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 PUBLIC LAW 9 4 - 2 2 3 — F E B. 27, 1976

90 STAT. 199

Public Law 94-223 94th Congress An Act To amend the National Wildlife Refuge System Administration Act of 1966, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of. America in Congress assembled, That subsection (a) of section 4 of the National Wildlife Eefuge System Administration Act of 1966 (16 U.S.C. 6 6 8 d d (a)) is amended to read as follows: " (a)(1) For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary of the Interior for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and Avildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the 'National Wildlife Refuge System' (referred to herein as the 'System'), which shall be subject to the provisions of this section, and shall be administered by the Secretary through the United States F i s h and Wildlife Service. W i t h respect to refuge lands in the State of Alaska, those programs relating to the management of resources for which any other agency of the Federal Government exercises administrative responsibility through cooperative agreement shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service, as long as such agency agrees to exercise such responsibility. " (2) No acquired lands which are or become a part of the System may be transferred or otherwise disposed of under any provision of law (except by exchange pursuant to subsection (b)(3) of this section) unless— " (A) the Secretary of the Interior determines with the approval of the Migratory Bird Conservation Commission that such lands are no longer needed for the purposes for which the System was established; and " (B) such lands are transferred or otherwise disposed of for an amount not less than— " (i) the acquisition costs of such lands, in the case of lands of the System which were purchased by the United States with funds from the migratory bird conservation fund, or fair market value, whichever is g r e a t e r; or " ( i i) the fair market value of such lands (as determined by the Secretary as of the date of the transfer or disposal), in the case of lands of the System which were donated to the System. The Secretary shall pay into the migratory bird conservation fund the aggregate amount of the proceeds of any transfer or disposal referred to in the preceding sentence. " (3) E a c h area which is included within the System on January 1, 1975, or thereafter, and which was or is— " (A) designated as an area within such System by law, Executive order, or secretarial o r d e r; or

Feb. 27, 1976 [H.R. 5512] National Wildlife Refuge System Administration Act of 1966, amendments.

Transfer or disposal of lands, restriction.

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 90 STAT. 200

PUBLIC LAW 94-223—FEB. 27, 1976 "(B) so included by public land withdrawal, donation, purchase, exchange, or pursuant to a cooperative agreement with any State or local government, any Federal department or agency, or any other governmental entity, shall continue to be a part of the System until otherwise specified by Act of Congress, except that nothing in this paragraph shall be construed as precluding— "(i) the transfer or disposal of acquired lands within any such area pursuant to paragraph (2) of this subsection; "(ii) the exchange of lands within any such area pursuant to subsection (b)(3) of this section; or "(iii) the disposal of any lands within any such area pursuant to the terms of any cooperative agreement referred to in subparagraph (B) of this paragraph.". Approved February 27, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-334 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-593 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 14, considered and passed House. Vol. 122 (1976): Feb. 4, considered and passed Senate, amended. Feb. 17, House concurred in Senate amendment.

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 PUBLIC LAW 94-224—FEB. 27, 1976

90 STAT. 201

Public Law 94-224 94th Congress Joint Resolution To extend the time period during which the President is authorized to call a White House Conference on Handicapped Individuals, and to extend the time period during which appropriated funds may be e'xpended.

Whereas the White House Conference on Handicapped Individuals Act (Public Law 93-516) authorized the President to call a White House Conference on Handicapped Individuals not later than two years after the date of enactment of such Act; and Whereas that Act authorized funds appropriated to carry out the White House Conference to remain available for expenditure until June 30, 1977; and Whereas that Act provided that the White House Conference be planned and conducted under the direction of a National Planning and Advisory Council, appointed by the Secretary of the Department of Health, Education, and Welfare; and Whereas the National Planning and Advisory Council has recommended that the convening of the White House Conference be postponed in order to assure sufficient time to develop and convene required State conferences, to assure ease in travel to the Conference by individuals with handicaps, and to assure more effective mobilization of national awareness regarding the problems faced by individuals with handicaps: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of ATYierica in Congress assembled, That the first sentence of section 302(a) of the White House Conference on Handicapped Individuals Act (Public Law 93-516) is amended to read as follows: "The President is authorized to call a White House Conference on Handicapped Individuals not later than three years from the date of enactment of this title in order to develop recommendations and stimulate a national assessment of problems, and solutions to such problems, facing individuals with handicaps.". SEC. 2. Section 306 of the White House Conference on Handicapped Individuals Act (Public Law 93-516) is amended by striking out "June 30, 1977" and inserting in lieu thereof "September 30, 1978". Approved February 27, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-822 (Comm. on Education and Labor). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 17, considered and passed Senate. Vol. 122 (1976): Feb. 17, considered and passed House.

Feb. 27, 1976 [SJ. Res. 154]

White House Conference on Handicapped Individuals Act, amendments. Time extension. 29 USC 701 note.

29 USC 701 note.

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 air. There are times, of course, when a "lifted" pass is necessary, for instance, when the line on the ice between the passer and the receiver is obstructed, but, otherwise, the "sliding" pass is advisable.

When two "wing" men play combination together, in an attack, the puck should scarcely ever be passed directly to each other, but should be aimed at the cushioned side of the rink, some distance in advance of the man, so that he may secure it on the rebound. The rink is so wide that it is difficult to pass the puck accurately from one side to the other, especially during a rush, so the above means is recommended.

When three or four forwards are making a rush, the puck should be held by one of the centre players until the cover point is reached, because in such a play the latter does not know to which man the rubber is to be passed, for it may be given to the right or the left wing or even to the other centre player, but when, in an attack, a wing man has the puck, the cover point knows that he must necessarily cross it out to the centre, and is prepared for the play.

When the forwards of a team are operating around their opponents' goals and cannot get an opening, it is sometimes advisable for them to slide the puck to their cover point if he is


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 90 STAT. 202

PUBLIC LAW 94-225—MAR. 4, 1976

^2R-4-

Public Law 94-225 94th Congress

 * ^l

An Act Mar. 4, 1976 [S. 2117]

Armed Forces. Marine Corps, Assistant Commandant. Repeal.

Disability retirement, review.

10 USC 1201. 10 USC 1202. 10 USC 1203.

10 USC 1216 note.

To amend section 5202 of title 10, United States Oode, relating to the detail, pay, and succession to duties of the Assistant Commandant of the Marine Corps and to amend title 10 of the United States Code in order to make certain disability retirement determinations by the Secretaries of the military departments subject to review by the Secretary of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection (d) of section 5202 of title 10, United States Code, is amended by striking out the colon after the word "Senate" and all that follows down through the word "appointment". (b) Subsection (e) of section 5202 of such title is repealed. SEC. 2. (a) Section 1216 of title 10, United States Code, is amended— (1) by striking out " The Secretary" in subsection (b) and inserting in lieu thereof "Except as provided in subsection (d) of this section, the Secretary"; and (2) by adding at the end thereof the following new subsection: " (d) The Secretary concerned may not, with respect to any member who is in pay grade 0 - 7 or higher or is a Medical Corps officer or medical officer of the A i r Force being processed for retirement under any provisions of this title by reason of age or length of service— " (1) retire such member under section 1201 of this title; " (2) place such member on the temporary disability retired list pursuant to section 1202 of t h i s title; or " (3) separate such member from an armed force pursuant to section 1203 of this title by reason of unfitness to perform the duties of his office, grade, rank, or r a t i n g unless the determination of the Secretary concerned with respect to unfitness is first approved by the Secretary of Defense on the recommendation of the Assistant Secretary of Defense for Health and Environment.". (b) The amendments made by subsection (a) of this section shall apply with respect to unfitness determinations made on or after the date of the enactment of this Act by the Secretaries of the military departments concerned for purposes of sections 1201, 1202, and 1203 of title 10, United States Code. Approved March 4, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-819 (Comm. on Armed Services). SENATE REPORT No. 94-561 (Comm. on Armed Services). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 17, considered and passed Senate. Vol. 122 (1976): Feb. 17, considered and passed House, amended. Feb. 23, Senate concurred in House amendments.

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 PUBLIC LAW 94-226—MAR. 9, 1976

90 STAT. 203

Public Law 94-226 94th Congress Joint Resolution Making supplemental appropriations for the Legislative Branch for the fiscal year ending June 30, 1976, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1976, and for other purposes, namely: SENATE ADMINISTRATIVE

Mar. 9, 1976 [H.J. Res. 811]

Legislative Branch, Supplemental appropriations.

PROVISION

(a) The Sergeant at Arms and Doorkeeper may fix the compensation of the Procurement Officer, Auditor, and Deputy Sergeant at Arms at not to exceed $39,909 per annum. This subsection does not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust the rate of compensation referred to in this subsection under section 4 of the Federal Pay Comparability Act of 1970. (h) Subsection (a) shall take effect on January 1, 1976, and, notwithstanding any other provision of law, any increase in compensation made under authority of such subsection may take effect on that date or any date thereafter as prescribed by the Sergeant at Arms and Doorkeeper at the time of making such increase. (c) Effective on the date of the enactment of this resolution the title of the Procurement Officer, Auditor, and Deputy Sergeant at Arms is changed to Deputy Sergeant at Arms and Doorkeeper.

2 USC 6 1 e - l. 2 USC 6 1 e - l note.

2 USC 60a note. 2 USC 6 1 e - l note.

2 USC 6 1 e - l note.

ARCHITECT OF THE CAPITOL LIBRARY or CONGRKSS JAMES MADISON MEMORIAL BUILDING

For an additional amount for "Library of Congress James Madison Memorial Building", $33,000,000, as authorized by the Act of October 19, 1965 (79 Stat. 986-987), as amended, to remain available until 2 USC 141 note, expended. Approved March 9, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-836 (Comm. on Appropriations). SENATE REPORT No. 94-676 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 24, considered and passed House. Mar. 2, considered and passed Senate, amended. Mar. 3, House concurred in Senate amendment.

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 90 STAT. 204

PUBLIC LAW 94-227—MAR. 11, 1976

Public Law 94-227 94th Congress Joint Resolution Mar. 11, 1976 [S.J. Res. 59]

International Petroleum Exposition, Tulsa, Okla. Participation.

Authorizing the President to Invite the States of the Union and foreign nations to participate in the International Petroleum Exposition to be held at Tulsa, Oklahoma, from May 16, 1976, through May 22, 1976.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and requested to invite by proclamation, or in such other manner as he may deem proper, the States of the Union and foreign nations to participate in the International Petroleum Exposition, to be held at Tulsa, Oklahoma, from May 16, 1976, through Ma^y 22, 1976, for the purpose of exhibiting machinery, equipment, supplies, and other products used in the production and marketing of oil and gas, and bringing together buyers and sellers for the promotion of foreign and domestic trade and commerce in such products. Approved March 11, 1976.

.:dwi,y d:

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-854 accompanying H.J. Res. 296 (Comm. on International Relations). SENATE REPORT No. 94-118 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 121 (1975): May 13, considered and passed Senate. Vol. 122 (1976): Mar. 1, considered and passed House, in lieu of H.J. Res. 296.

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 PUBLIC LAW 94-228—MAR. 11, 1976

90 STAT. 205

Public Law 94-228 94th Congress An Act To authorize and modify various Federal reclamation projects and programs, and for other purposes.

Mar. 11, 1976 [S. 151]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall Reclamation be known as the Reclamation Authorization Act of 1975. Authorization Act of 1975. TITLE I POLECAT B E N C H, WYOMING

SEC. 101. The Polecat Bench area of the Shoshone extensions unit, 43 USC heretofore authorized as an integral part of the Pick-Sloan Missouri 615kkkk. Basin program by the Act of December 22, 1944 (58 Stat. 887, 891), 33 USC 701-1. is hereby reauthorized as a part of that project. The construction, operation, and maintenance of the Polecat Bench area for the purposes of providing irrigation water for approximately nineteen thousand two hundred acres of land, municipal and industrial water supply, fish and wildlife conservation and development, public outdoor recreation, and other purposes shall be prosecuted by the Secretary of the Interior in accordance with the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal features of the Polecat Bench area shall include the Hoi den Reservoir, related canals, pumping plants, laterals, drains, and necessary facilities to effect the aforesaid purposes of the area. For a period of not more than two years after the initial availability of irrigation water up to two thousand two hundred and seventeen acres of public lands in the Polecat Bench area determined to be suitable for settlement purposes shall be made available, on a preference basis for exchange or amendment, to resident landowners on the Heart Mountain Division of the Shoshone project, who, on or before December 1, 1968, were determined by the Secretary to be eligible for such exchange or amendment of their farm units under provisions of the Act of August 13, 1953 (67 Stat. 566). 43 USC 451. SEC. 102. The conservation and development of the fish and wildlife 43 USC resources and the enhancement of recreation opportunities in con- 615kkkk-l. nection with the Polecat Bench area shall be in accordance with the Federal Water Project Recreation Act (79 Stat. 213), as amended. 16 USC 460/-12. SEC. 103. The Polecat Bench area of the Shoshone extensions unit 43 USC shall be integrated physically and financially with the other Federal 615kkkk-2. works constructed under the comprehensive plan approved by section 9^ of the Flood Control Act of December 22, 1944 (58 Stat. 887, 891), as amended and supplemented. Repayment contracts for the return of construction costs allocated to irrigation will be based on the water users' ability to repay as determined by the Secretary of the Interior; and the terms of such contracts shall not exceed fifty years following the permissible development period.

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 90 STAT. 2 0 6

PUBLIC LAW 94-228—MAR. 11, 1976

SKC. 104. The provisions of the t h i r d sentence of section 46 of the xVct of May 25, 1926 (44 Stat. 649, 650), and any other similar provisions of Federal reclamation laws as applied to the Polecat Bench area of the Shoshone extensions unit are hereby modified to provide that lands held in a single ownership which may be elitrible to receive water from, through, or by means of area works shall be limited to one hundred and sixty acres of class I land or the equivalent thereof in other land classes, as determined by the Secretary of the Interior. 43 USC SEC. 105. For a period of ten years from the date of enactment of 615kkkk-4. this title no water from the unit authorized by this title shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agri7 USC 1421 note. cultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section --iOl(b) (10) of the Agricultural Adjustment Act of 7 USC 1301. 1938 (52 Stat. 31, 41), as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. Interest rate. SEC. 106. The interest rate used for computing interest during con43 USC struction and interest on the unpaid balance of the reimbursable costs 615kkkk-5. of the Polecat Bench area shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the Polecat Bench area is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for fifteen years from date of issue. Appropriation SEC. 107. There is hereby authorized to be appropriated for conauthorization. struction of the Polecat Bench area of the Shoshone extensions unit the 43 USC sum of $46,000,000 ( January 1975 price levels), plus or minus such amounts, if any, as may be justified by reason of changes in construc615kkkk-6. tion costs as indicated by engineering cost indexes applicable to the types of construction involved and, in addition thereto, such sums as may be required for operation and maintenance of the works of said area. TITLE II 43 USC 615kkkk-3. 43 USC 423e.

lUCKIXSOX DAM, XORTII DAKOTA

SEC. 201. The Secretary of the Interior is authorized to modify the spillway of Dickinson Dam on the H e a r t River in the State of North Dakota, to increase conservation storage by installing gates on the existing spillway. The Secretary is also authorized to construct a new spillway to assure the safety of Dickinson Dam from floods currently estimated to be capable of occurrence. SEC. 202. The Secretary is authorized to enter into an amendatory repayment contract with the city of Dickinson, North Dakota, to accomplish the repayment of that portion of the cost of the work authorized herein properly allocable to municipal and industrial water supplies in not to exceed forty years from completion of construction: Provided. That the total cost of the new spillway and related works incurred for the safety of the structure shall be nonreimbursable and nonrotunuible.

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 PUBLIC LAW 94-228—MAR. 11, 1976

90 STAT. 207

SEC. 203. The interest rate used for purposes of computing interest Interest rate during construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the works authorized herein shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. SEC. 204. There is hereby authorized to be appropriated for con- Appropriation struction of works authorized by this title the sum of $4,000,000 authorization. (January 1975 price levels) plus or minus such amounts as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein. TITLE III MC KAY DAM AND RESERVOIR, OREGON

SEC. 301. McKay Dam and Reservoir, Umatilla project, Oregon, is hereby reauthorized for the purposes of irrigation, flood control, fish and wildlife, recreation, and safety of dams, and the costs thereof shall be reallocated among these purposes by the Secretary of the Interior (hereinafter referred to as the "Secretary"), in a manner consistent with the provisions of this title. SEC. 302, The Secretary is authorized to perform modifications to the spillway structure at McKay Dam as he determines to be reasonably required for safety of the dam from failure due to overtopping by potential flood inflows to the reservoir. SEC. 303. Not to exceed six thousand acre-feet of storage capacity in McKay Reservoir shall be allocated for the primary purpose of retaining and regulating flood flows. SEC. 304. Costs incurred in the modification of McKay Dam to insure its safety from failure shall be nonreimbursable and nonreturnable. All other costs of McKay Dam and Reservoir, her-etofore or hereinafter incurred, shall be allocated among the authorized purposes served by the dam and reservoir in accordance with standard cost allocation procedures, and the joint costs allocated to flood control, recreation, and fish and wildlife shall be nonreimbursable. SEC. 305. The Secretary is authorized to enter into amendatory repayment contracts with the Stanficlci and Westland Irrigation Districts, or other water user-s, if appropriate, to secure the return of reimbursable irrigation construction and operation and maintenance costs arising from the modification and reallocation of McKay Dam and Reservoir. SEC. 306, There is hereby authorized to be appropriated for modification of McKay Dam the sum of $1,300,000 (based on July 1975 prices), plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indexes applicable to the types of construction involved, and, in addition thereto sums as may be required for operation and maintenance of McKay Dam and Reservoir.

BQ-1Qil n _ 7 B

n* 1

17

43 USC 616ww.

43 USC 616ww-l.

43 USC 616WW-2.

43 USC 616ww-3.

43 USC 616ww-4,

Appropriation authorization.

43 USC 616ww-5,

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 90 STAT. 208

PUBLIC LAW 94-228—MAR. 11, 1976 TITLE IV POLLOCK-HERREID U N I T, SOUTH DAKOTA

SEC. 401. The Secretary of the Interior is hereby authorized to construct, operate, and maintain in accordance with the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) the Pollock-Herreid unit, South Dakota pumping division, Pick-Sloan Missouri Basin program, South Dakota, for the purposes of providing irrigation water service for approximately fifteen thousand acres of land, municipal and industrial water supply, and fish and wildlife conservation and development. The principal works of the project would include the main pumping plant located at Lake Oahe, the storage reservoir created by the existing Oahe Dam on the Missouri Eiver, to lift water into Lake Pocasse, a subimpoundment on tributary Spring Creek, which would serve as a regulating reservoir; a system of main canals and laterals; relift pumping plants; drains; and the necessary facilities to effect the aforesaid purposes of the area. 43 USC SEC. 402. The conservation and development of the fish and wildlife 6151111-1. resources in connection with the Pollock-Herreid unit shall be in accordance with the provisions of the Federal Water Project Recrea16 USC 460/-12 tion Act (79 Stat. 213) as amended. note. SEC. 403. The Pollock-Herreid unit shall be integrated physically 43 USC and financially with the other Federal works constructed under the 6151111-2. comprehensive plan approved by section 9 of the Flood Control Act of December 22, 1944 (58 Stat. 887, 891), as amended and supplemented. SEC. 404. For a period of ten years from the date of enactment of 43 USC this title no water from the unit authorized by this title shall be deliv6151111-S. ered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act 7 USC 1421 note. of 1949, or any amendment thereof, if the total supply of such a commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1^38 (52 7 USC 1301. Stat. 31, 41), as amended, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. Interest rate. SEC. 405. The interest rate used for computing interest during 43 USC construction and interest on the unpaid balance of the interest bearing 615llll-4>. reimbursable costs of the unit shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the unit is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due or callable for fifteen years from date of issue. SEC. 406. The provisions of the third sentence of section 46 of the 43 USC Act of May 25, 1926 (44 Stat. 649, 650), and any other similar pro61511U-5. visions of Federal reclamation laws as applied to the Pollock-Herreid 43 USC 423e. unit, South Dakota pumping division, are hereby modified to provide that lands held in a single ownership which may be eligible to receive water from, through, or by means of unit works shall be limited to one hundred and sixty acres of Class I land or the equivalent thereof in other land classes, as determined by the Secretary of the Interior. 43 USC 6151111.

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 PUBLIC LAW 94-228—MAR. 11, 1976 SEC. 407. There is hereby authorized to be appropriated for construction of the PoUock-Herreid unit, as authorized in this title, the sum of $26,000,000 (January 1975 price levels), plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein and, in addition thereto, such sums as may be required for operation and maintenance of the works of said unit. Approved March 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-694 accompanying H.R. 10537 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-350 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: VoL 121 (1975): Aug. 1, considered and passed Senate. Vol. 122 (1976): Jan. 20, considered and passed House, amended, in lieu of H.R. 10537 Feb. 25, Senate agreed to House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 11 (1976): Mar. 11, Presidential statement.

90 STAT. 209 Appropriation authorization, ^^ USC ol5////-6.

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 90 STAT. 210

PUBLIC LAW 94-229—MAR. 15, 1976

Public Law 94- 229 94th Congress An Act Mar. 15, 1976 [H.R. 7824]

Agricultural census. 13 USC 142.

13 USC 142 note.

To amend section 142 of title 13, United States Code, to change the date for taking censuses of agriculture, irrigation, and drainage, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 142 of title 13, United States Code, is amended to read as follows: "§ 142. Agriculture, irrigation, and drainage "(a) The Secretary shall in 1979, in 1983, and in every fifth year beginning after 1983, take a census of agriculture. "(b) In conjunction with the census to be taken under subsection (a) of this section in 1979, in 1988, and every tenth year beginning after 1988, the Secretary shall take a census of irrigation and drainage. "(c) The data collected in each of the censuses taken under this section shall relate to the year immediately preceding the year in which such census is taken.". SEC. 2. The statistical classification of farms in effect on January 1, 1975, with respect to censuses taken under section 142 of title 13, United States Code, shall be effective through June 30, 1976, and any statistical report issued on or before June 30, 1976, with respect to any such census shall reflect such classification, but may also include additional classifications as deemed appropriate by the Secretary. Approved March 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-821 (Comm. on Post Office and eivil Service). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 17, considered and passed House. Mar. 1, considered and passed Senate.

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 90 STAT. 2 1 1

PUBLIC LAW 9 4 - 2 3 0 — M A R. 15, 1976

Public Law 94-230 94th Congress An Act To amend the Rehabilitation Act of 1973 to extend the authorizations of appropriations contained in such Act. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled.)

Mar. 15, 1976 [H.R. 11045]

of the

SHORT TITLE

Rehabihtation Act Extension of 1976.

SECTION 1. This Act may be cited as the "Rehabilitation Act Exten- 29 USC 701 note, sion of 1976". EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR VOCATIONAL REHABILITATION SERVICES

SEC. 2. (a)(1) Section 100(b)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 7 2 0 (b)(1)) (hereinafter in this Act referred to as the " Act ") is amended by striking out " and " immediately after "1975," and by inserting inniiediately before the period at the end thereof the following: ", and $740,000,000 for the fiscal year ending September 30, 1977". (2) Section 100(b)(2) of the Act (29 U.S.C. 720(b)(2)) is amended by striking out " and " immediately after "1975," and by inserting immediately after "1976" the following: ", and $25,000,000 for the fiscal year ending September 30, 1977". (b)" Section 112(a) of the Act (29 U.S.C. 7 3 2 (a)) is amended by striking out " and " immediately after "1975," and by inserting immediately after "1976," the following: "and up to $2,500,000 but no less than $1,000,000 for the fiscal year ending September 30, 1977,". (c) Section 121(b) of the Act (29 U.S.C. 741(b)) is amended by striking out " June 30, 1977" and inserting in lieu thereof "September 30, 1979". EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH AND TRAINING

SEC. 3. (a) Section 2 0 1 (a)(1) of the Act (29 U.S.C. 7 6 1 (a)(1)) is amended by striking out " and " immediately after "1975," and by inserting immediately after "1976" the following: ", and $30,000,000 for the fiscal year ending September 30, 1977". (b) Section 201(a)(2) of the Act (29 U.S.C. 761 (a)(2)) is amended by striking out " and " immediately after "1975," and by inserting immediately after "1976" the following: ", and $25,000,000 for the fiscal year ending September 30, 1977". EXTENSION o r AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR CONSTRUCTION OF REHABILITATION FACILITIES

SEC. 4. (a) Section 301(a) of the Act (29 U.S.C. 771 (a)) is amended by striking out " and " immediately after "1975," and by inserting immediately before the period at the end thereof the following: ", and September 30, 1977".

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 90 STAT. 212

PUBLIC LAW 94-230—MAR. 15, 1976 (b) The last sentence of section 301(a) of the Act (29 U.S.C. 771 (a)) is amended by striking out "July 1, 1978" and inserting in lieu thereof "October 1, 1980". EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR VOCATIONAL TRAINING SERVICES FOR HANDICAPPED INDIVIDUALS

SEC. 5. Section 302(a) of the Act (29 U.S.C. 772(a)) is amended by striking out "and" immediately after "1975," and by inserting immediately before the period at the end thereof the following: ", and September 30, 1977".

•' J,.,,:; •••

.

EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR SPECIAL PROJECTS AND DEMONSTRATIONS

SEC. 6. Section 304(a)(1) of the Act (29 U.S.C. 774(a)(1)) is amended by striking out "and" immediately after "1975" and by inserting immediately after "1976" the following: ", and such sums as may be necessary for the fiscal year ending September 30, 1977". EXTENSION o r AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL CENTER FOR DEAF-BLIND YOUTHS AND ADULTS

SEC. 7. Section 305(a) of the Act (29 U.S.C. 775(a)) is amended by striking out "and" immediately after "1975," and by inserting immediately before the period at the end thereof the following: ", and September 30, 1977". EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR PROGRAMS AND PROJECT EVALUATION

SEC. 8. Section 403 of the Act (29 U.S.C. 783) is amended by striking out "and" immediately after "1975," and by inserting immediately after "1976," the following: "and September 30, 1977,". EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR SECRETARIAL RESPONSIBILITIES

SEC. 9. Section 405(d) of the Act (29 U.S.C. 785(d)) is amended by striking out "and" immediately after "1975," and by inserting immediately before the period at the end thereof the following: ", and $600,000 for the fiscal year ending September 30, 1977". EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

SEC. 10. Section 502(h) of the Act (29 U.S.C. 792(h)) is amended by striking out "and" immediately after "1975," and by inserting immediately before the period at the end thereof the following: ", and $1,500,000 for the fiscal year ending September 30, 1977".

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 PUBLIC LAW 94-230—MAR. 15, 1976

90 STAT. 213

CONTIlSrGENT EXTENSION OF PROGRAMS

SEC. 11. (a) Unless the Congress, before April 15, 1977, has passed 29 USC 720 note, legislation which would have the effect of extending the authorization of each program and activity the authorization for which is extended through the fiscal year ending September 30, 1977, by the amendments made by section 2 through section 10, each such authorization shall be automatically extended through the fiscal year ending September 30, 1978, in accordance with the amendments made by subsection (b). (b)(1) The amendments made by this subsection shall take effect Effective date. at the close of April 15, 1977, unless the Congress has passed legislation in accordance with the provisions of subsection (a). (2) SectionlOO(b)(l) of theAct (29 U.S.C. 720(b)(1)) is amended by striking out "and" immediately after "1976," and by inserting immediately before the period at the end thereof the following: ", and $760,000,000 for the fiscal year ending September 30, 1978". (3) Section 100(b)(2) of the Act (29 U.S.C. 720(b)(2)) is amended by striking out "year ending September 30, 1977" and inserting in lieu thereof "years ending September 30, 1977, and September 30, 1978". (4) Section 112(a) of the Act (29 U.S.C. 732(a)) is amended by striking out "and" immediately after "1976," and by inserting immediately after "1977," the following: "and up to $2,500,000 but no less than $1,000,000 for the fiscal year ending September 30, 1978,". (5) Section 201(a)(1) of theAct (29 U.S.C. 761(a)(1)) is amended by striking out "year ending September 30, 1977" and inserting in lieu thereof "years ending September 30, 1977, and September 30, 1978". (6) Section 201(a)(2) of the Act (29 U.S.C. 761(a)(2)) is amended by striking out "and" immediately after "1976," and by inserting immediately after "1977" the following: ", and $30,000,000 for the fiscal year ending September 30, 1978". (7)'Section 301(a) of the Act (29 U.S.C. 771(a)) is amended by striking out "and" immediately after "1976," and by inserting immediately before the period at the end thereof the following: ", and September 30, 1978". (8) Section 302(a) of the Act (29 U.S.C. 772(a)) is amended by striking out "and" immediately after "1976," and by inserting immediately before the period at the end thereof the following: ", and September 30, 1978". (9) Section 304(a)(1) of the Act (29 U.S.C. 774(a)(1)) is amended by striking out "year ending September 30, 1977" and inserting in lieu thereof "years ending September 30, 1977, and September 30, 1978". (10) Section 305(a) of the Act (29 U.S.C. 775(a)) is amended by striking out "and" immediately after "1976," and by inserting immediately before the period at the end thereof the following: ", and September 30, 1978". (11) Section 403 of the Act (29 U.S.C. 783) is amended by striking out "and" immediately after "1976," and by inserting immediately after "1977," the following: "and September 30, 1978,". (12) Section 405(d) ot the Act (29 U.S.C. 785(d)) is amended by striking out "year ending September 30, 1977" and inserting in lieu thereof "years ending September 30, 1977, and September 30, 1978".

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 90 STAT. 214

PUBLIC LAW 94-230—MAR. 15, 1976

(13) Section 502(h) of the Act (29 U.S.C. 792(h)) is amended by .. striking out "year ending September 30, 1977" and inserting in lieu thereof "years ending September 30, 1977, and September 30, 1978". 29 USC 720 note. (c) For purposes of this section, the Congress shall not have been deemed to have passed legislation unless such legislation becomes law. Approved March 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-721 (Comm. on Education and Labor) and No. 94-809 (Committee of Conference). SENATE REPORT No. 94-630 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 15, considered and passed House. Dec. 19, considered and passed Senate, amended, in lieu of S. 2807. Vol. 122 (1976): Feb. 17, House agreed to conference report. Mar. 2, Senate agreed to conference report.

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 PUBLIC LAW 94-231—MAR. 15, 1976

90 STAT. 215

Public Law 94-231 94th Congress An Act To clarify the authority of the Secretary of Agriculture to control and eradicate plant pests, and for other purposes.

Mar. 15, 1976 [S. 1617]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 102 of Plant pests, the Act of September 21, 1944 (58 Stat. 735, as amended; 7 U.S.C. control and eradication. 147a), is amended to read as follows: "SEC. 102. (a) The Secretary of Agriculture, either independently or in cooperation with States or political subdivisions thereof, farmers' associations and similar organizations, and individuals, is authorized to carry out operations or measures to detect, eradicate, suppress, control, or to prevent or retard the spread of plant pests. "(b) The Secretary of Agriculture is further authorized to cooperate with the governments of all countries of the Western Hemisphere, or the local authorities thereof, and with international organizations or associations, in carrying out necessary surveys and control operations in those countries in connection with the detection, eradication, suppression, control, and prevention or retardation of the spread of plant pests. "(c) In performing the operations or measures herein authorized, the cooperating foreign country. State, or local agency shall be responsible for the authority necessary to carry out the operations or measures on all lands and properties within the foreign country or State other than those owned or controlled by the Federal Government and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. "(d) As used in this section— Definitions. "(1) 'plant pest' means any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, ' bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants; "(2) 'living stage' includes the &gg, pupal, and larval stages as well as any other living stage; and "(3) 'State' includes the District of Columbia and the territories and possessions of the United States. " (e) The Secretary of Agriculture is authorized to promulgate such Rules and rules and regulations and use such means as he may deem necessary to regulations, provide for the inspection of plants and plant products offered for export or transiting the United States and to certify to shippers and interested parties as to the freedom of such products from plant pests according to the phytosanitary requirements of the foreign countries to which such products may be exported, or to the freedom from exposure to plant pests while in transit through the United States.

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 90 STAT. 216 Appropriation authorization.

Repeal.

'

PUBLIC LAW 94-231—MAR. 15, 1976 "(f) There are hereby authorized to be appropriated such sums as Secretary of Agriculture to carry out the provisions of this section. Unless otherwise specifically authorized, or provided for in appropriations, no part of such sums shall be used to pay the cost or value of property injured or destroyed.". SEC. 2. The material appearing under the head "FEDERAL HORTICULTURAL BOARD" in section 1 of the Act of October 6, 1917 (40 Stat. 374; 7 U.S.C. 145), is hereby repealed. SEC. 3. Section 1 of the Act of February 28, 1947 (61 Stat. 7, as amended; 21 U.S.C. 114b), is amended by (1) inserting in the first sentence after the words "any communicable disease of animals" the words "or vectors thereof"'; (2) inserting after "Canada" a comma and "the Bahama Islands, the Greater Antilles, and the Lesser Antilles, and with international organizations or associations"; and (3) by deleting "British Honduras" and inserting in lieu thereof "Belize". Approved March 15, 1976.
 * -j^g Congress may annually determine to be necessary to enable the

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-613 (Comm. on Agriculture) and No. 94-813 (Comm. of Conference). SENATE REPORT No. 94-370 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD: Vol. 121 (1975): Sept. 16, considered and passed Senate. Nov. 4, considered and passed House, amended. Vol. 122 (1976): Feb. 18, House agreed to conference report. Mar. 2, Senate agreed to conference report.

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 PUBLIC LAW 94-232—MAR. 15, 1976

90 STAT. 217

Public Law 94-232 94th Congress An Act To increase the temporary debt limit, and for other purposes.

Mar. 15, 1976 [H.R. 11893]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That during the Public debt limit. period beginning on the date of the enactment of this Act and ending Temporary on June 30, 1976, the public debt limit set forth in the first sentence increase. of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) shall be 31 USC 757b note. temporarily increased by $227,000,000,000. Repeal; effective SEC. 2. Effective on the date of the enactment of this Act, the first date. section of the Act of November 14, 1975, entitled "An Act to increase 31 USC 757b the temporary debt limitation until March 15, 1976" (Public Laiv note. &9 Stat. 693. 94—132), is hereby repealed. SEC. 3. (a) The last sentence of the second paragraph of the first section of the Second Liberty Bond Act (31 U.S.C. 752) is amended by striking out "$10,000,000,000" and inserting in lieu thereof "$12,000,000,000". (b) Section 18(a) of the Second Liberty Bond Act (31 U.S.C. 753) is amended by striking out "seven years" and inserting in lieu thereof "ten years". SEC. 4. Section 22(b)(1) of the Second Liberty Bond Act (31 U.S.C. U.S. savings 757c(b)) is amended by adding at the end thereof the following new bonds, interest sentence: "The investment yield on series E savings bonds shall in no rate. case be less than 4 per centum per annum compounded semiannually for the period beginning on the first day of the calendar month following the date of issuance (or, beginning on October 1, 1976, if later) and ending on the last day of the calendar month preceding the date of redemption.". Approved March 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-837 (Comm. on Ways and Means). SENATE REPORT No. 94-687 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 25, considered and passed House. Mar. 11, considered and passed Senate.

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 PUBLIC LAW 94-233—MAR. 15, 1976

Public Law 94-233 94th Congress

An Act

To establish an independent and regionalized United States Parole Commission, to provide fair and equitable parole procedures, and for other purposes.

90 STAT. 219

Mar. 15, 1976 [H.R. 5727]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Parole Commission be cited as the "Parole Commission and Reors^anization Act". UNITED STATES PAROLE COMMISSION; PAROLE PROCEDURES, CONDITIONS, ETC.

SEC. 2. Title 18 of the United States Code is amended by repealing chapter 311 (relating to parole) and inserting in lieu thereof the following new chapter to read as follows:

and Reorganization Act

18 USC 4201 note. Repeal.

"Chapter 311—PAROLE "Sec. "4201. "4202. "4203. "4204. "4205. "4206. "4207. "4208. "4209. "4210. "4211. "4212. "4213. "4214. "4215. "4216. "4217. "4218.

Definitions. Parole Commission created. Powers and duties of the Commission. Powers and duties of the Chairman. Time of eligibility for release on parole. Parole determination criteria. Information considered. Parole determination proceeding; time. Conditions of parole. Jurisdiction of Commission. Early termination of parole. Aliens. Summons to appear or warrant for retaking of parolee. Revocation of parole. Reconsideration and appeal. Young adult offenders. Warrants to retake Canal Zone parole violators, Applicability of Administrative Procedure Act.

"§4201. Definitions "As used in this chapter— "(1) 'Commission' means the United States Parole Commission; "(2) 'Commissioner' means any member of the United States Parole Commission; " (3) 'Director' means the Director of the Bureau of Prisons; "(4) 'Eligible prisoner' means any Federal prisoner who is eligible for parole pursuant to this title or any other law including any Federal prisoner whose parole has been revoked and who is not otherwise ineligible for parole; " (5) 'Parolee' means any eligible prisoner who has been released on parole or deemed as if released on parole under section 4164 or section 4205(f); and "(6) 'Rules and regulations'means rules and regulations promulgated by the Commission pursuant to section 4203 and section 553 of title 5, United States Code. "§ 4202. Parole Commission created "There is hereby established, as an independent agency in the Department of Justice, a United States Parole Commission which shall

18 USC 4201.

18 USC 4164.

18 USC 4202. Membership.

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 90 STAT. 220

Term.

Compensation. 5 USC 5332 note. 18 USC 4203.

Rules and regulations.

Review.

PUBLIC LAW 94-233—MAR. 15, 1976 be comprised of nine members appointed by the President, by and with the advice and consent of the Senate. The President shall designate from among the Commissioners one to serve as Chairman. The term of office of a Commissioner shall be six years, except that the term of a person appointed as a Commissioner to fill a vacancy shall expire six years from the date upon which such pereon was appointed and qualified. Upon the expiration of a term of office of a Commissioner, the Commissioner shall continue to act until a successor has been appointed and qualified, except that no Commissioner may serve in excess of twelve years. Commissioners shall be compensated at the highest rate now or hereafter prescribed for grade 18 of the General Schedule pay rates (5 U.S.C. 5332). "§ 4203. Powers and duties of the Commission " (a) The Commission shall meet at least quarterly, and by majority vote shall— "(1) promulgate rules and regulations establishing guidelines for the powers enumerated in subsection (b) of this section and such other rules and regulations as are necessary to carry out a national parole policy and the purposes of this chapter; "(2) create such regions as are necessary to carry out the provisions of this chapter, but in no event less than five; and "(3) ratify, revise, or den;^ any request for regular, supplemental, or deficiency appropriations, prior to the submission of the requests to the Office of Management and Budget by the Chairman, which requests shall be separate from those of any other agency of the Department of Justice. "(b) The Commission, by majority vote, and pursuant to the procedures set out in this chapter, shall have the power to— " (1) grant or deny an application or recommendation to parole any eligible prisoner; " (2) impose reasonable conditions on an order granting parole; " (3) modify or revoke an order paroling any eligible prisoner; and "(4) request probation officers and other individuals, organizations, and public or private agencies to perform such duties with respect to any parolee as the Commission deems necessary for maintaining proper supervision of and assistance to such parolees; and so as to assure that no probation officers, individuals, organizations, or agencies shall bear excessive caseloads. "(c) The Commission, by majority vote, and pursuant to rules and regulations— " (1) may delegate to any Commissioner or commissioners powers enumerated in subsection (b) of this section; "(2) may delegate to hearing examiners any powers necessary to conduct hearings and proceedings, take sworn testimony, obtain and make a record of pertinent information, make findings of probable cause and issue subpenas for witnesses or evidence in parole revocation proceedings, and recommend disposition of any matters enumerated in subsection (b) of this section, except that any such findings or recommendations shall be based upon the concurrence of not less than two hearing examiners; "(3) may delegate authority to conduct hearings held pursuant to section 4214 to any officer or employee of the executive or judicial branch of Federal or State government; and "(4) may review, or may delegate to the National Appeals Board the power to review, any decision made pursuant to subparagraph (1) of this subsection except that any such decision

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 PUBLIC LAW 94-233—MAR. 15, 1976 so reviewed must be reaffirmed, modified or reversed within thirty days of the date the decision is rendered, and, in case of such review, the individual to whom the decision applies shall be informed in writing of the Commission's actions with respect thereto and the reasons for such actions. "(d) Except as otherwise provided by law, any action taken by the Commission pursuant to subsection (a) of this section shall be taken by a majority vote of all individuals currently holding office as members of the Commission which shall maintain and make available for public inspection a record of the final vote of each member on statements of policy and interpretations adopted by it. In so acting, each Commissioner shall have equal responsibility and authority, shall have full access to all information relating to the performance of such duties and responsibilities, and shall have one vote. "(a) The Chairman shall— "(1) convene and preside at meetings of the Commission pursuant to section 4203 and such additional meetings of the Commission as the Chairman may call or as may be requested in writing by at least three Commissioners; "(2) appoint, fix the compensation of, assign, and supervise all personnel employed by the Commission except that— "(A) the appointment of any hearing examiner shall be subject to approval of the Commission within the first year of such hearing examiner's employment; and "(B) regional Commissioners shall appoint and supervise such personnel employed regularly and full time in their respective regions as are compensated at a rate up to and including grade 9 of the General Schedule pay rates (5 U.S.C. 5332); "(3) assign duties among officers and employees of the Commission, including Commissioners, so as to balance the workload and provide for orderly administration; "(4) direct the preparation of requests for appropriations for the Commission, and the use of funds made available to the Commission; "(5) designate three Commissioners to serve on the National Appeals Board of whom one shall be so designated to serve as vice chairman of the Commission (who shall act as Chairman of the Commission in the absence or disability of the Chairman or in the event of the vacancy of the Chairmanship), and designate, for each such region established pursuant to section 4203, one Commissioner to serve as regional Commissioner in each such region; except that in each such designation the Chairman shall consider years of service, personal preference and fitness, and no such designation shall take effect unless concurred in by the President, or his designee; "(6) serve as spokesman for the Commission and report annually to each House of Congress on the activities of the Commission; and "(7) exercise such other powers and duties and perform such other functions as may be necessary to carry out the purposes of this chapter or as may be provided under any other provision of law. "(b) The Chairman shall have the power to— "(1) without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529), enter into and perform
 * § 4204. Powers and duties of the Chairman

90 STAT. 221

18 USC 4204.

5 USC 5332 note.

Report to Congress, "

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 9 0 STAT. 222

18 USC 4205.

V

'

PUBLIC LAW 9 4 - 2 3 3 — M A R. 15, 1976

such contracts, leases, cooperative agreements, and other transactions as may be necessary in the conduct of the functions of the Commission, with any public agency, or with any person, firm, association, corporation, educational institution, or nonprofit organization; " (2) accept voluntary and uncompensated services, notwithstanding the provisions of section 3679 of the Revised Statutes of the United States (31 U.S.C. 665(b)); " (3) procure for the Commission temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code; " (4) collect systematically the data obtained from studies, research, and the empirical experience of public and private agencies concerning the parole process; " (5) carry out programs of research concerning the parole process to develop classification systems which describe types of offenders, and to develop theories and practices which can be applied to the different types of offenders; " (6) publish data concerning the parole process; " (7) devise and conduct, in various geographical locations, seminars, workshops and t r a i n i n g programs providing continuing studies and instruction for personnel of Federal, State and local agencies and private and public organizations working with parolees and connected with the parole process; and " (8) utilize the services, equipment, personnel, information, facilities, and instrumentalities with or without reimbursement therefor of other Federal, State, local, and private agencies w i t h their consent. " (c) I n carrying out his functions under this section, the Chairman shall be governed by the national parole policies promulgated by the Commission. "§ 4205. Time of eligibility for release on parole " (a) Whenever confined and serving a definite term or terms of more than one year, a prisoner shall be eligible for release on parole after serving one-third of such term or terms or after serving ten years of a life sentence or of a sentence of over thirty years, except to the extent otherwise provided by law. " (b) Upon entering a judgment of conviction, the court having jurisdiction to impose sentence, when in its opinion the ends of justice and best interest of the public require that the defendant be sentenced to imprisonment for a term exceeding one year, may (1) designate in the sentence of imprisonment imposed a minimum term at the expiration of which the prisoner shall become eligible for parole, which term may be less than but shall not be more than one-third of the maximum sentence imposed by the court, or (2) the court may fix the maximum sentence of imprisonment to be served in which event the court may specify that the prisoner may be released on parole at such time as the Commission may determine. " (c) I f the court desires more detailed information as a basis for determining the sentence to be imposed, the court may commit the defendant to the custody of the Attorney General, which commitment shall be deemed to be for the maximum sentence of imprisonment prescribed by law, for a study as described in subsection (d) of this section. The results of such study, together with any recommendations which the Director of the Bureau of Prisons believes would be helpful in determining the disposition of the case, shall be furnished to the court within three months unless the court g r a n t s time, not to exceed

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 PUBLIC LAW 94-233—MAR. 15, 1976 an additional three months, for further study. After receiving such reports and recommendations, the court may in its discretion: (1) pJace the offender on probation as authorized by section 3651; or (2) affirm the sentence of imprisonment originally imposed, or reduce the sentence of imprisonment, and commit the offender under any applicable provision of law. The term of the sentence shall run from the date of original commitment under this section. "(d) Upon commitment of a prisoner sentenced to imprisonment under the provisions of subsections (a) or (b) of this section, the Director, under such regulations as the Attorney General may prescribe, shall cause a complete study to be made of the prisoner and shall furnish to the Commission a summary report together with any recommendations which in his opinion would be helpful in determining the suitability of the prisoner for parole. This report may include but shall not be limited to data regarding the prisoner's previous delinquency or criminal experience, pertinent circumstances of his social background, his capabilities, his mental and physical health, and such other factors as may be considered pertinent. The Commission may make such other investigation as it may deem necessary. "(e) Upon request of the Commission, it shall be the duty of the various probation officers and government bureaus and agencies to furnish the Commission information available to such officer, bureau, or agency, concerning any eligible prisoner or parolee and whenever not incompatible with the public interest, their views and recommendation with respect to any matter within the jurisdiction of the Commission. "(f) Any prisoner sentenced to imprisonment for a term or terms of not less than six months but not more than one year shall be released at the expiration of such sentence less good time deductions provided by law, unless the court which imposed sentence, shall, at the time of sentencing, provide for the prisoner's release as if on parole after service of one-third of such term or terms notwithstanding the provisions of section 4164. This subsection shall not prevent delivery of any person released on parole to the authorities of any State otherwise entitled to his custody. "(g) At any time upon motion of the Bureau of Prisons, the court may reduce any minimum term to the time the defendant has served. The court shall have jurisdiction to act upon the application at any time and no hearing shall be required. "(h) Nothing in this chapter shall be construed to provide that a,ny prisoner shall be eligible for release on parole if such prisoner is ineligible for such release under any other provision of law. "§ 4206. Parole determination criteria "(a) If an eligible prisoner has substantially observed the rules of the institution or institutions to which he has been confined, and if the Commission, upon consideration of the nature and circumstances of the offense and the history and characteristics of the prisoner, determines: "(1) that release would not depreciate the seriousness of his offense or promote disrespect for the law; and "(2) that release would not jeopardize the public welfare; subject to the provisions of subsections (b) and (c) of this section, and pursuant to guidelines promulgated by the Commission pursuant to section 4203(a)(1), such prisoner shall be released. "(b) The Commission shall furnish the eligible prisoner with a written notice of its determination not later than twenty-one days,

90 STAT. 223

18 USC 3651.

Study and report,

^,;c

18 USC 4164.

'

18 USC 4206.

' ^'

Written notice,

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 well advanced towards the middle of the rink, because this will probably coax out the defence, and the change of positions may create the desired effect.

One of the most successful, and, perhaps, the most neglected of combination plays is the following: when a player secures the puck behind or to the side of his opponents' goals, he should, if he has time, slide it to his assistant who is in the best position to receive it, or, if not, to the side where he knows that one of his men, by a preconcerted, practiced arrangement, awaits it, but he should never send it, with a blind, trust-to-luck shot directly in front of the goals, because the point and cover point should be, and usually are, stationed there. This simple play is often attended with great success. To guard against this play the defence men and forwards of the attacked goals should see that, when the puck is around the goal line, each of their opposing forwards is carefully checked.

Each player should be careful to remain in his own position, and in order to acquire the habit of so doing, every man should make it a point in each practice, however unimportant, to cling to the particular position on the team which he is intended to fill. It is a grievous mistake for a wing man to leave his position


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 90 STAT. 224

18 USC 4207.

18 USC 4208.

Waiver. Written notice; report.

Waiver.

PUBLIC LAW 94-233—MAR. 15, 1976 excluding holidays, after the date of the parole determination proceeding. If parole is denied such notice shall state with particularity the reasons for such denial. "(c) The Commission may grant or deny release on parole notwithstanding the guidelines referred to in subsection (a) of this section if it determines there is good cause for so doing: Provided, That the prisoner is furnished written notice stating with particularity the reasons for its determination, including a summary of the information relied upon. "(d) Any prisoner, serving a sentence of five years or longer, who is not earlier released under this section or any other applicable provision of law, shall be released on parole after having served twothirds of each consecutive term or terms, or after serving thirty years of each consecutive term or terms of more than forty-five years including any life term, whichever is earlier: Provided, however, That the Commission shall not release such prisoner if it determines that he has seriously or frequently violated institution rules and regulations or that there is a reasonable probability that he will commit any Federal, State, or local crime. "§4207. Information considered "In making a determination under this chapter (relating to release on parole) the Commission shall consider, if available and relevant: " (1) reports and recommendations which the staff of the facility in which such>prisoner is confined may make; "(2) official reports of the prisoner's prior criminal record, including a report or record of earlier probation and parole experiences; "(3) presentence investigation reports; "(4) recommendations regarding the prisoner's parole made at the time of sentencing by the sentencing judge; and "(5) reports of physical, mental, or psychiatric examination of the offender. There shall also be taken into consideration such additional relevant information concerning the prisoner (including information submitted by the prisoner) as may be reasonably available. "§4208. Parole determination proceeding; time "(a) In making a determination under this chapter (relating to parole) the Commission shall conduct a parole determination proceeding unless it determines on the basis of the prisoner's record that the prisoner will be released on parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole pursuant to subsections (a) and (b)(1) of section 4205 shall be held not later than thirty days before the date of such eligibility for parole. Whenever feasible, the initial parole determination proceeding for a prisoner eligible for parole pursuant to subsection (b)(2) of section 4205 or released on parole and whose parole has been revoked shall be held not later than one hundred and twenty days following such prisoner's imprisonment or reimprisonment in a Federal institution, as the case may be. An eligible prisoner may knowingly and intelligently waive any proceeding. "(b) At least thirty days prior to any parole determination proceeding, the prisoner shall be provided with (1) written notice of the time and place of the proceeding, and (2) reasonable access to a report or other document to be used by the Commission in making its determination. A prisoner may waive such notice, except that if notice is not waived the proceeding shall be held during the next regularly

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 PUBLIC LAW 94-233—MAR. 15, 1976

90 STAT. 225

scheduled proceedings by the Commission at the institution in which the prisoner is confined. "(c) Subparagraph (2) of subsection (b) shall not apply to— "(1) diagnostic opinions which, if made known to the eligible prisoner, could lead to a serious disruption of his institutional program; "(2) any document which reveals sources of information obtained upon a promise of confidentiality; or "(3) any other information which, if disclosed, might result in harm, physical or otherwise, to any person. If any document is deemed by either the Commission, the Bureau of l^risons, or any other agency to fall within the exclusionary provisions of subparagraphs (1), (2), or (3) of this subsection, then it shall become the duty of the Commission, the Bureau, or such other agency, as the case may be, to summarize the basic contents of the material withheld, bearing in mind the need for confidentiality or the impact on the inmate, or both, and furnish such summary to the inmate. "(d)(1) During the period prior to the parole determination proceeding as provided in subsection (b) of this section, a prisoner may consult, as provided by the director, with a representative as referred to in subparagraph (2) of this subsection, and by mail or otherwise with any person concerning such proceeding. "(2) The prisoner shall, if he chooses, be represented at the parole determination proceeding by a representative who qualifies under rules and regulations promulgated by the Commission. Such rules shall not exclude attorneys as a class. "(e) The prisoner shall be allowed to appear and testify on his own behalf at the parole determination proceeding. "(f) A full and complete record of every proceeding shall be Record retention. retained by the Commission. Upon request, the Commission shall make available to any eligible prisoner such record as the Commission may retain of the proceeding. "(g) If parole is denied, a personal conference to explain the Parole denial, reasons for such denial shall be held, if feasible, between the prisoner conference. and the Commissioners or examiners conducting the proceeding at the conclusion of the proceeding. When feasible, the conference shall include advice to the prisoner as to what steps may be taken to enhance his chance of being released at a subsequent proceeding. "(h) In any case in which release on parole is not granted, subsequent parole determination proceedings shall be held not less frequently than: "(1) eighteen months in the case of a prisoner with a term or terms of more than one year but less than seven years; and "(2) twenty-four months in the case of a prisoner with a terra or teiTOS of seven years or longer. "§ 4209. Conditions of parole 18 USC 4209. "(a) In every case, the Commission shall impose as a condition of parole that the parolee not commit another Federal, State, or local crime. The Commission may impose or modify other conditions of parole to the extent that such conditions are reasonably related to— "(1) the nature and circumstances of the offense; and " (2) the history and characteristics of the parolee; and may provide for such supervision and other limitations as are reasonable to protect the public welfare. "(b) The conditions of parole should be sufficiently specific to serve as a guide to supervision and conduct, and upon release on parole the parolee shall be given a certificate setting forth the conditions of his

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Page:United States Statutes at Large Volume 90 Part 1.djvu/276

 9 0 STAT. 226

18 USC 4251. 18 USC 4255.

Petition.

18 USC 4210. .;

PUBLIC LAW 9 4 - 2 3 3 — M A R. 15, 1976 parole. A n effort shall be made to make certain that the parolee understands the conditions of his parole. " (c) Release on parole or release as if on parole may as a condition of such release require— " (1) a parolee to reside in or participate in the program of a residential community treatment center, or both, for all or part of the period of such parole; " (2) a parolee, who is an addict within the meaning of section 4251(a), or a d r u g dependent person within the meaning of section 2(q) of the Public Health Service Act, as amended (42 U. S. C 201), to participate in the community supervision programs authorized by section 4255 for all or part of the period of parole. A parolee residing in a residential community treatment center pursuant to subparagraph (1) or (2) of this subsection, may be required to pay such costs incident to residence as the Commission deems appropriate. " (d)(1) The Commission may modify conditions of parole pursuant to this section on its own motion, or on the motion of a United States probation officer supervising a parolee: Provided, That the parolee receives notice of such action and has ten days after receipt of such notice to express his views on the proposed modification. Following such ten-day period, the Commission shall have twenty-one days, exclusive of holidays, to act upon such motion or application. " (2) A parolee may petition the Commission on his own behalf for a modification of conditions pursuant to this section. " (3) The provisions of this subsection shall not apply to modifications of parole conditions pursuant to a revocation proceeding under section 4214. "§ 4210. Jurisdiction of Commission " (a) A parolee shall remain in the legal custody and under the control of the Attorney General, until the expiration of the maximum term or terms for which such parolee was sentenced. " (b) Except as otherwise provided in this section, the jurisdiction of the Commission over the parolee shall terminate no later than the date of the expiration of the maximum term or terms for which he was sentenced, except that— " (1) such jurisdiction shall terminate at an earlier date to the extent provided under section 4164 (relating to mandatory release) or section 4211 (relating to early termination of parole supervision), and " (2) in the case of a parolee who has been convicted of a Federal, State, or local crime committed subseqiient to his release on parole, and such crime is punishable by a term of imprisonment, detention or incarceration in any penal facility, the Commission shall determine, in accordance with the provisions of section 4214 (b) or (c), whether all or any part of the unexpired term being served at the time of parole shall run concurrently or consecutively with the sentence imposed for the new offense, but in no case shall such service together with such time as the parolee has previously served in connection with the offense for which he was paroled, be longer than the maximum term for which he was sentenced in connection with such offense. " (c) I n the case of any parolee found to have intentionally refused or failed to respond to any reasonable request, order, summons, or w a r r a n t of the Commission or any member or agent thereof, the jurisdiction of the Commission may be extended for the period during which the parolee so refused or failed to respond.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/277

 PUBLIC LAW 9 4 - 2 3 3 — M A R. 15, 1976

90 STAT. 227

" (d) The parole of any parolee shall run concurrently with the period of parole or probation under any other Federal, State, or local sentence. " (e) The parole of any prisoner sentenced before June 29, 1932, shall be for the remainder of the term or terms specified in his sentence, less good time allowances provided by law. " (f) Upon the termination of the jurisdiction of the Commission over any parolee, the Commission shall issue a certificate of discharge to such parolee and to such other agencies as it may determine. "§ 4211. E a r l y termination of parole " (a) Upon its own motion or upon request of the parolee, the Commission may terminate supervision over a parolee p r i o r to the termination of jurisdiction under section 4210. " (b) Two years after each parolee's release on parole, and at least annually thereafter, the Commission shall review the status of the parolee to determine the need for continued supervision. I n calculating such two-year period there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence. " (c)(1) Five years after each parolee's release on parole, the Commission shall terminate supervision over such parolee unless it is determined, after a hearing conducted in accordance with the procedures prescribed in section 4214(a)(2), that such supervision should not ba terminated because there is a likelihood that the parolee will engage in conduct violating any criminal law. " (2) If supervision is not terminated under subparagraph (1) of this subsection the i^arolee may request a hearing annually thereafter, and a hearing, with procedures as provided in subparagraph (1) of this subsection shall be conducted with respect to such termination of supervision not less frequently than biennially. " (3) I n calculating the five-year period referred to in subparagraph (1), there shall not be included any period of release on parole prior to the most recent such release, nor any period served in confinement on any other sentence. "§4212. A l i e n s "Wlien an alien prisoner subject to deportation becomes eligible for parole, the Commission may authorize the release of such prisoner on condition that such person be deported and remain outside the United States. "Such prisoner when his parole becomes effective, shall be delivered to the duly authorized immigration official for deportation. "§ 4213. Summons to appear or warrant for retaking of parolee " (a) If any parolee is alleged to have violated his parole, the Commission may— " (1) summon such parolee to appear at a hearing conducted pursuant to section 4214; or " (2) issue a w a r r a n t and retake the parolee as provided in this section. " (b) Any summons or w a r r a n t issued under this section shall be issued by the Commission as soon as practicable after discovery of the alleged violation, except when delay is deemed necessary. Imprisonment in an institution shall not be deemed grounds for delay of such issuance, except that, in the case of any parolee charged with a criminal offense, issuance of a summons or warrant may be suspended pending disposition of the charge.

18 USC 4211.

Review.

18 USC 4212.

18 USC 4213.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/278

 90 STAT. 228

18 USC 4214.

Hearing.

.,.

Hearings.

18 USC 3006A.

PUBLIC LAW 94-233—MAR. 15, 1976 "(c) Any summons or warrant issued pursuant to this section shall provide the parolee with written notice of— "(1) the conditions of parole he is alleged to have violated as provided under section 4209; " f 2^ his rights under this chapter; and the possible action which may be taken by the Commission. "(d) Any officer of any Federal penal or correctional institution, or any Federal officer authorized to serve criminal process within the United States, to whom a warrant issued under this section is delivered, shall execute such warrant by taking such parolee and returning him to the custody of the regional commissioner, or to the custody of the Attorney General, if the Commission shall so direct. «§ 4214. Revocation of parole "(a)(1) Except as provided in subsections (b) and (c), any alleged parole violator summoned or retaken under section 4213 shall be accorded the opportunity to have— "(A) a preliminary hearing at or reasonably near the place of the alleged parole violation or arrest, without unnecessary delay, to determine if there is probable cause to believe that he has violated a condition of his parole; and upon a finding of probable cause a digest shall be prepared by the Commission setting forth in writing the factors considered and the reasons for the decision, a copy of which shall be given to the parolee within a reasonable period of time; except that after a finding of probable cause the Commission may restore any parolee to parole supervision if: "(i) continuation of revocation proceedings is not warranted; or "(ii) incarceration of the parolee pending further revocation proceedings is not warranted by the alleged frequency or seriousness of such violation or violations; "(iii) the parolee is not likely to fail to appear for further proceedings; and "(iv) the parolee does not constitute a danger to himself or others. "(B) upon a finding of probable cause under subparagraph (1)(A), a revocation hearing at or reasonably near the place of the alleged parole violation or arrest within sixty days of such determination of probable cause except that a revocation hearing may be held at the same time and place set for the preliminary hearing. "(2) Hearings held pursuant to subparagraph (1) of this subsection shall be conducted by the Commission in accordance with the following procedures: "(A) notice to the parolee of the conditions of parole alleged to have been violated, and the time, place, and purposes of the scheduled hearing; "(B) opportunity for the parolee to be represented by an attorney (retained by the parolee, or if he is financially unable to retain counsel, counsel shall be provided pursuant to section 3006A) or, if he so chooses, a representative as provided by rules and regulations, unless the parolee knowingly and intelligently waives such representation. "(C) opportunity for the parolee to appear and testify, and present witnesses and relevant evidence on his own behalf; and "(D) opportunity for the parolee to be apprised of the evidence against him and, i:^ he so requests, to confront and cross-examine

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Page:United States Statutes at Large Volume 90 Part 1.djvu/279

 PUBLIC LAW 94-233—MAR. 15, 1976

90 STAT. 229

adverse witnesses, unless the Commission specifically finds substantial reason for not so allowing. For the purposes of subparagraph (1) of this subsection, the Com- Subpena mission may subpena witnesses and evidence, and pay witness fees as established for the courts of the United States. If a person refuses to obey such a subpena, the Commission may petition a court of the United States for the judicial district in which such parole proceeding is being conducted, or in which such person may be found, to request such person to attend, testify, and produce evidence. The court may issue an order requiring such person to appear before the Commission, when the court finds such information, thing, or testimony directly related to a matter with respect to which the Commission is empowered to make a determination under this section. Failure to obey such an order is punishable by such court as a contempt. All process in such a case may be served in the judicial district in which such a parole proceeding is being conducted, or in which such person may be found. "(b)(1) Conviction for a Federal, State, or local crime committed subsequent to release on parole shall constitute probable cause for purposes of subsection (a) of this section. In cases in which a parolee has been convicted of such a crime and is serving a new sentence in an institution, a parole revocation warrant or summons issued pursuant to section 4213 may be placed against him as a detainer. Such Detainer review. detainer shall be reviewed by the Commission within one hundred and eighty days of notification to the Commission of placement. The Notice; parolee shall receive notice of the pending review, have an oppor- application. tunity to submit a written application containing information relative to the disposition of the detainer, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section to assist him in the preparation of such application. "(2) If the Commission determines that additional information is needed to review a detainer, a dispositional hearing may be held at the institution where the parolee is confined. The parolee shall have notice of such hearing, be allowed to appear and testify on his own behalf, and, unless waived, shall have counsel as provided in subsection (a)(2)(B) of this section. "(3) Following the disposition review, the Commission may: "(A) let the detainer stand; or "(B) withdraw the detainer. "(c) Any alleged parole violator who is summoned or retaken by Revocation warrant under section 4213 who knowingly and intelligently waives hearing. his right to a hearing under subsection (a) of this section, or who knowingly and intelligently admits violation at a preliminary hearing held pursuant to subsection (a)(1)(A) of this section, or who is retaken pursuant to subsection (b) of this section, shall receive a revocation hearing within ninety days of the date of retaking. The Commission may conduct such hearing at the institution to which he has been returned, and the alleged parole violator shall have notice of such hearing, be allowed to appear and testify on his own behalf, and, unless waived, shall have counsel or another representative as provided in subsection (a)(2)(B) of this section. "(d) Whenever a parolee is summoned or retaken pursuant to section 4213, and the Commission finds pursuant to the procedures of this section and by a preponderance of the evidence that the parolee has violated a condition of his parole the Commission may take any of the following actions: " (1) restore the parolee to supervision; "(2) reprimand the parolee;

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Page:United States Statutes at Large Volume 90 Part 1.djvu/280

 90 STAT. 230

Notice.

18 USC 4215.

18 USC 4216.

18 USC 5005

et seq.

PUBLIC LAW 94-233—MAR. 15, 1976 "(3) modify the parolee's conditions of the parole; "(4) refer the parolee to a residential community treatment center for all or part of the remainder of his original sentence; or " (5) formally revoke parole or release as if on parole pursuant to this title. The Commission may take any such action provided it has taken into consideration whether or not the parolee has been convicted of any Federal, State, or local crime subsequent to his release on parole, and the seriousness thereof, or whether such action is warranted by the frequency or seriousness of the parolee's violation of any other condition or conditions of his parole. "(e) The Commission shall furnish the parolee with a written notice of its determination not later than twenty-one days, excluding holidays, after the date of the revocation hearing. If parole is revoked, a digest shall be prepared by the Commission setting forth in writing the factors considered and reasons for such action, a copy of which shall be given to the parolee. "§4215. Reconsideration and appeal "(a) Whenever parole release is denied under section 4206, parole conditions are imposed or modified under section 4209, parole discharge is denied under section 4211(c), or parole is modified or revoked under section 4214, the individual to whom any such decision applies may have the decision reconsidered by submitting a written application to the regional commissioner not later than thirty days following the date on which the decision is rendered. The regional commissioner, upon receipt of such application, must act pursuant to rules and regulations within thirty days to reaffirm, modify, or reverse his original decision and shall inform the applicant in writing of the decision and the reasons therefor. "(b) Any decision made pursuant to subsection (a) of this section which is adverse to the applicant for reconsideration may be appealed by such individual to the National Appeals Board by submitting a written notice of appeal not later than thirty days following the date on which such decision is rendered. The National Appeals Board, upon receipt of the appellant's papers, must act pursuant to rules and regulations within sixty days to reaffirm, modify, or reverse the decision and shall inform the appellant in writing of the decision and the reasons therefor. "(c) The National Appeals Board may review any decision of a regional commissioner upon the written request of the Attorney General filed not later than thirty days following the decision and, by majority vote, shall reaffirm, modify, or reverse the decision within sixty days of the receipt of the Attorney General's request. The Board shall inform the Attorney General and the individual to whom the decision applies in writing of its decision and the reasons therefor. "§ 4216. Young adult offenders "In the case of a defendant who has attained his twenty-second birthday but has not attained his twenty-sixth birthday at the time of conviction, if, after taking into consideration the previous record of the defendant as to delinquency or criminal experience, his social background, capabilities, mental and physical health, and such other factors as may be considered pertinent, the court finds that there are reasonable grounds to believe that the defendant will benefit from the treatment provided under the Federal Youth Corrections Act (18 U.S.C., chap. 402) sentence may be imposed pursuant to the provisions of such Act.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/281

 PUBLIC LAW 94-233—MAR. 15, 1976 "§ 4217. Warrants to retake Canal Zone parole violators "An officer of a Federal penal or correctional institution, or a Federal officer authorized to serve criminal process within the United States, to whom a warrant issued by the Governor of the Canal Zone for the retaking of a parole violator is delivered, shall execute the warrant by taking the prisoner and holding him for delivery to a representative of the Governor of the Canal Zone for return to the Canal Zone. "§ 4218. Applicability of Administrative Procedure Act "(a) For purposes of the provisions of chapter 5 of title 5, United States Code, other than sections 554, 555, 556, and 557, the Commission is an 'agency' as defined in such chapter. "(b) For purposes of subsection (a) of this section, section 553(b) (3)(A) of title 5, United States Code, relating to rulemaking, shall be deemed not to include the phrase 'general statements of policy'. "(c) To the extent that actions of the Commission pursuant to section 4203(a)(1) are not in accord with the provisions of section 653 of title 5, United States Code, they shall be reviewable in accordance with the provisions of sections 701 through 706 of title 5, United States Code. "(d) Actions of the Commission pursuant to paragraphs (1), (2), and (3) of section 4203(b) shall be considered actions committed to agency discretion for purposes of section 701(a)(2) of title 5, United States Code.". SEC. 3. Section 5005 of title 18, United States Code, is amended to read as follows: "§5005. Youth correction decisions "The Commission and, where appropriate, its authorized representatives as provided in section 4203(c), may grant or deny any application or recommendation for conditional release, or modify or revoke any order of conditional release, of any person sentenced pursuant to this chapter, and perform such other duties and responsibilities as may be required by law. Except as otherwise provided, decisions of the Commission shall be made in accordance with the procedures set out in chapter 311 of this title.". SEC. 4. Section 5006 of title 18, United States Code, is amended to read as follows: "§5006. Definitions "As used in this chapter— " (a) 'Commission' means the United States Parole Commission; "(b) 'Bureau' means the Bureau of Prisons; "(c) 'Director' means the Director of the Bureau of Prisons; "(d) 'youth offender' means a person under the age of twentytwo years at the time of conviction; "(e) 'committed youth offender' is one committed for treatment hereunder to the custody of the Attorney General pursuant to sections 5010(b) and 5010(c) of this chapter; "(f) 'treatment'means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youth offenders; and "(g) 'conviction' means the judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.". SEC. 5. Sections 5007, 5008, and 5009 of title 18, United States Code, are repealed. SEC. 6. Section 5014 of title 18, United States Code, is amended to read as follows:

90 STAT. 231 18 USC 4217.

18 USC 4218. 5 USC 500 et seq.

Ante, p. 220.

18 USC 4201 ^^'^1-

Repeal,

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 90 STAT. 232 18 USC 5014. /

J

Ante, p. 223.

'

18 USC 5005 et seq.

'

PUBLIC LAW 94-233—MAR. 15, 1976 "The Director shall provide classification centers and agencies. Every committed youth offender shall first be sent to a classification center or agency. The classification center or agency shall make a complete study of each committed youth offender, including a mental and physical examination, to ascertain his personal traits, his capabilities, pertinent circumstances of his school, family life, any previous delinquency or criminal experience, and any mental or physical defect or other factor contributing to his delinquency. In the absence of exceptional circumstances, such study shall be completed within a period of thirty days. The agency shall promptly forward to the Director and to the Commission a report of its findings with respect to the youth offender and its recommendations as to his treatment. As soon as practicable after commitment, the youth offender shall receive a parole interview.". SEC. 7. Section 5017(a) of title 18, United States Code, is amended to read as follows: "(a) The Commission may at any time after reasonable notice to the Director release conditionally under supervision a committed youth offender in accordance with the provisions of section 4206 of this title. When, in the judgment of the Director, a committed youth offender should be released conditionally under supervision he shall so report and recommend to the Commission.". SEC. 8. Section 5020 of title 18, United States Code, is amended to read as follows: "§ 5020. Apprehension of released offenders "If, at any time before the unconditional discharge of a committed youth offender, the Commission is of the opinion that such youth offender will be benefited by further treatment in an institution or other facility the Commission may direct his return to custody or if necessary may issue a warrant for the apprehension and return to custody of such yoiifehful offender and cause such warrant to be executed by a United States probation officer, an appointed supervisory agent, a United States marshal, or any officer of a Federal penal or correctional institution. Upon return to custody^, such youth offender shall be given a revocation hearing by the Commission.". SEC. 9. Chapter 402 of title 18, United States Code, is amended by deleting the term "division" whenever it appears therein and inserting in lieu thereof the word "Commission". SEC. 10. The table of sections for chapter 402 of title 18, United States Code, is amended to read as follows: "Sec.
 * § 5014. Classification studies and reports

"5005. "5006. "5010. "5011. "5012. "5013. "5014. "5015. "5016. "5017. "5018. "5019. "5020. "5021. "5022. "5023. "5024. "5025. "5026.

Youth correction decisions. Definitions. Sentence. Treatment. Certificate as to availability of facilities. Provision of facilities. Classification studies and reports. Powers of Director as to placement of youth offenders. Reports concerning offenders. Release of youth offenders. Revocation of Commission orders. Supervision of released youth offenders. Apprehension for released offenders. Certificate setting aside conviction. Applicable date. Relationship to Probation and Juvenile Delinquency Acts. Where applicable. Applicability to the District of Columbia. Parole of other offenders not affected.".

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