and inserting in lieu thereof "September 30, 1977". Approved August 9, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-389 accompanying H.R. 8731 (Comm. on Banking, Currency, and Housing). SENATE REPORT No. 94-84 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 121 (1975): May 5, 6, considered and passed Senate. July 31, considered and passed House, amended, in lieu of H.R. 8731. Aug. 1, Senate Concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 33: Aug. 11, Presidential statement.

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