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Page:United States Statutes at Large Volume 92 Part 2.djvu/506

 92 STAT. 1786

PUBLIC LAW 95-511—OCT. 25, 1978

i

8 USC 1101.

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to be committed and that is to be retained or disseminated for law enforcement purposes; and (4) notwithstanding paragraphs (1), (2), and (3), with respect to any electronic surveillance approved pursuant to section 102(a), procedures that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than twenty-four hours unless a court order under section 105 is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person, (i) "United States person" means a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 101(a) (20) of the Immigration and Nationality Act), an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a)(l), (2), o r (3). (j) "United States", when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands. (k) "Aggrieved person" means a person who is the target of an electronic surveillance or any other person whose communications or activities were subject to electronic surveillance. (1) "Wire communication" means any communication while it is being carried by a wire, cable, or other like connection furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications. (m) "Person" means any individual, including any officer or employee of the Federal Government, or any group, entity, association, corporation, or foreign power. (n) "Contents", when used with respect to a communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication. (o) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States. AUTHORIZATION FOR ELECTRONIC SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES

50 USC 1802.

^ /

SEC. 102. (a)(1) Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for periods of up to one year if the Attorney General certifies in writing under oath that— (A) the electronic surveillance is solely directed at— (i) the acquisition of the contents of communications transmitted by means of communications used exclusively between or among foreign powers, as defined in section 101(a)(1), (2),or(3);or

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Page:United States Statutes at Large Volume 92 Part 2.djvu/507

 PUBLIC LAW 95-511—OCT. 25, 1978 (ii) the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 101(a)(1), (2), or (3); (B) there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party; and (C) the proposed minimization procedures with respect to such surveillance meet the definition of minimization procedures under section 101(h); and if the Attorney General reports such minimization procedures and any changes thereto to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence at least thirty days prior to their effective date, unless the Attorney General determines immediate action is required and notifies the committees immediately of such minimization procedures and the reason for their becoming effective immediately. (2) An electronic surveillance authorized by this subsection may be conducted only in accordance with the Attorney General's certification and the minimization procedures adopted by him. The Attorney General shall assess compliance with such procedures and shall report such assessments to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence under the provisions of section 108(a). (3) The Attorney General shall immediately transmit under seal to the court established under section 103(a) a copy of his certification. Such certification shall be maintained under security measures established by the Chief Justice with the concurrence of the Attorney General, in consultation with the Director of Central Intelligence, and shall remain sealed unless— (A) an application for a court order with respect to the surveillance is made under sections 101(h)(4) and 104; or (B) the certification is necessary to determine the legality of the surveillance under section 106(f). (4) With respect to electronic surveillance authorized by this subsection, the Attorney General may direct a specified communication common carrier to— (A) furnish all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier is providing its customers; and (B) maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished which such carrier wishes to retain. The Government shall compensate, at the prevailing rate, such carrier for furnishing such aid. (b) Applications for a court order under this title are authorized if the President has, by written authorization, empowered the Attormy General to approve applications to the court having jurisdiction under section 103, and a judge to whom an application is made may, notwithstanding any other law, grant an order, in conformity with section 105, approving electronic surveillance of a foreign power or an agent of a foreign power for the purpose of obtaining foreign intelligence information, except that the court shall not have jurisdic-

92 STAT. 1787

Report to congressional committees.

Report to congressional committees.

Communication common carrier, duties.

Compensation. Applications approval.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/508

 92 STAT. 1788

PUBLIC LAW 95-511—OCT. 25, 1978 tion to grant any order approving electronic surveillance directed solely as described in paragraph (1)(A) of subsection (a) unless such surveillance may involve the acquisition of communications of any United States person. DESIGNATION OF JUDGES

Court to hear applications and grant orders.

50 USC 1803.

Court of review.

Record of proceedings.

Tenure.

SEC, 103. (a) The Chief Justice of the United States shall publicly designate seven district court judges from seven of the United States judicial circuits who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this Act, except that no judge designated under this subsection shall hear the same application for electronic surveillance under this Act which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this Act, such judge shall provide immediately for the record a written statement of each reason for his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b). (b) The Chief Justice shall publicly designate three judges, one of whom shall be publicly designated as the presiding judge, from the United States district courts or courts of appeals who together shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this Act. If such court determines that the application was properly den'ed, the court shall immediately provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision. (c) Proceedings under this Act shall be conducted as expeditiously as possible. The record of proceedings under this Act, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice in consultation with the Attorney General and the Director of Central Intelligence. (d) Each judge designated under this section shall so serve for a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a) shall be designated for terms of froin one to seven years so that one term expires each year, and that judges first designated under subsection (b) shall be designated for terms of three, five, and seven years. APPLICATION FOR AN ORDER

50 USC 1804. Approval of Attorney General.

SEC. 104. (a) Each application for an order approving electronic surveillance under this title shall be made by a Federal officer in writing upon oath or affirmation to a judge having jurisdiction under section 103. Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this title. It shall include— (1) the identity of the Federal officer making the application; (2) the authority conferred on the Attorney General by the President of the United States and the approval of the Attorney General to make the application; (3) the identity, if known, or a description of the target of the electronic surveillance;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/509

 PUBLIC LAW 95-511—OCT. 25, 1978

92 STAT. 1789

(4) a statement of the facts and circumstances relied upon by theapplicanttojustify his belief that— (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power; and (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power; (5) a statement of the proposed minimization procedures; (6) a detailed description of the nature of the information sought and the type of communications or activities to be subjected to the surveillance; (7) a certification or certifications by the Assistant to the President for National Security Affairs or an executive branch official or officials designated by the President from among those executive officers employed in the area of national security or defense and appointed by the President with the advice and consent of the Senate—• (A) that the certifying official deems the information sought to be foreign intelligence information; (B) that the purpose of the surveillance is to obtain foreign intelligence information; (C) that such information cannot reasonably be obtained by normal investigative techniques; (D) that designates the type of foreign intelligence information being sought according to the categories described in section 101(e); and (E) including a statement of the basis for the certification that— (i) the information sought is the type of foreign intelligence information designated; and (ii) such information cannot reasonably be obtained by normal investigative techniques; (8) a statement of the means by which the surveillance will be effected and a statement whether physical entry is required to effect the surveillance: (9) a statement of the facts concerning all previous applications that have been made to any judge under this title involving any of the persons, facilities, or places specified in the application, and the action taken on each previous application; (10) a statement of the period of time for which the electronic surveillance is required to be maintained, and if the nature of the intelligence gathering is such that the approval of the use of electronic surveillance under this title should not automatically terminate when the described type of information has first been obtained, a description of facts supporting the belief that additional information of the same type will be obtained thereafter; and (11) whenever more than one electronic, mechanical or other surveillance device is to be used with respect to a particular proposed electronic surveillance, the coverage of the devices involved and what minimization procedures apply to information acquired by each device. (b) Whenever the target of the electronic surveillance is a foreign Foreign power, power, as defined in section 101(a)(1), (2), or (3), and each of the information facilities or places at which the surveillance is directed is owned, exclusion, leased, or exclusively used by that foreign power, the application need not contain the information required by paragraphs (6), (7)(E), (8),

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Page:United States Statutes at Large Volume 92 Part 2.djvu/510

 92 STAT. 1790

PUBLIC LAW 95-511—OCT. 25, 1978 and (11) of subsection (a), but shall state whether physical entry is required to effect the surveillance and shall contain such information about the surveillance techniques and communications or other information concerning United States persons likely to be obtained as may be necessary to assess the proposed minimization procedures. (c) The Attorney General may require any other affidavit or certification from any other officer in connection with the application. (d) The judge may require the applicant to furnish such other information as may be necessary to make the determinations required by section 105. ISSUANCE o r A N ORDER

50 USC 1805.

SEC. 105. (a) Upon an application made pursuant to section 104, the judge shall enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that— (1) the President has authorized the Attorney General to approve applications for electronic surveillance for foreign intelligence information; (2) the application has been made by a Federal officer and approved by the Attorney General; (3) on the basis of the facts submitted by the applicant there is probable cause to believe that— (A) the target of the electronic surveillance is a foreign power or an agent of a foreign power: Provided, That no United States person may be considered a foreign power or an agent of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and (B) each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power; (4) the proposed minimization procedures meet the definition of minimization procedures under section 101(h); and (5) the application which has been filed contains all statements and certifications required by section 104 and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section 104(a)(7)(E) and any other information furnished under section 104(d). (b) An order approving an electronic surveillance under this section shall— (1) specify— (A) the identity, if known, or a description of the target of the electronic surveillance; (B) the nature and location of each of the facilities or places at which the electronic surveillance will be directed; ' (C) the type of information sought to be acquired and the type of communications or activities to be subjected to the surveillance; (D) the means by which the electronic surveillance will be effected and whether physical entry will be used to effect the surveillance; » (E) the period of time during which the electronic surveillance is approved; and (F) whenever more than one electronic, mechanical, or other surveillance device is to be used under the order, the authorized coverage of the devices involved and what minimi-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/511

 PUBLIC LAW 95-511—OCT. 25, 1978

92 STAT. 1791

zation procedures shall apply to information subject to acquisition by each device; and (2) direct— • (A) that the minimization procedures be followed; (B) that, upon the request of the applicant, a specified communication or other common carrier, landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance; (C) that such carrier, landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any records concerning the surveillance or the aid furnished that such person wishes to retain; and (D) that the applicant compensate, at the prevailing rate, such carrier, landlord, custodian, or other person for furnishing such aid. (c) Whenever the target of the electronic surveillance is a foreign power, as defined in section 101(a)(1), (2), or (3), and each of the facilities or places at which the surveillance is directed is owned, leased, or exclusively used by that foreign power, the order need not contain the information required by subparagraphs (C), (D), and (F) of subsection (b)(1), but shall generally describe the information sought, the communications or activities to be subjected to the surveillance, and the type of electronic surveillance involved, including whether physical entry is required, (d)(1) An order issued under this section may approve an electronic Approval surveillance for the period necessary to achieve its purpose, or for ninety days, whichever is less, except that an order under this section shall approve an electronic surveillance targeted against a foreign power, as defined in section 101(a)(1), (2), or (3), for the period specified in the application or for one year, whichever is less. (2) Extensions of an order issued under this title may be granted Extensions of an on the same basis as an original order upon an application for an exten- order. sion and new findings made in the same manner as required for an original order, except that an extension of an order under this Act for a surveillance targeted against a foreign power, as defined in section 101(a)(5) or (6), or against a foreign power as defined in section 101(a)(4) that is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no communication of any individual United States person will be acquired during the period. (3) At or before the end of the period of time for which electronic Review of surveillairce is appi\>ved by an order or an extension, the judge may circumstances of assess compliance with the minimization procedures by reviewing the order or circumstances under which information concerning United States extension. persons was acquired, retained, or disseminated. (e) Notwithstanding any other provision of this title, when the Attorney General reasonably determines that— (1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/512

 92 STAT. 1792

PUBLIC LAW 95-511—OCT. 25, 1978

(2) the factual basis for issuance of an order under this title to approve such surveillance exists; Emergency order, he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 103 is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this title is made to that judge as soon as practicable, but not more than twenty-four hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes such emergency employment of electronic surveil/ lance, he shall require that the minimization procedures required by this title for the issuance of a judicial order be followed. I n the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of twenty-four hours from the time of authorization by the Attorney Denial of General, whichever is earliest. I n the event that such application for application. approval is denied, or in any other case where the electronic surveillance is terminated and no order is issued approving the surveillance, no information obtained or evidence derived from such surveillance shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, g r and jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily h a r m to any Review. person. A denial of the application made under this subsection may be reviewed as provided in section 103. Testing of (f) Notwithstanding any other provision of this title, officers, electronic employees, or agents of the United States are authorized in the normal equipment. course of their official duties to conduct electronic surveillance not targeted against the communications of any particular person or persons, under procedures approved by the Attorney General, solely to— (1) test the capability of electronic equipment, if— (A) it is not reasonable to obtain the consent of the persons incidentally subjected to the surveillance; (B) the test is limited in extent and duration to that necessary to determine the capability of the equipment; (C) the contents of any communication acquired are retained and used only for the purpose of determining the capability of the equipment, are disclosed only to test personnel, and are destroyed before or immediately upon completion of the test; and: Termination. (D) Provided, That the test may exceed ninety days only with the prior approval of the Attorney General; (2) determine the existence and capability of electronic surveillance equipment being used by persons not authorized to conduct electronic surveillance, if— (A) it is not reasonable to obtain the consent of persons incidentally subjected to the surveillance; (B) such electronic surveillance is limited in extent and duration to that necessary to determine the existence and capability of such equipment; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/513

 PUBLIC LAW 95-511—OCT. 25, 1978

92 STAT. 1793

(C) any information acquired by such surveillance is used only to enforce chapter 119 of title 18, United States Code, or section 605 of the Communications Act of 1934, or to protect information from unauthorized surveillance; or (3) train intelligence personnel in the use of electronic surveillance equipment, if— (A) it is not reasonable to— (i) obtain the consent of the persons incidentally subjected to the surveillance; (ii) train persons in the course of surveillances otherwise authorized by this title; or (iii) train persons in the use of such equipment without engaging in electronic surveillance; (B) such electronic surveillance is limited in extent and duration to that necessary to train the personnel in the use of the equipment; and (C) no contents of any communication acquired are retained or disseminated for any purpose, but are destroyed as soon as reasonably possible. (g) Certifications made by the Attorney General pursuant to section 102(a) and applications made and orders granted under this title shall be retained for a period of at least ten years from the date of the certification or application.

18 USC 2510 et seq. 47 USC 605. Training of intelligence personnel, conditions.

Record retention requirement.

USE OP INFORMATION"

SEC. 106. (a) Information acquired from an electronic surveillance conducted pursuant to this title concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this title. No otherwise privileged communication obtained in accordance with, or in violation of, the provisions of this title shall lose its privileged character. No information acquired from an electronic surveillance pursuant to this title may be used or disclosed by Federal officers or employees except for lawful purposes. (b) No information acquired pursuant to this title shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General. (c) Whenever the Government intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from an electronic surveillance of that aggrieved person pursuant to the authority of this title, the Government shall, prior to the trial, hearing, or other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the Government intends to so disclose or so use such information. (d) Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivsion thereof, against an aggrieved person any information obtained or

39-194 O—80—pt. 2

33: QL3

50 USC 1806.

Statement for disclosure.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/514

 9 2 STAT. 1794

PUBLIC LAW 95-511—OCT. 25, 1978

derived from an electronic surveillance of that aggrieved person pursuant to the authority of this title, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information. (e) Any person against whom evidence obtained or derived from an electronic surveillance to which he is an aggrieved person is to be, or has been, introduced or otherwise iised or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such electronic surveillance on the grounds that^— (1) the information was unlawfully acquired; or (2) the surveillance was not made in conformity with an oi"der of authorization or approval. Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion. (f) Whenever a court or other authority is notified pursuant to subsection (c) or (d), or whenever a motion is made pursuant to subsection (e), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under this Act, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority, shall, notwithstanding any other law, if the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States, review in camera and ex part e the application, order, and such other materials relating to the surveillance as may be necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. I n making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance. (g) I f the United States district court pursuant to subsection (f) determines that the surveillance was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from electronic surveillance of the aggrieved person or otherwise g r a n t the motion of the aggrieved person. If the court determines that the surveillance was lawfully authorized and conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure. (h) Orders g r a n t i n g motions or requests under subsection (g), decisions under this section that electronic surveillance was not lawfully authorized or conducted, and orders of the United States district court requiring review or g r a n t i n g disclosure of applications, orders, or other materials relating to a surveillance shall be final orders and binding upon all courts of the United States and the several States

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Page:United States Statutes at Large Volume 92 Part 2.djvu/515

 PUBLIC LAW 95-511—OCT. 25, 1978

92 STAT. 179»S

except a United States court of appeals and the Supreme Court. (i) In circumstances involving the unintentional acquisition by an electronic, mechanical, or other surveillance device of the contents of any radio communication, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, and if both the sender and all intended recipients are located within the United States, such contents shall be destroyed upon recognition, unless the Attorney General determines that the contents indicate a threat of death or serious bodily harm to any person. (j) If an emergency employment of electronic surveillance is authorized under section 105(e) and a subsequent order approving the surveillance is not obtained, the judge shall cause to be served on any United States person named in the application and on such other United States persons subject to electronic surveillance as the judge may determine in his discretion it is in the interest of justice to serve, notice of— (1) the fact of the application; (2) the period of the surveillance; and (3) the fact that during the period information was or was not obtained. On an ex parte showing of good cause to the judge the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed ninety days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.

Disposal of contents.

Postponement or suspension of notice, time limitation.

REPORT OF ELECTRONIC SURVEILLANCE

SEC. 107. In April of each year, the Attorney General shall transmit Report to to the Administrative Office of the United States Court and to Con- Congress. gress a report setting forth with respect to the preceding calendar 50 USC lfl07. year— (a) the total number of applications made for orders and extensions of orders approving electronic surveillance under this title; and (b) the total number of such orders and extensions either granted, modified, or denied. CONGRESSIONAL OVERSIGHT

SEC. 108. (a) On a semiannual basis the Attorney General shall Report to fully inform the House Permanent Select Committee on Intelligence congressional and the Senate Select Committee on Intelligence concerning all elec- committees. tronic surveillance under this title. Nothing in this title shall be 50 USC 1808. deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties. (b) On or before one year after the effective date of this Act and Report of on the same day each year for four years thereafter, the Permanent congressional Select Committee on intelligence and the Senate Select Committee committees to on Intelligence shall ^epoit respectively to the House of Representa- Congress. tives and the Senate, concerning the implementation of this Act. Said reports shall include but not be limited to an analysis and recommendations concerning whether this Act should be (1) amended, (2) repealed, or (3) permitted to continue in effect without amendment.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/516

 92 STAT. 1796

PUBLIC LAW 95-511—OCT. 25, 1978 PENALTIES

50 USC 1809.

SEC. 109. (a) OFFENSE.—A person is guilty of an ojffense if he intentionally— (1) engages in electronic surveillance under color of law except as authorized by statute; or s,.. , (2) discloses or uses information obtained under color of law „.,. by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute. (b) DEFENSE,—It is a defense to a prosecution under subsection (a) that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction. (c) PENALTY..—An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both. (d) JURISDICTION.-—There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed. CIVIL LIABILITY

50 USC 1810.

S E C 110. CIVIL ACTION.—An aggrieved person, other than a foreign

.,*,

power or an agent of a foreign power, as defined in section 101(a) or (b)(1)(A), respectively, who has been subjected to an electronic surveillance or about whom information obtained by electronic surveillance of such person has been disclosed or used in violation of section 109 shall have a cause of action against any person who committed such violation and shall be entitled to recover— • (a) actual damages, but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater; , . (b) punitive damages; and (c) reasonable attorney's fees and other investigation and litigation costs reasonably incurred. AUTHORIZATION DURING T I M E OF WAR

50 USC 1811.

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SEC. 111. Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress. TITLE II—CONFORMING AMENDMENTS AMENDMENTS TO CHAPTER 1 1 9 OF TITLE 1 8, UNITED STATES CODE

18 USC 2511.

SEC. 201. Chapter 119 of title 18, United States Code, is amended as follows: (a) Section 2511(2)(a) (ii) is amended to read as follows: "(ii) Notwithstanding any other law, communication common carriers, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire or

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Page:United States Statutes at Large Volume 92 Part 2.djvu/517

 PUBLIC LAW 95-511—OCT. 25, 1978 oral communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if the common carrier, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with— " (A) a court order directing such assistance signed by the authorizing judge, or " (B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no w a r r a n t or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No communication common carrier, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished an order or certification under this subparagraph, except as may otherwise be required b}'^ legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any violation of this subparagraph by a communication common carrier or an officer, employee, or agent thereof, shall render the carrier liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any communication common carrier, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of an order or certification under this subparagraph.". (b) Section 2511(2) is amended by adding at the end thereof the following new provisions: " (e) Notwithstanding any other provision of this title or section 605 or 606 of the Communications Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to conduct electronic surveillance, avS defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act. " (f) Nothing contained in this chapter, or section 605 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications by a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire and oral communications may be conducted.". (c) Section 2511(3) is repealed. (d) Section 2518(1) is amended by inserting "under this chapter" after "communication". (e) Section 2518(4) is amended by inserting "under this chapter" after both appearances of "wire or oral communication". (f) Section 2518(9) is amended by striking out "intercepted" and inserting "intercepted pursuant to this chapter" after "communication".

92 STAT. 1797

18 USC 2518.

Disclosure of information, prohibition.

18 USC 2520.

18 USC 2511. 47 USC 605, 606.

Repeal.

18 USC 2511. 18 USC 2518.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/518

 92 STAT. 1798 18 USC 2518.

(g) Section 2518(10) is amended by striking out "intercepted" and inserting "intercepted pursuant to this chapter" after the first appearance of "communication". (h) Section 2519(3) is amended by inserting "pursuant to this chapter" after "wire or oral communications" and after "granted or denied".

18 USC 2519.

''

PUBLIC LAW 95-511—OCT. 25, 1978

'

TITLE III — EFFECTIVE DATE EFFECTIVE DATE

50 USC 1801 •<»*••, •; ' •

SEC. 301. The provisions of this Act and the amendments made hereby shall become effective upon the date of enactment of this Act, except that any electronic surveillance approved by the Attorney General to gather foreign intelligence information shall not be deemed unlawful for failure to follow the procedures of this Act, if that surveillance is terminated or an order approving that surveillance is obtained under title I of this Act within ninety days following the designation of the first judge pursuant to section 103 of this Act. Approved October 25, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1283, Pt. I accompanying H.R. 7308 (Comm. on the Judiciary) and (Select Comm. on Intelligence) and No. 95-1720 (Comm. of Conference). SENATE REPORTS: No. 95-604 and No. 95-604, Pt. II (Comm. on the Judiciary) and No. 95-701 (Select Comm. on Intelligence). CONGRESSIONAL RECORD, Vol. 124 (1978): Apr. 20, considered and passed Senate. Sept. 6, 7, considered and passed House, amended. Sept. 12, Senate disagreed to House amendments. Oct. 9, Senate agreed to conference report. Oct. 12, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 43: Oct. 25, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/519

 PUBLIC LAW 95-512—OCT. 25, 1978

92 StAT. 17'W

Public Law 95-512 95th Congress An Act To provide for cost-of-living adjustments in the annuity of a retired Comptroller General, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Comptroller General Annuity Adjustment Act of 1978". SEC. 2. Section 319 of the Budget and Accounting Act, 1921 (31 U.S.C. 43b) is amended— (1) by striking out " 3 " wherever it appears in subsections (b) and (c) and inserting "41/^"; (2) by striking out in subsection (e)(2) beginning with "onehalf" through the word "lesser" and inserting the following: "(A) $1,548, or (B) $4,644 divided by the number of children, whichever is lesser"; (3) by inserting " (A) " immediately after "equal to" in subsection (e)(3) and by striking out in such subsection beginning with "survived," through the word "year" and inserting "survived, divided by the number of children, or (B) $1,860, or (C) $5,680, divided by the number of children, whichever is the lesser"; and (4) by striking out "the last five years of such service" in subsection (n) and inserting "the three years of service in which his annual salary was greatest", and by striking out "37i/^" in such subsection and inserting "40". SEC. 3. The Budget and Accounting Act, 1921, is amended by adding after section 319 the following new section: "SEC. 320. (a) Except as provided in subsection (b), the annuities authorized by sections 303 and 319 of this Act shall be increased as follows: "(1) The Comptroller General shall— "(A) on January 1 of each year, or within a reasonable time thereafter, determine the per centum change in the Consumer Price Index published for December of the preceding year over the Consumer Price Index published for June of the preceding year, and "(B) on July 1 of each year, or within a reasonable time thereafter, determine the per centum change in the Consumer Price Index published for June of such year over the Consumer Price Index published for December of the preceding year. "(2) If in any year the per centum change determined under either paragraph (1)(A) or (1)(B) indicates a rise in the Consumer Price Index, then— "(A) effective March 1 of such year, in the case of an increase under paragraph (1)(A), each annuity payable under sections 303 and 319 of this Act commencing not later than such March 1 shall be increased by the per centum change computed under such paragraph, adjusted to the nearest one-tenth of 1 per centum, or

Oct. ^ 5. 1973 [S. 3412]

Comptroller General Annuity Adjustment Act of 1978. 31 USC 1 note.

31 USC 43c. 31 USC 43, 43b.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/520

 92 STAT. 1800

PUBLIC LAW 95-512—OCT. 25, 1978

"(B) effective September 1 of such year, in the case of an increase under paragraph (1)(B), each annuity payable 31 USC 43, 43b. under sections 303 and 319 of this Act commencing not later than such September 1 shall be increased by the per centum change computed under such paragraph, adjusted to the nearest one-tenth of 1 per centum. "(3) The per centum increase authorized by the Comptroller General under this section shall not exceed the per centum increase as authorized from time to time by the Civil Service Commission under section 8340(b) of title 6, United States Code. "(b) The annuity authorized by section 303 of this Act shall not, by reason of the application of subsection (a), exceed the annual rate of compensation of the Comptroller General.". Annuity SEC. 4. (a) The second paragraph of section 303 of the Budget and deductions. Accounting Act, 1921 (31 U.S.C. 43) is amended by inserting between the third and fourth sentences the following new sentence: "There shall be deducted from the salary of any pereon appointed to the Office of the Comptroller General after the date of enactment of this sentence as a contribution to the annuity authorized by this paragraph (1) a sum equal to 3i/^ per centum of his salary, in the case of a Comptroller General who has elected survivor benefits under section 319, or (2) a sum equal to 8 per centum of his salary, in the case of a Comptroller General who has not elected such survivor benefits.". (b) The third paragraph of such section is amended by— (1) inserting after "that Act," in the first sentence "and no deduction from his salary shall be made under the preceding paragraph,"; and (2) adding at the end thereof the following new sentence: "Any person who is appointed to the Office of Comptroller General after the date of enactment of this sentence and who makes such an election under this paragraph shall deposit with the General Accounting Office for covering into the general fund of the Treasury as miscellaneous receipts as a contribution to the annuity authorized under the preceding paragraph (1) a sum equal to •/M jr. J 31^ per centum, in the case of a Comptroller General who has elected survivor benefits under section 319, or (2) 8 per centum, in the case of a Comptroller General who has not elected such benefits, of the salary received by him as Comptroller General prior to the date current deductions begin from his salary, plus interest thereon at the rate of 3 per centum per annum compounded on December 31 of each year.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/521

 PUBLIC LAW 95-512—OCT. 25, 1978

92 STAT. 1801

(c) Such section is amended by adding at the end thereof the follow- Lump-sum ing new paragraph: refund. "Any Comptroller General who is separated from office prior to becoming eligible to receive an annuity under the second paragraph shall be entitled to a lump-sum refimd of the total amount deducted from his salary in accordance with the provisions of such paragraph or deposited by him as a contribution to his annuity in accordance with the provisions of the preceding paragraph, plus interest thereon at the rate of 3 per centum per annum compounded on December 31 of each year. The lump-sum refund authorized by this paragraph shall be paid to the Comptroller General or to his survivors in the order of precedence of such survivors established in section 319(j) for survivor benefits.". Approved October 25, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1241, accompanying H.R. 12196 (Comm. on Government Operations). SENATE REPORT No. 95-1267 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): July 25, H.R. 12196 considered and passed House. ' Oct. 9, considered and passed Senate. Oct. 11, considered and passed House, in lieu of H.R. 12196.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/522

 92 STAT. 1802

PUBLIC LAW 95-513—OCT. 25, 1978

Public Law 95-513 95th Congress Joint Resolution Oct. 25, 1978 [H.J. Res. 1147]

Vietnam Veterans Week. Designation authorization.

Authorizing and requesting the President to designate the seven-day period beginning on May 28, 1979, as "Vietnam Veterans Week".

Whereas members of the Armed Forces of the United States who served in Southeast Asia during the Vietnam conjflict performed such service under the most trying conditions because of the lack of domestic support for the conflict and because of the nature of the conflict itself; Whereas the battlefield performance of America's soldiers, sailors, marines, and airmen during the Vietnam conflict was by all measures the equal of that of their counterparts in previous conflicts; Whereas an adverse image has often been unfairly attached to the Vietnam veteran as an individual because of the controversial nature of the Vietnam conflict; and Whereas the Nation has never fully expressed its gratitude to those who gave a substantial portion of their lives at their Government's request and in the name of the people of the United States to serve in such conflict: Now, therefore, be it Resolved ty the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested (1) to issue a proclamation designating the sevenday period beginning on May 28, 1979, as "Vietnam Veterans Week" and calling upon the people of the United States and interested groups and organizations to observe such period with appropriate ceremonies and activities, and (2) to initiate and coordinate appropriate ceremonies and activities within the executive branch for the observance of such period. Approved October 25, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Oct 10, considered and passed House. Oct. 12, considered and passed Senate.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/233

 "SQAKTKTQUACLT," OR THE BENIGN-FACED, THE OANNES OF THE NTLAKAPAMUQ, BRITISH COLUMBIA.

(Read at Meeting of 21st June, 1898)

The following story is one of several which the writer recently obtained from Chief Mischelle of Lytton. It is not complete as the old Indians used to relate it; he had forgotten the latter portions of it. It was originally so long that those listening to it invariably went to sleep before it was concluded. Few Indians, I was informed, know so much of it as Mischelle. It is important, therefore, to place on record what I was able to gather from him. To those familiar with Dr. G. M. Dawson's Notes on the Shuswap People of British Columbia it will be seen at once that Sqaktktquaclt of the Ntlakapamuq and Skilap of the Shuswaps are one and the same person, only in the case of the former we have an abundance of detail which is wanting in Dr. Dawson's account of the latter. Mischelle was a good raconteur, and took the liveliest pleasure in relating to me his store of lore. My method of recording was as follows: I made copious notes at the time, and expanded them immediately after. When written out, I read them to him and corrected them where necessary according to his instructions. They are, therefore, in their present form substantially as he gave them.

In the remote past the red-headed woodpecker was a very handsome man who had two wives, a black bear and a grizzly bear. They were not animals then, but women in bear-form. When the woodpecker was a youth he had gone away by himself into a solitary spot, as was the custom of young men, and fasted and practised himself in athletic exercises, asking each morning before sunrise that Kōkpĕ (the chief) would bless him. Kōkpĕ


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/523

 PUBLIC LAW 95-514—OCT. 25, 1978

92 STAT. 1803

Public Law 95-514 95th Congress An Act Oct. 25, 1978 To improve the range conditions of the public rangelands. [H.R. 10587] Be it enacted by the Senate and House of Representatives of the Public United States of America in Congress assembled, SECTION 1. That this Act may be cited as the "Public Eangelands Rangelands Improvement Act Improvement Act of 1978". of 1978. r i N D I N G S AND DECLARATION OF POLICY 43 USC 1901 note. SEC. 2. (a) The Congress finds and declares that— 43 USC 1901. (1) vast segments of the public rangelands are producing less than their potential for livestock, wildlife habitat, recreation, forage, and water and soil conservation benefits, and for that reason are in an unsatisfactory condition; (2) such rangelands will remain in an unsatisfactory condition and some areas may decline further under present levels of, and funding for, management; (3) unsatisfactory conditions on public rangelands present a high risk of soil loss, desertification, and a resultant underproductivity for large acreages of the public lands; contribute significantly to unacceptable levels of siltation and salinity in major western watersheds including the Colorado River; negatively impact the quality and availability of scarce western water supplies; threaten important and frequently critical fish and wildlife habitat; prevent expansion of the forage resource and resulting benefits to livestock and wildlife production; increase surface runoff and flood danger; reduce the value of such lands for recreational and esthetic purposes; and may ultimately lead to unpredictable and undesirable long-term local and regional climatic and economic changes; (4) the above-mentioned conditions can be addressed and corrected by an intensive public rangelands maintenance, management, and improvement program involving significant increases in levels of rangeland management and improvement funding for multiple-use values; (5) to prevent economic disruption and harm to the western livestock industry, it is in the public interest to charge a fee for livestock grazing permits and leases on the public lands which is based on a formula reflecting annual changes in the costs of production: (6) the Act of December 15, 1971 (85 Stat. 649, If) U.S.C. 1331 et seq.), continues to be successful in its goal of protecting wild free-roaming horses and burros from capture, branding, harrassment, and death, but that certain amendments are necessary thereto to avoid excessive costs in the administration of the Act, and to facilitate the humane adoption or disposal of excess wild freeroaming horses and burros which because they exceed the carrying capacity of the range, pose a threat to their own habitat, fish, wildlife, recreation, water and soil conservation, domestic livestock grazing, and other rangeland values; (b) The Congress therefore hereby establishes and reaffirms a national policy and commitment to: (1) inventory and identify current public rangelands conditions and trends as a part of the inventory process required by section 2011'a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711);

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Page:United States Statutes at Large Volume 92 Part 2.djvu/524

 92 STAT. 1804

,

PUBLIC LAW 95-514—OCT. 25, 1978 (2) manage, maintain and improve the condition of the public rangelands so that they become as productive as feasible for all rangeland values in accordance with management objectives and the land use planning process established pursuant to section 202 of the Federal Land Policy and Management Act (48 U.S.C^.

(3) charge a fee for public grazing use which is equitable and reflects the concerns addressed in paragraph (a)(5) above; (4) continue the policy of protecting wild free-roaming horses and burros from capture, branding, harassment, or death, while ' ': at the same time facilitating the removal and disposal of excess wild free-roaming horses and burros which pose a threat to themselves and their habitat and to other rangeland values; (c) The policies of this Act shall become effective only as specific statutory authority for their implementation is enacted by this Act or by subsequent legislation, and shall be construed as supplemental to and not in derogation of the purposes for which public rangelands are administered under other provisions of law. Definitions. S K C 8. As used in this Act— 43 USC 1902. (a) The terms "rangelands" or "public rangelands" means lands administered by the Secretary of the Interior through the Bureau of Land Management or the Secretary of Agriculture through the Forest Service in the sixteen contiguous Western States on which there is domestic livestock grazing or which the Secretary concerned determines may be suitable for domestic livestock grazing. (b) The term "allotment management p l a n " is the same as defined in section 103(k) of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1702 (k)), except that as used in this Act such term applies to the sixteen contiguous Western States. (c) The term "grazing permit and lease" means any document authorizing use of public lands or lands in national forests in the sixteen contiguous Western States for the purpose of grazing domestic livestock. (d) The term "range condition" means the quality of the land reflected in its ability in specific vegetative areas to support various levels of productiAnty in accordance with range management objectives and the land use planning process, and relates to soil quality, forage values (whether seasonal or year r o u n d), wildlife habitat, watershed and plant communities, the present state of vegetation of a range site in relation to the potential plant community for that site, and the relative degree to which the kinds, proportions, and amounts of vegetation in a p l a n t community resemble that of the desired community for that site. (e) The term "native vegetation" means those plant species, communities, or vegetative associations which are endemic to a given area and which would normally be identified with a healthy and productive T-ange condition occurring as a result of the natural vegetative process of the area. (f) The term "range improvement" means any activity or program on or relating to rangelands which is designed to improve production of forage; change vegetative composition; control patterns of use; provide w a t e r: stabilize soil and water conditions; and provide h a b i t a t for livestock and wildlife. The term includes, but is not limited to.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/525

 PUBLIC LAW 95-514—OCT. 25, 1978

92 STAT. 1805

structures, treatment projects, and use of mechanical means to accomplish the desired results. (g) The term "court ordered environmental impact statement" means any environmental statements which are required to be prepared by the Secretary of the Interior pursuant to the tinal judgment or subse(][ueiit modification theivof as set forth on Jmie IcS, 1975, in the matter of Natural Resources Defense Council against And r u s. (h) The term "Secretary" unless specifically designated otherwise, means the Secretary of the Interior. (i) The term "sixteen contiguous AVestern States" means the States of Arizona, California, Colorado, I d a h o, Kansas, Montana, Nebraska, Nevada, NOAV ]\Iexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming. RANGELANDS IXVENTORY AND MANAGEMENT

SEC. 4. (a) Following enactment of this Act, the Secretary of the 43 USC 1903. Interior and the Secretary of Agriculture shall update, develop (where necessary) and maintain on a continuing basis thereafter, an inventory of range conditions and record of trends of range conditions on the public rangelands. and shall categorize or identify such lands on the basis of the range conditions and trends thereof as they deem appropriate. Such inventories shall be conducted and maintained by the Secretary as a part of the inventory process required by section 201(a) of the Federal L and Policy and Management Act (43 U.S.C. 1711). and by the Secretary of Agriculture in accordance with section 5 of the Forest and Rangeland Renewable Resources P l a n n i n g Act of 1974 (16 ILS.C. 1608); shall be kept current on a regular basis so as to reflect changes in range conditions; and shall be available to the Public public.

availability.

(b) The Secretary shall manage the public rangelands in accordance with the Tavlor Grazing Act (43 U.S.C. 315-315 (o)), the Federal Land Policy "and Management Act of 1976 (43 U.S.C. 1701-1782), and other applicable law consistent with the public rangelands improveuient program pursuant to this Act. Except where the land use planning process required pursuant to section 202 of the Federal L and Policy and INIanagement Act (43 U.S.C. 1712) determines otherwise or the Secretary determines, and sets forth his reasons for this determination, that grazing uses should be discontinued (either temporarily or permanently) on certain lands, the goal of such management shall be to improve the range conditions of the public rangelands so that they l>ecome as productive as feasible in accordance with the rangeland manageuient objectives established through the land use planning process, and consistent with the values and objectives listed in sections 2 (a) and (b)(2) of this Act.

,«^ <;,

.*

RANGE IMPROVEMENT FUNDING

SEC. 5. (a) I n order to accomplish the purposes of this Act, there Appropriation are herebv authorized to be appropriated the sum of an additional authorization. $15,000,000 annually in fiscal years 1980 through 1982; for fiscal years 43 USC 1904. 1983 through 1986 an amount no less than the amount authorized for 1982; and for fiscal years 1987 through 1999 an amount not less than $5,000,000 annually more than the amount authorized for fiscal year 1986. Such funds shall be in addition to any range, Avildlife, and soil and water management moneys which have been requested by the

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Page:United States Statutes at Large Volume 92 Part 2.djvu/526

 92 STAT. 1806 43 USC 1748.

Distribution, consultation and coordination.

Environmental assessment record.

42 USC 4321 note.

PUBLIC LAW 95-514—OCT. 25, 1978

Secretary under the provisions of section 318 of the Federal Land Policy and Management Act, and in addition to the moneys which are available for range improvements under section 401 of the Federal Land Policy and Management Act (43 U.S.C. 1751). (b) Aary amounts authorized by this section not appropriated in one or more fiscal years shall be available for appropriation in any subsequent years. (c) No less than 80 per centum of such funds provided herein shall be used for on-the-ground range rehabilitation, maintenance and the construction of range improvements (including project layout, project design, and project supervision). No more than 15 per centum of such funds provided herein shall be used to hire and train such experienced and qualified personnel as are necessary to implement on-the-ground supervision and enforcen)ent of the land use plans required pursuant to section 202 of the Federal Land Policy and Management Act (43 U.S.C. 1712) and such allotment management plans as may be developed. Such funds shall be distributed as the Secretary deems advisable after careful and considered consultation and coordination, including public hearings and meetings where appropriate, with the district grazing advisory boards established pursuant to section 403 of the Federal Land Policy and Management Act (43 U.S.C. 1753), and the advisory councils established pursuant to section 309 of the Federal Land Policy and Management Act (43 U.S.C. 1739), range user representatives, and other interested parties. To the maximum extent practicable, and where economically sound, the Secretary shall give priority to entering into cooperative agreements with range users (or user groups) for the installation and maintenance of on-the-ground range improvements. (d) Prior to the use of any funds authorized by this section the Secretary shall cause to have prepared an environmental assessment lecord on each range improvement project. Thereafter, improvement projects may be constructed unless the Secretary determines that the project will have a significant impact on the quality of human environment, necessitating an environmental impact statement pursuant to the National Environmental Policy Act prior to the expenditure of funds. GRAZING FEES

43 USC 1905.

SEC. 6. (a) For the grazing years 1979 through 1985, the Secretaries of Agriculture and Interior shall charge the fee for domestic livestock grazing on the public rangelands which Congress finds represents the economic value of the use of the land to the user, and under which Congress finds fair market value for public grazing equals the $1.23 base established by the 1966 Western Livestock Grazing Survey multiplied by the result of the Forage Value Index (computed annually from data supplied by the Economic Research Service) added to the Combined Index (Beef Cattle Price Index minus the Price Paid Index) and divided by 100: Provided, That the annual increase or decrease in such fee for any given year shall be limited to not more than plus or minus 25 per centum of the previous year's fee. Cb) The second sentence of section 401(b)(1) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751(b)(1)) is hereby amended by adding the words "or $10,000,000 per annum, whichever is greater" after the words "50 per centum", and by substituting the word "sixteen" for the word "eleven" before the words "contiguous Western States".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/527

 PUBLIC LAW 95-514—OCT. 25, 1978

92 STAT. 1807

(JRAZING LEASES AND PERMITS

SEC. 7. (a) Section 402(b)(3) of the Federal Land Policy and Management Act (43 U.S.C. 1752) is amended by striking- the period at the end of the proviso and adding ": Provided further, That the absence of completed land use plans or court ordered environmental statements shall not be the sole basis for establishing a term shorter than ten years unless the Secretary determines on a case-by-case basis that the information to be contained in such land use plan or court ordered environmental impact statement is necessary to determine whether a shorter term should be established for any of the reasons set forth in items (1) through (3) of this subsection.". (b) Section 402(a) of the Federal Land Policy and Management Act is hereby amended by substituting the word "sixteen" for the word "eleven" before the words "contiguous Western States". ALLOTMENT MANAGEMENT

PLANS

SEC. 8. Sections 402(d) and (e) (43 U.S.C. 1752 (d) and (e)) are hereby amended— (a) by changing subsection (d) to read as follows: "(d) All permits and leases for domestic livestock grazing issued pursuant to this section may incorporate an allotment management plan developed by the Secretary concerned. However, nothing in this subsection shall be construed to supersede any requirement for completion of court ordered environmental impact statements prior to development and incorporation of allotment management plans. If Consultation the Secretary concerned elects to develop an allotment management and plan for a given area, he shall do so in careful and considered consul- cooperation. tation, cooperation and coordination with the lessees, permittees, and landowners involved, the district grazing advisory boards established pursuant to section 403 of the Federal Land Policy and Management Act (43 U.S.C. 1753), and any State or States having lands within the area to be covered by such allotment inanagement plan. Allotment management plans shall be tailored to the specific range condition of the area to be covered by such plan, and shall be reviewed on a periodic basis to determine whether they have been effective in improving the range condition of the lands involved or whether such lands can be better managed under the provisions of subsection (e) of this section. The Secretary concerned may revise or terminate such plans or develop new plans from time to time after such review and careful and considered consultation, cooperation and coordination with the parties involved. As used in this subsection, the terms 'court ordered Definitions environmental impact statement' and 'range condition' shall be defined ns in the 'Public Rangelands Improvement Act of 1978.' ". Ante, p. 1803. (b) by deleting in subsection (e) the words "Prior to October 1, 1988. or thereafter, in" and by inserting "In". APPROPRIATIONS

SEC. 9. Notwithstanding any other provision of this Act, authority 43 USC 1906. to enter into cooperative agreements and to make payments under this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriation Acts.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/528

 92 STAT. 1808

PUBLIC LAW 95-514—OCT. 25, 1978 GRAZING ADVISORY BOARDS

SEC. 10. Section 403(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1753) is amended by substituting the word "sixteen" for the word "eleven" before the words "contiguous Western States". XATIOXAL GRASSLAND

43 USC 1907.

EXEMPTIONS

SEC. 11. All National Grasslands are exempted from the provisions of this Act. EXPERIMENTAL STEWARDSHIP PROGRAM

43 USC 1908.

Report to Congress.

SEC. 12. (a) The Secretaries of Interior and Agriculture are hereby authorized and directed to develop and implement, on an experimental basis on selected areas of the public rangelands which are representative of the broad spectrum of range conditions, trends, and forage values, a program which provides incentives to, or rewards for, the holders of grazing permits and leases whose stewardship results in an improvement of the range condition of lands under permit or lease. Such program shall explore innovative grazing management policies and systems which might provide incentives to improve range conditions. These may include, but need not be limited to— (1) cooperative range management projects designed to foster a greater degree of cooperation and coordination between the Federal and State agencies charged with the management of the rangelands and with local private range users, (2) the payment of up to 50 per centum of the amount due the Federal Government from grazing permittees in the form of range improvement work, (3) such other incentives as he may deem appropriate. (b) No later than December 31, 1985, the Secretaries shall report to the Congress the results of such experimental program, their evaluation of the fee established in section 6 of this Act and other grazing fee options, and their recommendations to implement a grazing fee schedule for the 1986 and subsequent grazing years. ADVISORY

COUNCILS

SEC. 13. The first line of section 309(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1739) is amended by deleting "is authorized to" and inserting in lieu thereof "shall". WILD HORSES AND BURROS

Inventory and determinations.

SEC. 14. (a) Subsections 3(b), (c), and (d) of the Act of December 15, 1971 (85 Stat. 649; 16 U.S.C. 1333(b)(3)) are hereby amended to read as follows: "(b)(1) The Secretary shall maintain a current inventory of wild free-roaming horses and burros on given areas of the public lands. The purpose of such inventory shall be to: make determinations as to whether and where an overpopulation exists and whether action should be taken to remove excess animals; determine appropriate management levels of wild free-roaming horses and burros on these areas of the public lands; and determine whether appropriate management levels should be achieved by the removal or destruction of excess animals, or other options (such as sterilization, or natural controls on

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Page:United States Statutes at Large Volume 92 Part 2.djvu/529

 PUBLIC LAW 95-514—OCT. 25, 1978

92 STAT. 1809

population levels). In making such determinations the Secretary shall consult with the United States Fish and Wildlife Service, wildlife agencies of the State or States wherein wild free-roaming horses and burros are located, such individuals independent of Federal and State government as have been recommended by the National Academy of Sciences, and such other individuals whom he determines have scientific expertise and special knowledge of wild horse and burro protection, wildlife management and animal husbandry as related to rangeland management. " (2) Where the Secretary determines on the basis of (i) the current inventory of lands within his jurisdiction; (ii) information contained in any land use planning completed pursuant to section 202 of the Federal Land Policy and Management Act of 1976; (iii) information contained in court ordered environmental impact statements as defined in section 2 of the Public Range Lands Improvement Act of 1978; and (iv) such additional information as becomes available to him from time to time, including that information developed in the research study mandated by this section, or in the absence of the information contained in (riv) above on the basis of all information currently available to him, that an overpopulation exists on a given area of the public lands and that action is necessary to remove excess animals, he shall immediately remove excess animals from the range so as to achieve appropriate management levels. Such action shall be taken, in the following order and priority, until all excess animals have been removed so as to restore a thriving natural ecological balance to the range, and protect the range from the deterioration associated with overpopulation: " (A) The Secretary shall order old, sick, or lame animals to be destroyed in the most humane manner possible; "(B) The Secretary shall cause such number of additional excess wild free-roaming horses and burros to be humanely captured and removed for private maintenance and care for which he determines an adoption demand exists by qualified individuals, and for which he determines he can assure humane treatment and care (including proper transportation, feeding, and handling): Provided, That, not more than four animals may be adopted per year by any individual unless the Secretary determines in writing that such individual is capable of humanely caring for more than four animals, including the transportation of such animals by the adopting party; and "(C) The Secretary shall cause additional excess wild freeroaming horses and burros for which an adoption demand by qualified individuals does not exist to be destroyed in the most humane and cost efficient manner possible. "(3) For the purpose of furthering knowledge of wild horse and burro population dynamics and their interrelationship with wildlife, forage and water resources, and assisting him in making his determination as to what constitutes excess animals, the Secretary shall contract for a research study of such animals with such individuals independent of Federal and State government as may be recommended by the National Academy of Sciences for having scientific expertise and special knowledge of wild horse and burro protection, wildlife management and animal husbandry as related to rangeland management. The terms and outline of such research study shall be determined by a research design panel to be appointed by the President of the

39-194 O-

-pt. 2

34: QLS

Consultation.

-

•

Overpopulation, 43 USC 1712.

•• > -

Research study,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/530

 92 STAT. 1810

PUBLIC LAW 95-514—OCT. 25, 1978

Stibmittal to Congress,

National Academy of Sciences. Such study shall be completed and submitted by the Secretary to the Senate and House of Representatives on or before January 1, 1983. Title, ^ "(c) Where excess animals have been transferred to a qualified application. individual for adoption and private maintenance pursuant to this Act and the Secretary determines that such individual has provided humane conditions, treatment and care for such animal or animals for a period of one year, the Secretary is authorized upon application by the transferee to grant title to not more than four animals to the transi ' ^ > ' feree at the end of the one-year period. "(d) Wild free-roaming horses and burros or their remains shall lose their status as wild free-roaming horses or burros and shall no "(1) upon passage of title pursuant to subsection (c) except for the limitation of subsection (c)(1) of this section; or "(2) if they have been transferred for private maintenance or adoption pursuant to this Act and die of natural causes before passage of title; or " (3) upon destruction by the Secretary or his designee pursuant to subsection (b) of this section; or " (4) if they die of natural causes on the public lands or on private lands where maintained thereon pursuant to section 4 and disposal is authorized by the Secretary' or his designee; or "(5) upon destruction or death for purposes of or incident to the program authorized in section 3 of this Act; Provided, That no wild free-roaming horse or burro or its remains may be sold or transferred for consideration for processing into commercial products.". "fexcess (b) A new subsection (f) is added to section 2 of the Act of DecemanimaU." ber 15, 1971, as amended (16 U.S.C. 1332) to read as follows: "(f) 'excess animals' means wild free-roaming horses or burros (1) which have been removed from an area by the Secretary pursuant to applicable law or, (2) which must be removed from an area in order to preserve and maintain a thriving natural ecological balance and multiple-use relationship in that area." Approved October 25, 1978.
 * longer be considered as falling within the purview of this Act—

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1122 (Comm. on Interior and Insular Affairs) and No. 95-1737 (Comm. of Conference). SENATE REPORT No. 95-1237 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): June 29, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 10, House agreed to conference report. Oct. 11, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 14, No. 43: Oct. 27, Presidential statement.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/531

 PUBLIC LAW 95-515—OCT. 25, 1978

92 STAT. 1811

Public Law 95-515 95th Congress An Act To regulate interstate commerce with respect to parimutuel wagering on horseracing, to maintain the stability of the horseracing industry, and for other purposes.

"*^*' '^ ' * [S. 1185]

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, This Act may be Interstate cited as the "Interstate Horseracing Act of 1978". " 'i^'^f "^'"^ ^*^ of 1978. FINDINGS AND POLICY

15 USC 3001 note.

SEC. 2. (a) The Congress finds that— _ / 15 USC 3001. (1) the States should have the primary responsibility for determining what forms of gambling may legally take place within their borders; (2) the Federal Government should prevent interference by one State with the gambling policies of another, and should act to protect identifiable national interests; and (3) in the limited area of interstate off-track wagering on horseraces, there is a need for Federal action to ensure States will continue to cooperate with one another in the acceptance of legal interstate wagers. (b) It is the policy of the Congress in this Act to regulate interstate commerce with respect to wagering on horseracing, in order to further the horseracing and legal off-track betting industries in the United States. DEFINITIONS

SEC. 3. For the purposes of this Act the term— 15 USC 3002. (1) "person" means any individual, association, partnership, joint venture, corporation, State or political subdivision thereof, department, agency, or instrumentality of a State or political subdivision thereof, or any other organization or entity; (2) "State" means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; (3) "interstate off-track wager" means a legal wager placed or accepted in one State with respect to the outcome of a horserace taking place in another State; (4) "on-track wager" means a wager with respect to the outcome of a horserace which is placed at the racetrack at which such horserace takes place; (5) "host State" means the State in which the horserace subject to the interstate wager takes place; (6) "off-track State" means the State in which an interstate offtrack wager is accepted; (7) "off-track betting system" means any group which is in the business of accepting wagers on horseraces at locations other than the place where the horserace is run, which business is conducted by the State or licensed or otherwise permitted by State law; (8) "off-track betting office" means any location within an offtrack State at which off-track wagers are accepted;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/532

 92 STAT. 1812

«,* -; • ' •' > >'

 * 'aiv »

PUBLIC LAW 95-515—OCT. 25, 1978 (9) "host racing association" means any person who, pursuant to a license or other permission jjranted by the host State, conducts the horserace subject to the interstate wager; (10) "host racing commission" means that person designated by State statute or, in the absence of statute, by regulation, with jurisdiction to regulate the conduct of racing within the host State; (11) "off-track racing commission" means that person designated by State statute or, in the absence of statute, by regulation, with jurisdiction to regulate off-track betting in that State; (12) "horsemen's group" means, with reference to the applicable host racing association, the group which represents the majority of owners and trainers racing there, for the races subject to the interstate off-track wager on any racing day; (13) "parimutuel" means any system whereby wagers with respect to the outcome of a horserace are placed with, or in, a wagering pool conducted by a person licensed or otherwise permitted to do so under State law, and in which the participants are wagering with each other and not against the operator; (14) "currently operating tracks" means racing associations conducting parimutuel horseracing at the same time of day (afternoon against afternoon; nighttime against nighttime) as the racing association conducting the horseracing which is the subject of the interstate off-track wager; (15) "race meeting" means those scheduled days during the year a racing association is granted permission by the appropriate State racing commission to conduct horseracing; (16) "racing day" means a full program of races at a specified racing association on a specified day; (17) "special event" means the specific individual horserace which is deemed by the off-track betting system to be of sufficient national significance and interest to warrant interstate off-track wagering on that event or events; (18) "dark days" means those days when racing of the same type does not occur in an off-track State within 60 miles of an off-track betting office during a race meeting, including, but not limited to, a dark weekday when such racing association or associations run on Sunday, and days when a racing program is scheduled but does not take place, or cannot be completed due to weather, strikes and other factors not within the control of the off-track betting system; (19) "year" means calendar year; (20) "takeout" means that portion of a wager which is deducted from or not included in the parimutuel pool, and which is distributed to persons other than those placing wagers; (21) "regular contractual process" means those negotiations by which the applicable horsemen's group and host racing association reach agreements on issues regarding the conduct of horseracing by the horsemen's group at that racing association: (22) "terms and conditions" includes, but is not limited to, the percentage which is paid by the off-track betting system to the host racing association, the percentage which is paid by the host racing association to the horsemen's group, as well as any arrangements as to the exclusivity between the host racing association and the off-track betting system.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/533

 PUBLIC LAW 95-515—OCT. 25, 1978

92 STAT. 1813

PROHIBITION

SEC. 4. No person may accept an interstate ott'-ti-ack wager except 15 USC 3003. as provided in this Act. REOUI^ATION

SEC. 5. (a) An interstate off-track wager may be accepted by an 15 USC 3004. off-track betting system only if consent is obtained from— (1) the host racing association, except that— (A) as a condition precedent to such consent, said racing association (except a not-for-profit racing association in a State where the distribution of off-track betting revenues in that State is set forth by law) must have a written agreement with the horsemen's group, under which said racing association may give such consent, setting forth the terms and conditions relating thereto; provided, (B) that where the host racing association has a contract with a horsemen's group at the time of enactment of this Act ., ^^, _ which contains no provisions referring to interstate off-track betting, the terms and conditions of said then-existing contract shall be deemed to apply to the interstate off-track wagers and no additional written agreement need be entered into unless the parties to such then-existing contract agree otherwise. Where such provisions exist in such existing contract, such contract shall govern. Where written consents exist at the time of enactment of this Act between an oft'-track betting system and the host racing association providing for interstate off-track wagers, or such written consents are executed by these parties prior to the expiration of such thenexisting contract, upon the expiration of such then-existing contract the written agreement of such horsemen's group shall thereafter be required as such condition precedent and as a part of the regular contractual process, and may not be withdrawn or varied except in the regular contractual process. Where no such written consent exists, and where such written agreement occurs at a racing association which has a ,« regular contractual process with such horsemen's group, said agreement by the horsemen's group may not be withdrawn or varied except in the regular contractual process; (2) the host racing commission; (3) the off-track racing commission. (b)(1) In addition to the requirement of subsection (a), any offtrack betting office shall obtain the approval of— (A) all currently operating tracks within 60 miles of such offtrack betting office; and (B) if there are no currently operating tracks within 60 miles then the closest currently operating track in an adjoining State. (2) Notwithstanding the provisions of paragraph (1) of this subsection, any off-track betting office in a State with at least 250 days of on-track parimutuel horseracing a year, may accept interstate off'-track wagers for a total of 60 racing days and 25 special events a year with• * - i,i out the approval required by paragraph (1), if with respect to such 60 racing days, there is no racing of the same type at the same time of day being conducted within the off-track betting State within 60 miles of the off-track betting office accepting the wager, or such racing pro-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/534

 92 STATi 1814 < ii,

PUBLIC LAW 95-515—OCT. 25, 1978 gram cannot be completed. Excluded from such 60 days and from the consent required by subsection (b)(1) may be dark days which occur during a regularly scheduled race meeting in said on-track betting State. In order to accept any interstate off-track wager under the terms of the preceding sentence the off-track betting office shall make identical offers to any racing association described in subparagraph (A) of subsection (b)(1). Nothing in this subparagraph shall be construed to reduce or eliminate the necessity of obtaining all the approvals required by subsection (a). (c) No parimutuel off-track betting system may employ a takeout for an interstate wager which is greater than the takeout for corresponding wagering pools of off-track wagers on races run within the off-track State except where such greater takeout is authorized by State law in the off-track State. LIABILITY AND DAMAGES

15 US€ 3005.

SEC. 6. Any person accepting any interstate off-track wager in violation of this Act shall be civilly liable for damages to the host State, the host racing association and the horsemen's group. Damages for each violation shall be based on the total of off-track wagers as follows: (1) If the interstate off-track wager was of a type accepted at the host racing association, damages shall be in an amount equal to that portion of the takeout which would have been distributed to the host State, host racing association and the horsemen's group, as if each such interstate off-track wager had been placed at the host racing association. (2) If such interstate off-track wager was of a type not accepted at the host racing association, the amount of damages shall be determined at the rate of takeout prevailing at the off-track betting system for that type of wager and shall be distributed according to the same formulas as in paragraph (1) above. CIVIL ACTION

15 USC 3006.

SEC. 7. (a) The host State, the host racing association, or the horsemen's group may commence a civil action against any person alleged to be in violation of this Act, for injunctive relief to restrain violations and for damages in accordance with section 6. (b) In any civil action under this section, the host State, the host racing association and horsemen's group, if not a party, shall be permitted to intervene as a matter of right. (c) A civil action may not be commenced pursuant to this section more than 3 years after the discovery of the alleged violation upon which such civil action is based. (d) Nothing in this Act shall be construed to permit a State to be sued under this section other than in accordance with its applicable laws. JURISDICTION AND VENUE

15 USC 3007.

SEC. 8. (a) Notwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any civil action under this Act, without regard to the citizenship of the parties or the amount in controversy.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/535

 PUBLIC LAW 95-515—OCT. 25, 1978

92 STAT, 1815

(b) A civil action under this Act may be brought in any district court of the United States for a district located in the host State or the off-track State, and all process in any such civil action may be served in any judicial district of the United States. (c) The jurisdiction of the district courts of the United States pursuant to this section shall be concurrent with that of any State court of competent jurisdiction located in the host State or the off-track State. EFFECTIVE DATE;

APPLICABILITY

SEC. 9. (a) The provisions of this Act shall take effect on the date of 15 USC 3001 enactment of this Act, and, except as provided in subsection (b) of "ot«this section, shall apply to any interstate off-track wager accepted on or after such date of enactment. (b)(1) The provisions of this Act shall not apply to any interstate off-track wager which is accepted pursuant to a contract existing on May 1, 1978. (2) The provisions of this Act shall not apply to any form of legal non-parimutuel off-track betting existing in a State on May 1, 1978. (3) The provisions of subsection (b) o f section 5 of this Act shall not apply to any parimutuel off-track betting system existing on May 1, 1978, in a State which does not conduct parimutuel horseracing on the date of enactment of this Act. Approved October 25, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1733 (Comm. on Interstate and Foreign Commerce). SENATE REPORTS: No. 95-554 (Comm. on Commerce, Science, and Transportation) and No. 95-1117 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 26, considered and passed Senate. Oct. 10, H.R. 14089 considered and passed House; passage vacated, and S. 1185 passed in lieu.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/536

 92 STAT. 1816

PUBLIC LAW 95-516—OCT. 25, 1978

Public Law 95-516 95th Congress An Act Oct. 25, 1978 [H.R. 10161]

Eastern Telephone Supply and Manufacturing, Inc. Natural graphite, duty suspension.

For the relief of Eastern Telephone Supply and Manufacturing, Incorporated, and other matters.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the time limitations in section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or in any other provision of law, Eastern Telephone Supply and Manufacturing, Incorporated, of Newport, Rhode Island, may file, within sixty days after the date of enactment of this Act, a protest with the United States Customs Service concerning the overpayment of customs duties on goods purchased from Bell of Canada that entered the United States through Buffalo, New York, and Champlain, New York, during the period from February 1974, to December 1974, inclusive. The United States Customs Service shall accept such protest as if it were filed in a timely fashion and shall review such protest in accordance with the otherwise applicable provisions of law. SEC. 2. SUSPENSION OF DUTY ON NATURAL GRAPHITE.

19 USC 1202 app. 19 USC 1202 app. note. 19 USC 1202 app. note.

19 USC 1514.

(a) Item 909.01 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out "6/30/78" and inserting in lieu thereof "6/30/81". (b) The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after June 30, 1978. (c) Upon request therefor filed with the customs officer concerned on or before the ninetieth day after the date of enactment of this Act, the entry of any article— (1) which was made on or after June 30, 1978, and before the date of enactment of this Act, and (2) with respect to which there would have been no duty if the amendment made by subsection (a) of this section applied to such entry shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930, or any other provisions of law, be liquidated or reliquidated as though such entry has been made on the date of enactment of this Act. Approved October 25, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1363 (Comm. on Ways and Means). SENATE REPORT No. 95-1114 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 124 (1978): Aug. 1, considered and passed House. Aug. 23, considered and passed Senate, amended. Oct. 10, House agreed to certain Senate amendments, disagreed to Senate amendment No. 2. Oct. 12, Senate receded from amendment No. 2.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/537

 PUBLIC LAW 95-517—OCT. 25, 1978

92 STAT. 1817

Public Law 95-517 95th Congress An Act To authorize the Secretary of the Armj' to return to the Federal Itepuhlic of Germany ten paintings of the German Navy seized by the United States Army at the end of World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Army is authorized to transfer to the Federal Republic of Germany, without compensation, title to, and custody of, ten paintings by the artist Claus Bergen depicting the German Navy that were seized from the German Government by the United States Army after World War II. SEC. 2. Xo funds of the United States may be expended in connection with any transportation or handling costs incident to the transfer authorized under the first section of this Act. Approved October 25, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1575 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 2, considered and passed House. Oct. 14, considered and passed Senate.

Oct. 25, 1978 [H.R. 11945]

Naval paintings, return to Federal Republic of Germany.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/538

 92 STAT. 1818

PUBLIC LAW 95-518—OCT. 25, 1978

Public Law 95-518 95th Congress An Act Oct. 25, 1978 [H.R. 12112]

Gathright Dam and Lake Moomaw, Va. Designation. 33 USC 701j.

Designating Gathright Lake on the Jackson River, Virginia, as Gathright Dam and Lake Moomaw.

Be it enacted fyy the Senate and House of Representatives of the United States of America in Congress assembled, That the Gathright Lake, Jackson River, Virginia project, authorized by the Flood Control Act of 1946, approved July 24, 1946, shall hereafter be known and designated as Gathright Dam and Lake Moomaw, and any law, regulation, map, document, or record of the United States in which such lake is designated or referred to as Gathright Lake or is referred to by any other name, shall be held and considered to refer to such lake under and by the name of Gathright Dam and Lake Moomaw. Approved October 25, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1094 (Coram, on Public Works and Transportation). SENATE REPORT No. 95-1165 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): May 15, considered and passed House. Sept. 6, considered and passed Senate, amended. Oct. 15, House agreed to Senate amendments.

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