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for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official; " (3) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agenc}' a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing official's determination under subsection (g)(1)(A) of this section; "(4) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (3) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed; and "(5) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. "(e) AGENCY REQUIREMENTS.—Each agency that maintains a system of records shall— "(1) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President; "(2) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs; "(3) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual— " (A) the authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary; " (B) the principal purpose or purposes for which the information is intended to be used; " (C) the routine uses which may be made of the information, as published pursuant to paragraph (4)(D) of this subsection; and " (D) the effects on him, if any, of not providing all or any part of the requested information; "(4) subject to the provisions of paragraph (11) of this subsection, publish in the Federal Register at least annually a notice of the exiptence and character of the system of records, which notice shall include— " (A) the name and location of the system;

Review.

Notation dispute.

P u b l i c a t i on in Federal Re g i s t e r.

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[88 STAT.

" (B) the categories of individuals on whom records are maintained in the system; " (C) the categories of records maintained in the system; " (D) each routine use of the records contained in the system, including the categories of users and the purpose of such use; " (E) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records; " (F) the title and business address of the agency official who is responsible for the system of records; " (G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him; " (H) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content; and " (I) the categories of sources of records in the system; "(5) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination; "(6) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection (b)(2) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes; "(7) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity; "(8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record; duc"^*"^ °^'^°"' " ( ^) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance; of'^ecotdt""^^''^ "(10) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained; and Publication in " (H) at least 30 days prior to publication of information under Register. paragraph (4)(D) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency. "(f) AGENCY RULES.—In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements (including general 5 USC 553. notice) of section 553 of this title, which shall— " (1) establish procedures whereby an individual can be notified

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in response to his request if any system of records named by the individual contains a record pertaining to him; ''(2) define reasonable times, places, and requirements for identifyiiio- an mdividual who requests his record or information pertaining- to him before the agency shall make the record or nirorniation available to the individual; ''(3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him; "(4) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for Avhatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and "(5) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall annually compile and publish the rules promulgated under this subsection and agency notices published under subsection (e)(4) of this section in a form available to the public at low cost.

1901

P u b l i c a t i o n in Federal Register.

" (g)(1) CIVIL REMEDIES.—Whenever any agency

" (A) makes a determination under subsection (d)(3) of this section not to amend an individual's record in accordance with his request, or fails to make such review in conformity with that subsection; " (B) refuses to comply with an individual request under subsection (d)(1) of this section; " (C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of. or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or " (D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. "(2)(A) In any suit brought under the provisions of subsection (g)(1)(A) of this section, the court may order the agency to amend the individual's record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. " (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. "(3)(A) In any suit brought under the provisions of subsection (g)(1)(B) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of

Jurisdiction.

Amendment of record.

Injunction.

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 1902

Damages.

5 USC 553.

PUBLIC LAW 93-579-DEC. 31, 1974

[88 STAT.

any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection (k) of this section, and the burden is on the agency to sustain its action. " (B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph m which the complainant has substantially prevailed. u^^^ jj^ ^^y g^j^ brought under the provisions of subsection (g)(1)(C) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of— " (A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000; and " (B) the costs of the action together with reasonable attorney fees as determined by the court. "(5) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to the effective date of this section. " (h) RIGHTS OF LEGAL GUARDIANS.—For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. " (i)(l) CRIMINAL PENALTIES.—Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. " (2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. "(3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. " (j) GENERAL EXEMPTIONS.—The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from any part of this section except subsections (b), (c)(1) and (2), (e)(4)(A) through

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_(F), (e)(6), (7), (9), (10), and (11), and (i) if the system of records is— "(1) maintained by the Central Intelligence Agency; or "(2) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of (A) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status; (B) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or (C) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553(c) of this title, ^ use 553. the reasons why the system of records is to be exempted from a provision of this section. " (k) SPEGIFIC EXEMPTIONS.—The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of this section if the system of records is— "(1) subject to the provisions of section 552(b)(1) of this title; ^ ^^^ ^^2. "(2) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2) of this section: Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would he held in confidence; "(3) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18; "(4) required by statute to be maintained and used solely as statistical records; "(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service. Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence; "(6) testing or examination material used solely to determine individual qualifications for appointment or promotion in the

1903

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[88 STAT.

Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process; or "(7) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence. At the time rules are adopted under this subsection, the agency shall 5 USC 553. include in the statement required under section 553(c) of this title, the reasons why the system of records is to be exempted from a provision of this section. " (1)(1) ARCHIVAL RECORDS.—Each agency record which is accepted by the Administrator of General Services for storage, processing, and 44 USC 3103. servicing in accordance with section 3103 of title 44 shall, for the purposes of this section, be considered to be maintained by the agency which deposited the record and shall be subject to the provisions of this section. The Administrator of General Services shall not disclose the record except to the agency which maintains the record, or under rules established by that agency which are not inconsistent with the provisions of this section. "(2) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, prior to the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall Publication in JJQ(]JQ subiect to the provisions of this section, except that a statement Federal Register, generally describing such records (modeled after the requirements relating to records subject to subsections (e)(4)(A) through (G) of this section) shall be published in the Federal Register. "(3) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, on or after the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall be exempt from the requirements of this section except subsections (e)(4) (A) through (G) and (e)(9) of this section. " (m) GOVERNMENT CONTRACTORS.—When an agency provides by a

Notice to Congress and

oMB."° ° "

contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such system. For purposes of subsection (i) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an agency. " (n) MAILING LISTS.—An individual's name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. "(o) REPORT ON NEW SYSTEMS.—Each agency shall provide adequate advance notice to Congress and the Office of ISIanagement and Budget of any proposal to establish or alter any system of records in order to permit an evaluation of the probable or potential effect of such

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proposal on the privacy and other personal or property rights of individuals or the disclosure of information relating to such individuals, and its effect on the preservation of the constitutional principles of federalism and separation of powers. " (p) ANNUAL REPORT.—The President shall submit to the Speaker of the House and the President of the Senate, by June 30 of each calendar year, a consolidated report, separately listing for each Federal agency the number of records contained in any system of records which were exempted from the application of this section under the provisions of subsections (j) and (k) of this section during the preceding calendar year, and the reasons for the exemptions, and such other information as indicates efforts to administer fully this section. (q) EFFECT OF OTHER LAWS.—No agency shall rely on any exemption contained in section 552 of this title to withhold from an individual any record which is otherwise accessible to such individual under the provisions of this section.". SEC. 4. The chapter analysis of chapter 5 of title 5, United States Code, is amended by inserting:

1905

g ^^3^°'^'o°the House^and President of the ^"^*^*

^ use 552.

"552a. Records about individuals." immediately below: "552. Public information; agency rules, opinions, orders, and proceedings.".

SEC. 5. (a)(1) There is established a Privacy Protection Study ^^^^l^^''Ja'°' Commission (hereinafter referred to as the "Commission") which commission. shall be composed of seven members as follows: Establishment. (A) three appointed by the President of the United States, note. (B) two appointed by the President of the Senate, and Membership. (C) two appointed by the Speaker of the House of Representatives. Members of the Commission shall be chosen from among persons who, by reason of their knowledge and expertise in any of the following areas—civil rights and liberties, law, social sciences, computer technology, business, records management, and State and local government—are well qualified for service on the Commission. (2) The members of the Commission shall elect a Chairman from among themselves. (3) Any vacancy in the membership of the Commission, as long as vacancies. there are four members in office, shall not impair the power of the Commission but shall be filled in the same manner in which the original appointment was made. (4) A quorum of the Commission shall consist of a majority of the members, except that the Commission may establish a lower number as a quorum for the purpose of taking testimony. The Commission is authorized to establish such committees and delegate such authority to them as may be necessary to carry out its functions. Each member of the Commission, including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information necessary to the performance of their functions, and shall have one vote. Action of the Commission shall be determined by a majority vote of the members present. The Chairman (or a member designated by the Chairman to be acting Chairman) shall be the official spokesman of the Commission in its relations with the Congress, Government agencies, other persons, and the public, and, on behalf of the Commission, shall see to the faithful execution of the administrative policies and decisions of the Commission, and shall report thereon to the Commission from time to time or as the Commission may direct.

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Author:Philipp Johann Josef Valentini

Works

 * The Mexican Calender Stone in "Proceedings of the American Antiquarian Society" No. 71, p. 91 (April 1878)
 * Mexican Copper Tools in "Proceedings of the American Antiquarian Society" No. 73, p. 81 (April 1879)
 * Katunes of the Maya History in "Proceedings of the American Antiquarian Society" No. 74, p. 71 (October 1879)
 * The Landa Alphabet in "Proceedings of the American Antiquarian Society" No. 75, p. 59 (April 1880)
 * Mexican Paper in "Proceedings of the American Antiquarian Society" No. 76, p. 58 (October 1880)

 * Two Mexican Chal chihuites (1881)
 * The Olmecas and the Tul tecas (1883)
 * A Study of the Voyage of Pinzon to America (1898)

title: Author:Philipp Johann Josef Valentini


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Page:United States Statutes at Large Volume 88 Part 2.djvu/590

 1906 Budget re""^^ ^*

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[88 STAT.

(5^ (^^ Whenever the Commission submits any budget estimate or request to the President or the OiRce of Management and Budget, it shall concurrently transmit a copy of that request to Congress. re^ommind'ations. ( ^) Wheuevcr the Commission submits any legislative recommendations, or testimony, or comments on legislation to the President or Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, or testimony, or comments on legislation, to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. (b) The Commission shall— study. (1) make a study of the data banks, automated data processing programs, and information systems of governmental, regional, and private organizations, in order to determine the standards and procedures in force for the protection of personal information; and (2) recommend to the President and the Congress the extent, if any, to which the requirements and principles of section 552a Ante, p. 1897. gf ^]^\^ 5^ United States Code, should be applied to the information practices of those organizations by legislation, administrative action, or voluntary adoption of such requirements and principles, and report on such other legislative recommendations as it may determine to be necessary to protect the privacy of individuals while meeting the legitimate needs of government and society for information. (c)(1) In the course of conducting the study required under subsection (b)(1) of this section, and in its reports thereon, the Commission may research, examine, and analyze— (A) interstate transfer of information about individuals that is undertaken through manual files or by computer or other electronic or telecommunications means; (B) data banks and information programs and systems the operation of which significantly or substantially affect the enjoyment of the privacy and other personal and property rights of individuals; (C) the use of social security numbers, license plate numbers, universal identifiers, and other symbols to identify individuals in data banks and to gain access to, integrate, or centralize information systems and files; and (D) the matching and analysis of statistical data, such as Federal census data, with other sources of personal data, such as automobile registries and telephone directories, in order to reconstruct individual responses to statistical questionnaires for commercial or other purposes, in a way which results in a violation of the implied or explicitly recognized confidentiality of such information. (2)(A) The Commission may include in its examination personal information activities in the following areas: medical; insurance; education; employment and personnel; credit, banking and financial institutions; credit bureaus; the commercial reporting industry; cable television and other telecommunications media; travel, hotel and entertainment reservations; and electronic check processing. (B) The Commission shall include in its examination a study of— (i) whether a person engaged in interstate commerce who maintains a mailing list should be required to remove an individuaPs name and address from such list upon request of that individual;

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1907

(ii) whether the Internal Revenue Service should be prohibited from transfering individually indentifiable data to other agencies and to agencies of State governments; (iii) whether the Federal Government should be liable for eneral damages incurred by an individual as the result of a willLil or intentional violation of the provisions of sections 552a (g) (1)(C) or (D) of title 5, United States Code; and ^"f«. p- is^?. (iv) whether and ho^^' the standards for security and confidentiality of records required under section 552a (e) (10) of such title" should be applied when a record is disclosed to a person other than an agency. l (C) The Commission may study such other personal information g aR e ziagtiio u ss, orni on exactivities necessary to carry out the congi'essional policy embodied in cepuon this Act, except that the Commission shall not investigate information systems maintained by religious organizations. (3) In conducting such study, the Commission shall— Guidelines for (A) determine what laws. Executive orders, regulations, ^^^'^y* directives, and judicial decisions govern the activities under study and the extent to which they are consistent with the rights of privac}^, due process of law, and other guarantees in the Constitution; (B) determine to Avhat extent governmental and private information systems affect Federal-State relations or the principle of separation of powers; (C) examine the standards and criteria governing programs, policies, and practices relating to the collection, soliciting, processing, use, access, integration, dissemination, and transmission of personal information; and (D) to the maximum extent practicable, collect and utilize findings, reports, studies, hearing transcripts, and recommendations of governmental, legislative and private bodies, institutions, organizations, and individuals which pertain to the problems under study by the Commission. (d) In addition to its other functions the Commission may— (1) request assistance of the heads of appropriate departments, agencies, and instrumentalities of the Federal Government, of State and local governments, and other persons in carrying out its functions under this Act; (2) upon request, assist Federal agencies in complying with the requirements of section 552a of title 5, United States Code; (3) determine what specific categories of information, the collection of which would violate an individual's right of privacy, should be prohibited by statute from collection by Federal agencies; and (4) upon request, prepare model legislation for use by State and local governments in establishing procedures for handling, maintaining, and disseminating personal information at the State and local level and provide such technical assistance to State and local governments as they may require in the preparation and implementation of such legislation. (e)(1) The Commission may, in carrying out its functions under this section, conduct such inspections, sit and act at such times and places, hold such hearings, take such testimony, require by subpena the attendance of such witnesses and the production of such books, records, papers, correspondence, and documents, administer such oaths, have such printing and binding done, and make such expenditures as the Commission deems advisable. A subpena shall be issued only upon an affirmative vote of a majority of all members of the Com-

f

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 1908

Reports, t r a n s mittal to Commission. Ante, p. 1897.

5 USC 5101, 5331. 5 USC 5332 note.

Rules and regulations.

PUBLIC LAW 93-579~DEC. 31, 1974

[88

STAT.

mission. Subpenas shall be issued under the signature of the Chairman or any member of the Commission designated by the Chairman and shall be served by any person designated by the Chairman or any such member. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission. (2)(A) Each department, agency, and instrumentality of the executive branch of the Government is authorized to furnish to the Commission, upon request made by the Chairman, such information, data, reports and such other assistance as the Commission deems necessary to carry out its functions under this section. Whenever the head of any such department, agency, or instrumentality submits a report pursuant to section 552a (o) of title 5, United States Code, a copy of such report shall be transmitted to the Commission. (B) In carrying out its functions and exercising its powers under this section, the Commission may accept from any such department, agency, independent instrumentality, or other person any individually indentifiable data if such data is necessary to carry out such powers and functions. In any case in which the Commission accepts any such information, it shall assure that the information is used only for the purpose for which it is provided, and upon completion of that purpose such information shall be destroyed or returned to such department, agency, independent instrumentality, or person from which it is obtained, as appropriate. (3) The Commission shall have the power to (A) appoint and fix the compensation of an executive director, and such additional staff personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title; and (B) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. The Commission may delegate any of its functions to such personnel of the Commission as the Commission may designate and may authorize such successive redelegations of such functions as it may deem desirable. (4) The Commission is authorized— (A) to adopt, amend, and repeal rules and regulations governing the manner of its operations, organization, and personnel; (B) to enter into contracts or other arrangements or modifications thereof, with any government, any department, agency, or independent instrumentality of the United States, or with any person, firm, association, or corporation, and such contracts or other arrangements, or modifications thereof, may be entered into without legal consideration, without performance or other bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); (C) to make advance, progress, and other payments which the Commission deems necessary under this Act without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); and (D) to take such other action as may be necessary to carry out its functions under this section.

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 88 STAT. ]

PUBLIC LAW 93-579-DEC. 31, 1974

(f)(1) Each [the] member of the Commission who is an officer or employee of the United States shall serve without additional compensation, but shall continue to receive the salary of his regular position when engaged in the performance of the duties vested in the Commission. (2) A member of the Commission other than one to whom paragraph (!) applies shall receive per diem at the maximum daily rate for GS-18 of the General Schedule when engaged in the actual performance of the duties vested in the Commission. (3) All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission, (g) The Commission shall, from time to time, and in an annual report, report to the President and the Congress on its activities in carrying out the provisions of this section. The Commission shall make a final report to the President and to the Congress on its findings pursuant to the study required to be made under subsection (b)(1) of this section not later than two years from the date on which all of the members of the Commission are appointed. The Commission shall cease to exist thirty days after the date on which its final report is submitted to the President and the Congress. (h)(1) Any member, officer, or employee of the Commission, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (2) Any person who knowingly and willfully requests or obtains any record concerning an individual from the Commission under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. SEC. 6. The Office of Management and Budget shall— •»

•

1909 compensation.

P^ '^^"'^ ^^^^^^ ^^^^ note.

Travel expenses.

p^^^^^^^^nl° ^^ congress.

Penalties,

s use 552a note

(1) develop guidelines and regulations for the use of agencies in implementing the provisions of section 552a of title 6, United States Code, as added by section 3 of this Act; and ^"'«» P- i ^97. (2) provide continuing assistance to and oversight of the implementation of the provisions of such section by agencies. SEC. 7. (a)(1) I t shall be unlawful for any Federal, State or local note"sc 552a ^^. government agency to deny to any individual any right, benefit, or "" ° privilege provided by law because of such individual's refusal to disclose his social security account number. (2) the provisions of paragraph (1) of this subsection shall not apply with respect to— (A) any disclosure which is required by Federal statute, or (B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. (b) Any Federal, State, or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.

38-194 O - 76 - 38 Pt. 2

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 1910 Effective date, 5 USC 552a note.

Appropriation. 5 USC 552a note.

PUBLIC LAW 93-580-JAN. 2, 1975

[88

STAT.

SEC. 8. The provisions of this Act shall be effective on and after the date of enactment, except that the amendments made by sections 3 and 4 shall become effective 270 days following the day on which this Act is enacted. SEC. 9. There is authorized to be appropriated to carry out the provisions of section 5 of this Act for fiscal years 1975, 1976, and 1977 the sum of $1,500,000, except that not more than $750,000 may be expended during any such fiscal year. Approved December 31, 1974. Public Law 93-580

January 2, 1975 [S. J. R e s. 133]

JOINT RESOLUTION To provide for the establishment of the American Indian Policy Review Commission. CONOUESSIONAL

25 USC 174 note.

FINDINGS

The Congress, after careful review of the Federal Government's historical and special legal relationship with American Indian people, finds that— (a) the policy implementing this relationship has shifted and changed with changing administrations and passing years, without apparent rational design and without a consistent goal to achieve Indian self-sufficiency; (b) there has been no general comprehensive review of conduct of Indian affairs by the United States nor a coherent investigation of the many problems and issues involved in the conduct of Indian affairs since the 1928 Meriam Report conducted by the Institute for Government Research; and (c) in carrying out its responsibilities under its plenary power over Indian affairs, it is imperative that the Congress now cause such a comprehensive review of Indian affairs to be conducted. DECLARATION OF PURPOSE

American Indian Policy R e view Commission. Establishment. 25 USC 174 note. Membership.

Congress declares that it is timely and essential to conduct a comprehensive review of the historical and legal developments underlying the Indians' unique relationship with the Federal Government in order to determine the nature and scope of necessary revisions in the formulation of policies and programs for the benefit of Indians. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That— (a) In order to carry out the purposes described in the preamble hereof and as further set out herein, there is hereby created the American Indian Policy Review Commission, hereinafter referred to as the "Commission". (b) The Commission shall be composed of eleven members, as follows: (1) three Members of the Senate appointed by the President pro tempore of the Senate, two from the majority party and one from the minority party; (2) three Members of the House of Representatives appointed by the Speaker of the House of Representatives, two from the majority party and one from the minority party; and (3) five Indian members as provided in subsection (c) of this section.

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PUBLIC LAW 93-580-JAN. 2, 1975

1911

(c) At its organization meeting, the members of the Commission appointed pursuant to section (b)(1) and (b)(2) of this section shall elect from among their members a Chairman and a Vice Chairman. Immediately thereafter, such members shall select, by majority vote, five Indian members of the Commission from the Indian community, as follows: (1) three members shall be selected from Indian tribes that are recognized by the Federal Government; (2) one member shall be selected to represent urban Indians; and (3) one member shall be selected who is a member of an Indian group not recognized by the Federal Government. None of the Indian members shall be employees of the Federal Government concurrently with their term of service on the Commission nor shall there be more than one member from any one Indian tribe. (d) Vacancies in the membership of the Commission shall not affect vacancies. the power of the remaining members to execute the functions of the Commission and shall be filled in the same manner as in the case of the original appointment. (e) Six members of the Commission shall constitute a quorum, but a smaller number, as determined by the Commission, may conduct hearings: Provided, That at least one congressional member must be present at any Commission hearing. (f) Members of the Congress who are members of the Commission shall serve without any compensation other than that received for their services as Members of Congress, but they may be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Commission. (g) The Indian members of the Commission shall receive compensation for each day such members are engaged in the actual performance of duties vested in the Commission at a daily rate not to exceed the daily equivalent of the maximum annual compensation that may be paid to employees of the United States Senate generally. Each such member may be reimbursed for travel expenses, including per diem in lieu of subsistence. SEC. 2. I t shall be the duty of the Commission to make a compre- investigation hensive investigation and study of Indian affairs and the scope of ^'2Vus'c^'i74 such duty shall include, but shall not be limited to— note. (1) a study and analysis of the Constitution, treaties, statutes, judicial interpretations, and Executive orders to determine the attributes of the unique relationship between the Federal Government and Indian tribes and the land and other resources they possess; (2) a review of the policies, practices, and structure of the Federal agencies charged with protecting Indian resources and providing services to Indians: Provided, That such review shall include a management study of the Bureau of Indian Affairs ' utilizing experts from the public and private sector; (3) an examination of the statutes and procedures for granting Federal recognition and extending services to Indian communities and individuals; (4) the collection and compilation of data necessary to understand the extent of Indian needs which presently exist or will exist in the near future; (5) an exploration of the feasibility of alternative elective bodies which could fully represent Indians at the national level of Government to provide Indians with maximum participation in policy formation and program development;

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PUBLIC LAW 93-580-JAN. 2, 1975

[88 STAT.

(6) a consideration of alternative methods to strengthen tribal government so that the tribes might fully represent their members and, at the same time, guarantee the fundamental rights of individual Indians; and (7) the recommendation of such modification of existing laws, procedures, regulations, policies, and practices as will, in the judgment of the Commission, best serve to carry out the policy and declaration of purposes as set out above. POWERS or THE COMMISSION 25 USC 174 note

Confidential materiais.

gj,Q^ 3^ u\ •

^ ^

x h e Commission or, on authorization of the Commis.

'

sion, any committee of two or more members is authorized, for the purposes of carrying out the provisions of this resolution, to sit and act at such places and times during the sessions, recesses, and adjourned periods of Congress, to require by subpena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, to administer such oaths and affirmations, to take such testimony, to procure such printing and binding, and to make such expenditures, as it deems advisable. The Commission may make such rules respecting its organization and procedures as it deems necessary, except that no recommendation shall be reported from the Commission unless a majority of the Commission assent. Upon the authorization of the Commission subpenas may be issued over the signature of the Chairman of the Commission or of any member designated by him or the Commission, and may be served by such person or persons as may be designated by such Chairman or member. The Chairman of the Commission or any member thereof may administer oaths or affirmations to witnesses, (b) The provisions of sections 192 through 194, inclusive, of title 2, United States Code, shall apply in the case of any failure of any witness to comply with any subpena when summoned under this section. (c) The Commission is authorized to secure from any department, agency, or instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this resolution and each such department, agency, or instrumentality is authorized and directed to furnish such information to the Commission and to conduct such studies and surveys as may be requested by the Chairman or the Vice Chairman when acting as Chairman. (d) If the Commlsslou requires of any witness or of any Governmeut agency the production of any materials which have theretofore been submitted to a Government agency on a confidential basis, and the confidentiality of those materials is protected by statute, the material so produced shall be held in confidence by the Commission. INVESTIGATING TASK FORCES

25 USC 174

gj,^ 4 ^j^^ /^g soon as practicable after the organization of the Commission, the Commission shall, for the purpose of gathering facts and other information necessary to carry out its responsibilities pursuant to section 2 of this resolution, appoint investigating task forces to be composed of three persons, a majority of whom shall be of Indian descent. Such task forces shall be appointed and directed to make preliminary investigations and studies in the various areas of Indian affairs, including, but not limited to— (1) trust responsibility and Federal-Indian relationship, including treaty review; (2) tribal government; (3) Federal administration and structure of Indian affairs;

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 88 STAT. 3

PUBLIC LAW 93-580-JAN. 2, 1975

1913

(4) Federal, State, and tribal jurisdiction; (5) Indian education; (6) Indian health; (7) reservation development; (8) urban, rural nonreservation, terminated, and nonfederally recognized Indians; and (9) Indian law revision, consolidation, and codification. (b)(i) Such task forces shall have such powers and authorities, in carrying out their responsibilities, as shall be conferred upon them by the Commission, except that they shall have no power to issue subpenas or to administer oaths or affirmations: Provided, That they may call upon the Commission or any committee thereof, in the (Commission's discretion, to assist them in securing any testimony, materials, documents, or other information necessary for their investigation and study. (ii) The Commission shall require each task force to provide written quarterly reports to the Commission on the progress of the task force and, in the discretion of the Commission, an oral presentation of such report. In order to insure the correlation of data in the final report and recommendations of the Commission, the Director of the Commission shall coordinate the independent efforts of the task force groups. (c) The Commission may fix the compensation of the members of such task forces at a rate not to exceed the daily equivalent of the highest rate of annual compensation that may be paid to employees of the United States Senate generally. (d) The Commission shall, pursuant to section 6, insure that the task forces are provided with adequate staff support in addition to that authorized under section 6(a), to carry out the projects assigned to them. (e) Each task force appointed by the Commission shall, within one year from the date of the appointment of its members, submit to the Commission its final report of investigation and study together with recommendations thereon. REPORT o r THE COMMISSION

SEC. 5. (a) Upon the report of the task forces made pursuant to section 4 hereof, the Commission shall review and compile such reports, together with its independent findings, into a final report. Within six months after the reports of the investigating task forces, the Commission shall submit its final report, together with recommendations thereon, to the President of the Senate and the Speaker of the House of Representatives. The Commission shall cease to exist six months after submission of said final report but not later than June 80, 1977. All records and papers of the Commission shall thereupon be delivered to the Administrator of the General Services Administration for deposit in the Archives of the United States. (b) Any recommendation of the Commission involving the enactment of legislation shall be referred by the President of the Senate or the Speaker of the House of Representatives to the appropriate standing committee of the Senate and House of Representatives, respectively, and such committees shall make a report thereon to the respective house within two years of such referral.

^^^\ ^^^ ^^'^ t^f ^^ "p'^s^^f"":*" the senate and ° speaker of the °"^^' Termination.

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 1914

PUBLIC LAW 93-581-JAN. 2, 1975 COMMISSION

25 USC 174

Appropriation. 25 USC 174 note.

[88

STAT.

STAFF

SEC. 6. (a) The Commission may by record vote of a majority of the Commission members, appoint a Director of the Commission, a General Counsel, one professional staff member, and three clerical assistants. The Commission shall prescribe the duties and responsibilities of such staff members and fix their compensation at per annum gross rates not in excess of the per annum rates of comoensation prescribed for employees of standing committees of the Senate. (b) In carrying out any of its functions under this resolution, the Commission is authorized to utilize the services, information, facilities, and personnel of the Executive departments and agencies of the Government, and to procure the temporary or intermittent services of experts or consultants or organizations thereof by contract at rates of compensation not in excess of the daily equivalent of the highest per annum rate of compensation that may be paid to employees of the Senate generally. SEC. 7. There is hereby authorized to be appropriated a sum not to exceed $2,500,000 to carry out the provisions of this resolution. Until such time as funds are appropriated pursuant to this section, salaries and expenses of the Commission shall be paid from the contingent fund of the Senate upon vouchers approved by the Chairman. To the extent that any payments are made from the contingent fund of the Senate prior to the time appropriation is made, such payments shall be chargeable against the maximum amount authorized herein. Approved January 2, 1975. Public Law 93-581

January 2, 1975 [S. J. R e s. 262]

U.S. Capitol Grounds. Temporary and permanent construction, authorization.

JOINT RESOLUTION Authorizing the Architect of the Capitol to permit certain temporary and permanent construction work on the Capitol Grounds in connection with the erection of an addition to a building on privately owned property adjacent to the Capitol Grounds.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) The Architect of the Capitol is hereby authorized to permit (1) the performance within the United States Capitol Grounds of excavation, temporary construction, or other work, that may be necessary for the construction of an addition to the national headquarters building, and other related facilities, of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest commencing at the westerly end of the existing headquarters building and extending westward to a point approximately thirty-five feet from the intersection of New Jersey Avenue and D Street Northwest, in the District of Columbia; and (2) the use of Capitol Grounds property located north of the street curb on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, for purposes of ingress and egress to and from the building site during such construction. No permanent construction shall extend into the United States Capitol Grounds except as otherwise provided in subsection (b) of this section. (b) The Architect of the Capitol is hereby authorized to permit the following improvements of a permanent nature to be made on Capitol Grounds property located north of the street curb at D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest:

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 88 STAT. ]

PUBLIC LAW 93-582-JAN. 2, 1975

1915

(1) the extension of existing sewers and the building of new manholes under the northern sidewalk of D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, to accommodate service laterals from the proposed new building addition, and the installation of necessary laterals; (2) the installation of service laterals from existing water mains under the northern sidewalk of D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, as may be required for the proposed new building addition; (8) the removal and replacement of existing sidewalks located on Capitol Grounds property north of the curbline on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, including the removal and replacement of a driveway into an existing parking lot, to serve building facilities after construction of the proposed new building addition; (4) the planting of additional trees between the street curb and the new sidewalk along D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, of a number and kind prescribed and selected by the Architect of the Capitol; (5) the regrading and resodding of the remaining area between the street curb and the new sidewalk north on the curbline on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest; and (6) the plugging and filling of any portion of abandoned sewer and the repair and/or alteration of any active sewer which extend into the Capitol Grounds on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest and which are encountered or damaged during excavation for, and construction of, the proposed new building addition. SEC. 2. The United States shall not incur any expense or liability j^^j^^^"^^ ^"'^ "" whatsoever, under or by reason of this joint resolution, or be liable under any claim of any nature or kind that may arise from anything that may be connected with or grow out of this joint resolution. SEC. 3. No work shall be performed within the Capitol Grounds pursuant to this joint resolution until the Architect of the Capitol shall have been furnished with such assurances as he may deem necessary that all areas within such grounds, disturbed by reason of such construction, shall, except as otherwise provided in this joint resolution, be restored to their original condition without expense to the United States; and all work within the Capitol Grounds herein authorized shall be performed under conditions satisfactory to the Architect of the Capitol. Approved January 2, 1975. Public Law 93-582 AN ACT

January 2. 1975

To declare that certain land of the United States is held by the United States in t r u s t for the Cheyenne-Arapaho Tribes of Oklahoma.

^^' ^•^^•'

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all right, title, Indians. and interest of the United States in and to the following described Arapaho"Tribes, land, and improvements thereon, are hereby declared to be held by the okia. United States in trust for the Cheyenne-Arapaho Tribes of Oklahoma: Lands in t r u s t. Beginning at the southwest corner of lot 2 in the northwest quarter of section 7, township 19 north, range 14 west of the Indian meridian, Dewey County, State of Oklahoma, thence east 20 rods, thence north

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PUBLIC LAW 93-583-JAN. 2, 1975

[88 STAT.

40 rods, thence west 20 rods to the west line of said lot 2, thence south 40 rods to the place of beginning, containing 5 acres, more or less. SEC. 2. This conveyance is subject to existing rights-of-way for waterlines, electric transmission lines, roads, and railroads. Approved January 2, 1975. Public Law 93-583 January 2, 1975

^^- ^^^^

^ ^

ACT

To amend title 18 of the United States Code to permit the transportation, mailing, and broadcasting of advertising, information, and materials concerning lotteries authorized by law and conducted by a State, and for other purposes.

Be it enacted by the Senate and House of Representatives of the State l o t t e r i e s. United States of America in Congress assembled, That chapter 61 of 18 USC 1301. title 18 of the United States Code (relating to lotteries) is amended by adding at the end thereof the following new section: 18 USC 1307. "§1307. state-conducted lotteries 130^2?303'\*'364 "(^) "^^^ provisions of sectious 1301, 1302, 1303, and 1304 shall not apply to an advertisement, list of prizes, or information concerning a lottery conducted by a State acting under the authority of State law— "(1) contained in a newspaper published in that State, or "(2) broadcast by a radio or television station licensed to a location in that State or an adjacent State which conducts such a lottery. "(b) The provisions of sections 1301, 1302, and 1303 shall not apply to the transportation or mailing to addresses within a State of tickets and other material concerning a lottery conducted by that State acting under authority of State law. "State." a^^^ PQJ. YiQ purposes of this section State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Kico, or any territory or possession of the United States. "Lottery." ^^(d) For the purposes of this section 'lottery' means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers. 'Lottery' does not include the placing or accepting of bets or wagers on sporting events or contests." SEC. 2. The sectional analysis for chapter 61 is amended by adding the following item: "1307. State-conduoted lotteries.".

"State."

SEC. 3. Section 1953(b) of title 18 of the United States Code is amended by changing the period to a comma and adding: "or (4) equipment, tickets, or materials used or designed for use within a State in a lottery conducted by that State acting under authority of State law." SEC. 4. Section 3005 of title 39 of the United States Code is amended by adding at the end thereof the following subsection: "(d) Nothing in this section shall prohibit the mailing of (1) a newspaper of general circulation published in a State containing advertisements, lists of prizes, or information concerning a lottery conducted by that State acting under authority of State law, or (2) tickets or otner materials concerning such a lottery within that State to addresses within that State. For the purposes of this subsection, 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.". Approved January 2, 1975.

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1917

PUBLIC LAW 93-584-JAN. 2, 1975

Public Law 93-584 AN ACT To improve judicial macliinery by amending title 28, United States Code, with respect to judicial review of decisions of the Interstate Commerce Commission and for other purposes. Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That section 1336(a) of title 28, United States Code, is amended to read as follows: " (a) Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Interstate Commerce Commission, and to enjoin or suspend, in whole or in part, any order of the Interstate Commerce Commission for the payment of money or the collection of fines, penalties, and forfeitures." SEC. 2. Section 1398(a) of title 28, United States Code is amended to read as follows: " (a) Except as otherwise provided by law, a civil action brought under section 1336(a) of this title shall be brought only in a judicial district in which any of the parties bringing the action resides or has its principal office. SEC. 3. Section 2341(3)(A) of title 28, United States Code, is amended by inserting following "Federal Maritime Commission," the words "the Interstate Commerce Commission,". SEC. 4. Section 2342 of title 28, United States Code, is amended as follows: (a) In the paragraph designated " (3) ", following the semicolon, strike "and"; (b) In the paragraph designated " (4) ", strike the period and insert in lieu thereof a semicolon followed by the word "and"; (c) Add a new paragraph " (5) " as follows: " (5) all rules, regulations, or final orders of the Interstate Commerce Commission made reviewable by section 2321 of this title." SEC. 5. Section 2321 of title 28, United States Code, is amended to read: "§2321. Judicial review of Commission's orders and decisions; procedure generally; process " (a) Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Interstate Commerce Commission shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title. " (b) The procedure in the district courts in actions to enforce, in whole or in part, any order of the Interstate Commerce Commission other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter. "(c) The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in the cases and proceedings under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43), run, be served and be returnable anywhere in the United States." SEC. 6. The first paragraph of section 2323 of title 28, United States Code, is amended to read as follows: "The Attorney General shall represent the Government in the actions specified in section 2321 of this title and in actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56

January 2, 1«)75 [S. 663]

ICC d e c i s i o n s. J u d i c i a l review.

S upra.

Infra.

28 USC 2321.

28 USC 2341.

Ante,

p. 1'709.

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PUBLIC LAW 93-585-JAN. 2, 1975

A nfe.p. Rep

1709.

^^^^ '•

[88 STAT.

Stat. 801; 49 U.S.C. 23), and section 3 of the Act of Febniarv 19. 1903, as amended (32 Stat. 848; 49 U.S.C. 43)." SEC. 7. Sections 2324 and 2325 of title 28, United States Code, are hereby repealed. SEC. 8. The table of sections of chapter 157 of title 28, United States Code, is amended to read: "Chapter 157.—INTERSTATE COMMERCE COMMISSION ORDERS; ENFORCEMENT AND REVIEW ••Sec. "2321. Judicial review of Commission's orders and decisions; procedure generally; process. "2322. United States a s party. •'2323. Duties of Attorney G e n e r a l; intervenors.".

_Nonappiicabii28 USC 2321 "°*^-

SEC. 9. The proviso in section 205(g) of the Motor Carrier Act, as amended (49 Stat. 550; 49 U.S.C. 305(g)), is amended by slriking "file a bill of complaint with the appropriate District Court of the United States, convened under section 2284 of title 28 of the United States" and inserting in lieu thereof "commence appropriate judicial proceedings in a court of the United States under those provisions of law applicable in the case of proceedings to enjoin or suspend rules, regulations, or orders of the Commission". gj^^, j^Q T\\\^ Act shall uot apply to any action commenced on or before the last day of the first month beginning after the date of enactment. However, actions to enjoin or suspend orders of the Interstate Commerce Commission which are pending when this Act becomes effective shall not be affected thereby, but shall proceed to final disposition under the laAV existing on the date they were commenced. Approved January 2, 1975. Public Law 93-585

o,o.c

AN ACT

January 2, 1975

[s-1418]

Hoover Institu tion on War, Rev-

oiution, and '" Peace, Stanford^

University, Calif Grants.

x'o recognize the fifty years of extraordinary and selfless public service of Herbert Hoover, including his many great human i t a r i a n endeavors, his chairmanship of two Commissions of the Organization of the Executive Branch, and his service as thirty-first President of the United States, and in commemoration of the one h u n d r e d t h anniversary of his birth on August 10, 1974, by providing grants to the Hoover Institution on War, Revolution, and Peace.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) in order to cstablish au appropriate memorial to the late President Herbert Hoover, the Sccrctary of the Treasury (hereinafter referred to as the "Secretary") is authorized to make grants, in accordance with the provisions of this Act, to the Hoover Institution on War, Revolution, and Peace, Stanford University, Stanford, California. (b) No grant may be made under this Act for any fiscal year un^.ess— (1) the Secretary determines that the total of such grants for that year will not exceed the total amount of gifts, bequests, and devises of money, securities, and other property, made after the date of enactment of this Act, for that year for the benefit of the Hoover Institution on War, Revolution, and Peace; and (2) the Hoover Institution on War, Revolution, and Peace furnishes to the Secretary such information at such times and in such manner as he may require.

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PUBLIC LAW 93-585-JAN. 2, 1975

1919

(c) Grants made under this Act may be used for the construction Construction.. of a new educational building to be used by the Hoover Institution on War, Revolution, and Peace, and for the equipment of such building. SEC. 2. (a) The Congress finds that, if a facility constructed with the aid of any grant under this Act is used as an educational facility for twenty years following completion of such construction, the public benefit accruing to the United States from such use will equal in value the amount of such grant or grants. The period of twenty years after completion of such construction shall, therefore, be deemed to be the period of Federal interest in such facility for the purposes of this Act. Grants, (b) If, within twenty years after completion of construction of ery. an educational facility which has been constructed in part with a grant or grants under this Act— (1) the Hoover Institution on War, Revolution, and Peace (or its successor in title or possession) ceases or fails to be a nonprofit institution, or (2) the facility ceases to be used as an educational facility, unless the Secretary determines that there is good cause for releasing the institution from its obligation, the United States shall be entitled to recover from such Institution (or successor) an amount which bears to the then value of the facility the same ratio as the amount of such Federal grant or grants bore to the development cost of the facility (as determined by the Secretary) financed with the aid of such grant or grants. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated. (c) Notwithstanding the provisions of subsections (a) and (b), no u sReligious a g e, prohibifacility constructed with assistance under this Act shall ever be used uon^ for religious worship or a sectarian activity or for a school or department of divinity. SEC. 3. The Comptroller General of the United States, or any of his c eRseicboirl dtsy,. acs i duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the Hoover Institution on War, Revolution, and Peace that are pertinent to the grant received. SEC. 4. The Hoover Institution on War, Revolution, and Peace shall, Report to P r e s ident and Conannually, prepare and furnish to the President and the Congress a g r e s s. report on the expenditure of funds received by the Institution in the previous fiscal year during the period for which grants are made under this Act. SEC. 5. There are authorized to be appropriated to the Secretary Appropriation. for making grants in accordance with this Act amounts not to exceed $7,000,000. Funds appropriated pursuant to this Act shall be available without fiscal year limitation, for the period beginning on the date of enactment of this Act and ending five years after such date. SEC. 6. Grants made pursuant to this Act shall be the sole Federal memorial to the late President Herbert Hoover. Approved January 2, 1975.

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PUBLIC LAW 93-586-JAN. 2, 1975

[88

STAT.

Public Law 93-586 January 2, 1975 [S. 2149]

Coast Guard Reserve. Benefits.

14 USC 751a.

AN ACT To amend title 10, United States Code, to provide certain benefits to members of the Coast Guard Reserve, 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 684 of title 10, United States Code, is amended by striking out "or Marine Corps" and inserting in place thereof "Marine Corps, or Coast Guard" in subsections (a) and (b). SEC. 2. Section 1005 of title 10, United States Code, is amended by striking out the period at the end of the first sentence and adding "or chapter 21 of title 14.". SEC. 3. Section 1006 of title 10, United States Code, is amended— (1) by adding "or chapter 21 of title 14," after "or 863 of this title" in subsections (a) and (b); (2) by striking out "of the Army or the Air Force" in subsection (c); and (3) by adding "or title 14" at the end of the first sentence in subsection (e). Approved January 2, 1975. Public Law 93-587

January 2, 1975 [8.2807]

Frank M Scarlett Federal Building. Designation.

AN ACT To name the Federal building, United States post office, United States courthouse, in Brunswick, Georgia, as the "Frank M. Scarlett Federal Building". Be it enacted by the Senate and House of Representatives of the United States of America on Congress assembled, That the Federal building, United States post office, United States courthouse, at 801 Gloucester Street, Brunswick, Georgia, shall hereafter be known and designated as the "Frank M. Scarlett Federal Buiding". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Frank M. Scarlett Federal Building". Approved January 2, 1975. Public Law 93-588

January 2, 1975 [S.2888]

Indians. Inter-Tribal Council, I n c., Okla. Lands in trust.

AN ACT To convey certain land of the United States to the Inter-Tribal Council, Incorporated, Miami, Oklahoma. Be it enacted by the Setiate and House of Representatives of the United States of America in Congress assembled, That (a) all right, title, and interest of the United States in and to the land more particularly described in subsection (b) of this section are hereby declared to be held in trust by the United States for the Indian tribes described in and subject to section 2 of this Act. (b) The land referred to in subsection (a) is more particularly described as follows: south half of the northwest quarter and that part of the north half of the southwest quarter of section 21, township 27 north, range 24 east, lying north of the centerline of Highway Numbered 60,1.B.M., containing one hundred and fourteen acres, more or less, in Ottawa County, Oklahoma.

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PUBLIC LAW 93-589-JAN. 2, 1975

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SEC. 2. The land referred to in section 1 shall be held in trust by the United States jointly for the Seneca-Cayuga Tribe of Oklahoma, Quapaw Tribe of Oklahoma, Eastern Shawnee Tribe of Oklahoma, Miami Tribe of Oklahoma, Peoria Tribe of Indians of Oklahoma, Ottawa Tribe of Oklahoma, Wyandotte Tribe of Oklahoma, and Modoc Tribe of Oklahoma: Provided, That the following tribes shall have no right or interest in such land (a) so long as they are subject to the provisions of law cited below and (b) if they are still subject to such provisions five years after enactment of this Act: (1) Peoria Tribe of Indians—sections 3 and 4 of the Act of August 2, 1956 (70 Stat. 937; 25 U.S.C. 823 and 824); (2) Ottawa Tribe of Oklahoma—sections 8 and 9 of the Act of August 3, 1956 (70 Stat. 963, 964; 25 U.S.C. 848 and 849); and (3) Wyandotte Tribe of Oklahoma—sections 13 and 14 of the Act of August 1, 1956 (70 Stat. 893, 896, 25 U.S.C. 803 and 804): Provided further, That the Modoc Tribe of Oklahoma shall have no right or interest in such lands (a) so long as the Modoc Indians in Oklahoma are subject to sections 18 and 19 of the Act of August 13, 1954 (68 Stat. 718, 722, 25 U.S.C. 564q and 564r), (b) until a Modoc Tribe of Oklahoma is organized and federally recognized, and (c) if five years after enactment of this Act, such Indians are still subject to such section and such tribe has not been so organized and recognized. Approved January 2, 1975, Public Law 93-589 AN ACT

To amend the Act of August 10, 1939 (53 Stat. 1347), and for other purposes.

January 2, 1975

l^s.assQ]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of Kaniksu Nathe Act of August 10, 1939 (53 Stat. 1350) is hereby amended to read '^IZ] ^°'^'*' as follows: le use 486a"SEC. 2. Any of the non-Federal lands described in the first section '^^^'" "°*^of this Act may be accepted in exchange under the provisions of the Act entitled 'An Act to consolidate national forest lands,' approved March 20, 1922, as amended (42 Stat. 465; 43 Stat. 1090). All of such i^ use 48s, 486. lands so accepted in exchange shall thereupon be added to and made a part of the national forest in which they are located and shall thereafter be administered under the laws and regulations relating to the national forests. Lands received in exchange or purchased under the provisions of this Act shall be open to mineral locations, mineral development, and patent, in accordance with the mining laws of the United States.". SEC. 2. All exchanges made prior to the date of this Act involving any non-Federal lands within the area described in section 1 of the Act of August 10, 1939 (53 Stat. 1347) are hereby approved and confirmed. Approved January 2, 1975.

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PUBLIC LAW 93-590-JAN. 2, 1975

[88 STAT.

Public Law 93-590 T

-,,«,=

January 2,

AN ACT

1975

[S.3358] Indians Absentee

sh^wne'e'Tribe, '^^^^-

To authorize the conveyance of certain lands to the United States in trust for the Absentee Shawnee Tribe of Indians of Oklahoma. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the duly authorized tribal officials of the Absentee Shawnee Tribe of Indians of Oklahoma are hereby authorized to convey to the United States in trust for the Absentee Shawnee Tribe of Indians of Oklahoma the following described land and the improvements thereon, subject to all valid existing rights, and the United States will accept such conveyance when approved by the Secretary of the Interior: All that part of the northeast quarter southwest quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described as: Beginning at a point 1,320 feet south and 726 feet west of the northeast corner of said northeast quarter southwest quarter; thence north 220.44 feet; thence west 594 feet to the point of intersection with the west line of said northeast quarter southwest quarter; thence north along the west line a distance of 439.56 feet to the midpoint of the west line of said northeast quarter southwest quarter; thence east a distance of 17 feet to the intersection of the west right-of-way line of Oklahoma State Highway Numbered 18; thence northeasterly along said west right-of-way line a distance of 493 feet; thence east 1,485 feet to the west right-of-way line of the Atchison, Topeka, and Santa Fe Railroad right-of-w;ay; thence southwesterly along said west right-of-way line a distance of 1,223 feet to a point in the south line of said northeast quarter southwest quarter, said point being 129 feet west of the southeast corner of said northeast quarter southwest quarter; thence west along the south line of said northeast quarter southwest quarter a distance of 597 feet to the point of beginning; containing 33.23 acres, more or less. Approved January 2, 1975, Public Law 93-591

January 2,

1975

[s. 3359]

AN ACT

To authorize the conveyance of certain lands to the United States in trust for the Citizen Band of Pottawatomie Indians.

Be it enacted by the Senate and House of Representatives of the f^p^^awato^ie United States of America in Congress assembled, That the duly Indians.""okir! elcctcd officials of the Citizen Band of Pottawatomie Indians of OklaLands in trust, homa are hereby authorized to convey to the United States in trust for the Citizen Band of Pottawatomie Indians of Oklahoma the following described lands and the improvements thereon, subject to all valid existing rights, and the United States will accept such conveyance when approved by the Secretary of the Interior: TRACT NUMBERED 1

The northeast quarter northeast quarter, southeast quarter northeast quarter, southwest quarter northeast quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, containing 120.00 acres, more or less.

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TRACT NUMBERED 2

That part of the northwest quarter southeast quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described as: Beginning at the southwest corner of said northwest quarter southeast quarter; thence east 1,320 feet; thence north 1,320 feet; thence west 1,320 feet to the center of said section; thence south 167 feet; thence east 183 feet to the intersection with the west line of the Atchison, Topeka, and Santa Fe Railroad right-of-way; thence southwesterly along the west right-of-way line a distance of 856 feet to the intersection with a point in the west line of the northwest quarter southeast quarter, said point being 983 feet south of the center of section 3 1; thence south along the west line of the northwest quarter southeast quarter, a distance of 337 feet, to the point of beginning, containing 38.29 acres, more or less. TRACT NUMBERED 3

That part of the southeast quarter northwest quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described as: Beginning at the northeast corner of said southeast q^uarter northwest quarter; thence south 1,320 feet to the center of said section 31; thence west along the south line of said southeast quarter northwest quarter, a distance of 1,255.4 feet to the intersection with the centerline of Oklahoma State Highway Numbered 18; thence northwesterly along the centerline of the highway a distance of 660.58 feet to a point on the south line of the northwest quarter southeast quarter northwest quarter; thence east 38 feet to the intersection with the east right-of-way line of Oklahoma State Highway Numbered 18; thence northwesterly along the east right-ofway line to a point in the north line of said southeast quarter northwest quarter, said point being 58 feet east of the northwest corner of said southeast quarter northwest quarter; thence east a distance of 1,262 feet to the point of beginning; containing 38.63 acres, more or less. TRACT NUMBERED 4

That part of the northeast quarter southwest quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described a s: Beginning at the northeast corner of said northeast quarter southwest quarter, said point being the center of section 31; thence south 167 feet; thence west 1,302 feet to the intersection with the west line of the right-of-way of Oklahoma State Highway Numbered 18; thence northeasterly along the west right-ofway line a distance of 167 feet to the north line of said northeast quarter southwest quarter; thence east along said north line a distance 1,297.4 feet to the point of beginning; containing 4.678 acres, more or less. TRACT NUMBERED 5

That part of the northeast quarter southwest quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described a s: Beginning at the southeast corner of said northeast quarter southwest quarter; thence north along the east line of said northeast quarter southwest quarter a distance of 337 feet to the intersection with the west right-of-way line of the Atchison, Topeka, and Santa Fe Railroad right-of-way; thence southwesterly along said west right-of-way line a distance of 367 feet to the intersection with the south line of said northeast quarter southwest quarter;

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PUBLIC LAW 93-592-JAN. 2, 1975

[88 STAT.

thence east along the south line a distance of 129 feet to the point of beginning; containing.498 acre, more or less. TRACT NUMBERED 6

The reserved mineral deposits, including the right to prospect foiand remove the same, in and under lands described as the south half of lot 2 (southwest quarter northwest quarter), and that part of the southwest quarter southeast quarter northwest quarter lying west of the centerline of Oklahoma State Highway Numbered 18 and adjacent to the south half of said lot 2, all in section 31; township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, containing 19.87 acres, more or less, which lands were previously conveyed to Pottawatomie County, Oklahoma, by quitclaim deed dated December 17, 1959, pursuant to the Act ot June 4, 1953 (67 Stat. 7 1; 25 U.S.C. 293a), said deed appearing of record in Pottawatomie County, Oklahoma, in deed book 174 at page 367 of the land records of said county. TRACT NUMBERED 7

That part of lot 1 (northwest quarter of northwest quarter) and north half of lot 2 (north half of southwest quarter of northwest quarter) and the part of the north half of the southeast quarter of the northwest quarter lying west of the east right-of-way line of Oklahoma State Highway Numbered 18, all in section 31, township 10 north, range 4 east of the Indian meridian, Pottawatomie County, Oklahoma*,, containing 57.99 acres, more or less, subject to the right of the Absentee Shawnee Tribe of Indians of Oklahoma, the Sac and Fox Tribe of Indians of Uklalioma. the Kickapoo Tribe of Indians of Oklalionia, and the Iowa Tribe of Indians of Oklahoma to use the Pottawatomie community house that may be constructed and maintained thereon. Approved January 2, 1975. Public Law 93-592 January 2, 1975

[s. 4073]

AN

ACT

To extend certain authorizations under the Federal Water Pollution Control Act, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Federal Water United States of America in Congress assembled, Act.^amrndmen^s. SECTION 1. Section 104(u) of the Federal Water Pollution Control 33 USC 1254. Act, as amended (86 Stat. 825), is amended by— (a) striking in paragraph (1) "and the fiscal year ending June 30, 1974," and inserting in lieu thereof "the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975,"; (b) striking in paragraph (2) "fiscal years 1973 and 1974" and inserting in lieu thereof "fiscal years 1973, 1974. and 1975"; (c) striking in paragraph (3) "fiscal year 1973" and inserting in lieu thereof "fiscal years 1973, 1974, and 1975"; (d) striking in paragraph (4) "and June 30, 1974," and inserting in lieu thereof "June 30, 1974, and June 30, 1975,"; (e) striking in paragraph (5) "and June 30, 1974," and inserting in lieu thereof "June 30, 1974, and June 30, 1975,"; and (f) striking in paragraph (6) "and June 30, 1974," and inserting in lieu thereof "June 30, 1974, and June 30, 1975,".

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SEC. 2. Section 105(h) of the Federal Water Pollution Control Act, as amended (86 Stat. 826), is amended by striking "and the fiscal 33 USC 1255. year ending June 30, 1974," and inserting in lieu thereof "the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975,". SEC. 3. Section 106(a)(2) of the Federal Water Pollution Control Act, as amended (86 Stat. 827), is amended by striking "June 30, 33 USC 1256. 1974;" and inserting in lieu thereof "June 30, 1974, and the fiscal year ending June 30, 1975;". SEC. 4. Section 112(c) of the Federal Water Pollution Control Act, as amended (86 Stat. 832), is amended by striking "and June 30, 1974," ^3 USC 1262. and inserting in lieu thereof "June 30, 1974, and June 30, 1975,". SEC. 5. Section 315(h) of the Federal Water Pollution Control Act is amended by striking out "$15,000,000" and inserting in lieu 33 USC 1325. thereof "$17,000,000". Approved January 2, 1975. Public Law 93-593 AN ACT

January 2, 1975

To direct the Administrator of General Services to release certain conditions with respect to certain real property conveyed to the State of Arkansas by the United States, and for other purposes.

[H. R- 1820]

Be it enacted by the Sermte and House of Representatives of the United States of America in Congress assembled, That (a) notwith- state of Arkanstanding any provision of the Act of May 19, 1948 (62 Stat. 240, 16 ^^certain reai U.S.C. 667b), or of any other law, the Administrator of General Serv- property, release ices (hereafter referred to in this Act as the "Administrator") is °^ ""ditions. authorized and directed to release, subject to section 2 of this Act, on behalf of the United States with respect to certain portions of the real property which is located in the county of Faulkner, State of Arkansas, and which was conveyed by the United States to the State of Arkansas by deed dated June 29, 1949, the conditions in that deed which require that the real property so conveyed— (1) be continuously used only for the conservation of wildlife, other than migratory birds; and (2) revert to the United States at any time it ceases to be so used, or in the event it is needed for national defense purposes. (b) As used in this Act, the term "certain portions" means those tion^"'^'" ''°'^' portions of the real property conveyed by the United States to the State of Arkansas by such deed dated June 29, 1949, which in part abut the east boundary of such real property and which lie generally east of Saltillo Road. SEC. 2. (a) The release of the conditions described in subsection (a) of the first section of this Act with respect to the certain portions is contingent upon the entering into of an agreement between the Administrator and the State of Arkansas under which the State of Arkansas, in consideration for the release of such conditions to the certain portions, agrees— (1) to exchange such certain portions for one or more parcels of real property which are of approximately comparable value and which at least in part abut any of the boundaries of the real property conveyed by the United States to the State of Arkansas by such deed dated June 29, 1949; and (2) that the real property so acquired by exchange shall be continuously used only for the conservation of wildlife, other than migratory birds, and in the event it is no longer used for such purpose or in the event it is needed for national defense purposes, title thereto shall vest in the United States. 38-194 O - 76 - 39 Pt. 2

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PUBLIC LAW 93-594-JAN. 2, 1975

[88 STAT.

(b) The release of the conditions described in subsection (a) of the first section of this Act shall not take effect with respect to any of the certain portions until such time as an exchange of real property for that certain portion is executed in accordance with the terms of agreement described in subsection (a) of this section. Approved January 2, 1975. Public Law 93-594 January 2, 1975 [H. R. 526.4]

40 USC 472.

AN ACT

To amend section 3(f) of the Federal Property and Administrative Services Xct of 1949, w i t h respect to American Samoa, Guam, and the T r u s t Territory of the Pacific Islands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3(f) of the Federal Property Administrative Services Act of 1949 is amended by inserting after the words "Puerto Rico," the words "American Samoa, Guam, the Trust Territory of the Pacific Islands,". Approved January 2, 1975. Public Law 93-595

January 2, 1975 [H. R. 5463] Federal R u l e s of E v i d e n c e. 28 USC a p p. Effective date.

AN ACT To establish rules of evidence for certain courts and proceedings. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following rules shall take effect on the one hundred and eightieth day beginning after the date of the enactment of this Act. These rules apply to actions, cases, and proceedings brought after the rules take effect. These rules also apply to further procedure in actions, cases, and proceedings then pending, except to the extent that application of the rules would not be feasible, or would work injustice, in which event former evidentiary principles apply. TABLE O F CONTENTS ARTICLE I. GENERAL PROVISIONS

Rule 101. Scope. Rule 102. Purpose and construction. Rule 103. Rulings on evidence: (a) Effect of erroneous r u l i n g: (1) Objection. (2) OfEer of proof. (b) Record of offer and ruling. (c) H e a r i n g of jury. (d) Plain error. Rule 104. Preliminary questions: (a) Questions of admissibility generally. (b) Relevancy conditioned on fact. (c) H e a r i n g of j u r y. (d) Testimony by accused. (e) Weight and credibility. Rule 105. Limited admissibility. Rule 106. Remainder of or related writings on recorded statements.

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PUBLIC LAW 93-595-JAN. 2, 1975 ARTICLE II. JUDICIAL NOTICE

Rule 201. Judicial notice of adjudicative f a c t s: (a) Scope of rule. (b) Kinds of facts. (c) When discretionary. (d) When mandatory. (e) Opportunity to be heard. (f) Time of taking notice. (g) Instructing jury. ARTICLE III.

PRESUMPTIONS I N CIVIL ACTIONS AND PROCEEDINGS

Rule 301. Presumptions in general civil actions and proceedings. Rule 302. Applicability of State law in civil actions and proceedings. ARTICLE IV. RELEVANCY AND I T S L I M I T S

Rule 401. Definition of "relevant evidence". Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible. Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. Rule 404, Character evidence not admissible to prove conduct; exceptions; other crimes: (a) Character evidence generally: (1) Character of accused. (2) Character of victim. (3) Character of witness. (b) Other crimes, wrongs, or acts. Rule 405. Methods of proving c h a r a c t e r: (a) Reputation. (b) Specific instances of conduct. Rule 406. H a b i t; routine practice. Rule 407. Subsequent remedial measures. Rule 408. Compromise and offers to compromise. Rule 409. Payment of medical and similar expenses. Rule 410. Offer to plead g u i l t y; nolo contendere; w i t h d r a w n plea of guilty. Rule 411. Liability insurance. ARTICLE V.

PRIVILEGES

Rule 501. General Rule. ARTICLE

Rule Rule Rule Rule Rule Rule

YI.

WITNESSES

601. General rule of competency. 602. Jjack of personal knowledge. 603. Oath or affirmation. 604. Interpreters. 605. Competency of judge a s witness. 606. Competency of j u r o r a s witness: (a) At the trial. (b) Inquiry into validity of verdict or indictment. Rule 607. Who may impeach. Rule 608. Evidence of character and conduct of w i t n e s s: (a) Reputation evidence of character. (b) Specific instances of conduct. Rule 609. Impeachment by evidence of conviction of c r i m e: (a) General rule. (b) Time limit. (c) Effect of pardon, annulment, or certificate of rehabilitation. (d) Juvenile adjudications. (e) Pendency of appeal. Rule 610. Religious beliefs or opinions. Rule 611. Mode and order of interrogation and presentation: (a) Control by court. (b) Scope of cross-examination. (c) Leading questions. Rule 612. Writing used to refresh memory. Rule 613. P r i o r statements of witnesses: (a) Examining witness concerning prior statement. (b) Extrinsic evidence of prior inconsistent statement of witness. Rule 614. Calling and interrogation of witnesses by c o u r t: (a) Calling by court. (b) Interrogation by court. (c) Objections. Rule 615. Exclusion of witnesses.

1927

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