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92 STAT. 138

Export authorizations, congressional review.

tion stating in substance that i t disagrees with the President's determination. " (3) I f the Congress does not adopt a resolution of disapproval with respect to a license or authorization submitted pursuant to paragraph (1), the criterion set forth in subsection a. shall not be applied as an export criterion with respect to exports of materials, facilities and technology specified in subsection a. to that s t a t e: Provided, That the first license or authorization with respect to that state which is issued pursuant to this paragraph after twelve months from the elapse of the sixty-day period specified in paragraph (1), and the first such license or authorization which is issued after each twelve-month period thereafter, shall be submitted to the Congress for review pursuant to the procedures specified in paragraph (1): Provided further, That if the Congress adopts a resolution of disapproval during any review period provided for by this paragraph, the provisions of paragraph (2) shall apply with respect to further exports to such state.". coNDUcrr RESULTING I N TKRMI NATION OF NUCLEAR EXPORTS

Export terminations, criterion. 42 USC 2158.

Post, p. 145.

SEC. 307. Chapter 11 of the 1954 Act, as amended by sections 304, 305, and 306, is further amended by a d d i n g at the end thereof: " SEC. 129. EXPORTS.—

CONDUCT RESULTING

IN

TERMINATION or

NUCLEAR

"No nuclear materials and equipment or sensitive nuclear technology shall be exported to— " (1) any non-nuclear-weapon state that is found by the President to have, at any time after the effective date of this section, " (A) detonated a nuclear explosive device; or " (B) terminated or abrogated I A E A safeguards; or " (C) materially violated an I A E A safeguards agreement; or " (D) engaged in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices, and has failed to take steps which, in the President's judgment, represent sufficient progress to w a r d terminating such activities; or " (2) any nation or group of nations that is found by the President to have, at any time after the effective date of this section, " (A) materially violated an agreement for cooperation with the United States, or, with respect to material or equipment not supplied under an agreement for cooperation, materially violated the terms under which such materia] or equipment was supplied or the terms of any commitments obtained w i t h respect thereto pursuant to section 402(a) of the Nuclear Non-Proliferation Act of 1978; or " (B) assisted, encouraged, or induced any non-nuclearweapon state to engage in activities involving source or special nuclear material and h a v i n g direct significance for the manufacture or acquisition of nuclear explosive devices, and has failed to take steps which, in the President's judgment, represent sufficient progress to w a r d terminating such assistance, encouragement, or inducement; or

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"(C) entered into an agreement after the date of enactment of this section for the transfer of reprocessing equipment, materials, or technology to the sovereign control of a nonnuclear-weapon state except in connection with an international fuel cycle evaluation in which the United States is a participant or pursuant to a subsequent international agreement or understanding to which the United States subscribes; unless the President determines that cessation of such exports would be seriously prejudicial to the achievement of United States non-proliferation objectives or otherwise jeopardize the common defense and security: Provided, That prior to the effective date of any such deter- Report to mination, the President's determination, together with a report con- Congress. taining the reasons for his determination, shall be submitted to the Congress and referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate for a period of sixty days of continuous session (as defined in subsection 130 g. of this Act), but any such determination Infra. shall not become effective if during such sixty-day period the Congress adopts a concurrent resolution stating in substance that it does not favor the determination. Any such determination shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions.". CONGRESSIONAL REVIEW PROCEDURES

SEC. 308. Chapter 11 of the 1954 Act, as amended by sections 304, 305, 306, and 307, is further amended by adding at the end thereof the following: "SEC. 130. CONGRESSIONAL REVIEW PROCEDURES.—

"a. Not later than forty-five days of continuous session of Congress after the date of transmittal to the Congress of any submission of the President required by subsection 123 d., 126 a. (2), 126 b. (2), 128 b., 129,131 a. (3), or 131 f. (1)(A) of this Act, the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives, and in addition, in the case of a proposed agreement for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c, the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, shall each submit a report to its respective House on its views and recommendations respecting such Presidential submission together with a resolution, as defined in subsection f., stating in substance that the Congress approves or disapproves such submission, as the case may be: Provided, That if any such committee has not reported such a resolution at the end of such forty-five day period, such committee shall be deemed to be discharged from further consideration of such submission and if, in the case of a proposed agreement for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c. of this Act, the other relevant committee of that House has reported such a resolution, such committee shall be deemed discharged from further consideration of that resolution. If no such resolution has been reported at the end of such period, the first resolution, as defined in subsection f., which is introduced within five days thereafter within such House shall be placed on the appropriate calendar of such House. "b. When the relevant committee or committees have reported such a resolution (or have been discharged from further consideration of such a resolution pursuant to subsection a.) or when a resolution has

39-194 O—80—pt. 1

13: QL3

42 USC 2159. Congressional committee reports. Post, p. 142. Ante, pp. 131, 137, 138, 127. 42 USC 2121, 2164.

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'Resolution.'

Continuous sessions of Congress, computation.

PUBLIC LAW 95-242—MAR. 10, 1978 been introduced and placed on the appropriate calendar pursuant to subsection a., as the case may be, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. "c. Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between individuals favoring and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to a motion to postpone, or a motion to reconnnit the resolution, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to shall not be in order. No amendment to any concurrent resolution pursuant to the procedures of this section is in order except as provided in subsection d. "d. Immediately following (1) the conclusion of the debate on such concurrent resolution, (2) a single quorum call at the conclusion of debate if requested in accordance with the rules of the appropriate House, and (3) the consideration of an amendment introduced by the Majority Leader or his designee to insert the phrase, 'does not' in lieu of the word 'does' if the resolution under consideration is a concurrent resolution of approval, the vote on final approval of the resolution shall occur. "e. Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to such a resolution shall be decided without debate. "f. For the purposes of subsections a. through e. of this section, the term 'resolution' means a concurrent resolution of the Congress, the matter after the resolving clause of which is as follows: 'That the Congress (does or does not) favor the . •;, transmitted to the Congress by the President on , .', the blank spaces therein to be appropriately filled, and the affirmative or negative phrase within the parenthetical to be appropriately selected. "g. For the purposes of this section— "(1) continuity of session is broken only by an adjournment of Congress sine die; and ,., " (2) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. "h. This section is enacted by Congress— "(1) as an exercise of the rulemaking power of the Senate and ~^j the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but appli,, cable only with respect to the procedure to be followed in that f^ •*J. House in the case of resolutions described by subsection f. of this are inconsistent therewith; and
 * ' section; and they supersede other rules only to the extent that they

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92 STAT. 141

"(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.". COMPONENT AND OTHER PARTS OP FACILITIES

SEC. 309. (a) Section 109 of the 1954 Act is amended to read as 42 USC 2139. follows: "SEC. 109. COMPONENT AND OTHER PARTS OF FACILITIES.—

"a. With respect to those utilization and production facilities which Domestic are so determined by the Commission pursuant to subsection 11 v. (2) activities issuance or 11 cc. (2) the Commission may issue general licenses for domestic licenses, authorization. activities required to be licensed under section 101, if the Commission 42 USC 2139. determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security. "b. After consulting with the Secretaries of State, Energy, and Export licenses. Commerce and the Director, the Commission is authorized and directed to determine which component parts as defined in subsection 11 v. (2) or 11 cc. (2) and which other items or substances are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes. Except as provided in section 126 b. (2), no such component, substance, or item which is so determined by Ante, p. 131. the Commission shall be exported unless the Commission issues a general or specific license for its export after finding, based on a reasonable judgment of the assurances provided and other information available to the Federal Government, including the Commission, that the following criteria or their equivalent are met: (1) I A E A safeguards as required by Article III (2) of the Treaty will be applied with respect to such component, sulsstance, or item; (2) no such component, substance, or item will be used for any nuclear explosive device or for research on or development of any nuclear explosive device; and (3) no such component, substance, or item will be retransferred to the jurisdiction of any other nation or group of nations unless the prior consent of the United States is obtained for such retransfer; and after determining in writing that the issuance of each such general or specific license or category of licenses will not be inimical to the common defense and security: Provided, That a specific license shall not be required for an export pursuant to this section if the component, item or substance is covered by a facility license issued pursuant to section 126 of this Act. "c. The Commission shall not issue an export license under the authority of subsection b. if it is advised by the executive branch, in accordance with the procedures established under subsection 126 a., that the export would be inimical to the common defense and security of the United States.". (b) The Commission, not later than one hundred and twenty days Regulations. after the date of the enactment of this Act, shall publish regulations to 42 USC 2139a. implement the provisions of subsections b. and c. of section 109 of the 1954 Act. Among other things, these regulations shall provide for the Supra. prior consultation by the Commission with the Department of State, the Department of iEnergy, the Department of Defense, the Department of Commerce, and the Arms Control and Disarmament Agency. (c) The President, within not more than one hundred and twenty Export control days after the date of enactment of this Act, shall publish procedures procedures. regarding the control by the Department of Commerce over all Presidential export items, other than those licensed by the Commission, which could publications. 42 USC 2139a.

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 92 STAT. 142

Savings provision. 42 USC 2139 note. Ante, p. 141.

PUBLIC LAW 95-242—MAR. 10, 1978 be, if used for purposes other than those for which the export is intended, of significance for nuclear explosive purposes. Among other things, these procedures shall provide for prior consultations, as required, by the Department of Commerce with the Department of State, the A r m s Control and Disarmament Agency, the Commission, the Department of Energy, and the Department of Defense. (d) The amendments to section 109 of the 1954 Act made by this section shall not affect the approval of exports contracted for prior to November 1, 1977, which are made within one year of the date of enactment of such amendments. TITLE IV—NEGOTIATION O F FURTHER CONTROLS

EXPORT

COOPERATION W I T H OTHER NATIONS

42 USC 2153.

SEC. 401. Section 123 of the 1954 Act is amended to read as follows: " SEC. 123. COOPERATION W I T H OTHER N A T I O N S. —

42 USC 2073, 2074, 2077, 2094, 2112, 2121, 2133, 2134, 2164. Cooperative agreements, submittal to President. Contents.

"No cooperation with any nation, group of nations or regional defense organization pursuant to section 53, 54 a., 57, 64, 82, 91,103,104, or 144 shall be undertaken until— "a. the proposed agreement for cooperation has been submitted to the President, which proposed agreement shall include the terms, conditions, duration, nature, and scope of the cooperation; and shall include the following requirements: " (1) a guaranty by the cooperating party that safeguards as set forth in the agreement for cooperation will be maintained with respect to all nuclear materials and equipment transferred pursuant thereto, and with respect to all special nuclear material used in or produced through the use of such nuclear materials and equipment, so long as the material or equipment remains under the jurisdiction or control of the cooperating party, irrespective of the duration of other provisions in the agreement or whether the agreement is terminated or suspended for any reason; " (2) in the case of non-nuclear-weapon states, a requirement, as a condition of continued United States nuclear supply under the agreement for cooperation, that I A E A safeg u a r d s be maintained with respect to all nuclear materials in all peaceful nuclear activities within the territory of such state, under its jurisdiction, or carried out under its control anywhere; " (3) except in the case of those agreements for cooperation arranged pursuant to subsection 91 c, a g u a r a n t y by the cooperating party that no nuclear materials and equipment or sensitive nuclear technology to be transferred pursuant to such agreement, and no special nuclear material produced through the use of any nuclear materials and equipment or sensitive nuclear technology transferred pursuant to such agreement, will be used for any nuclear explosive device, or for research on or development of any nuclear explosive device, or for any other military purpose; " (4) except in the case of those agreements for cooperation arranged pursuant to subsection 91 c. and agreements for cooperation with nuclear-weapon states, a stipulation that the United States shall have the r i g h t to require the r e t u r n

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 PUBLIC LAW 95-242—MAR. 10, 1978 of any nuclear materials and equipment transferred pursuant thereto and any special nuclear material produced through the use thereof if the cooperating party detonates a nuclear explosive device or terminates or abrogates an agreement providing for IAEA safeguards; " (5) a guaranty by the cooperating party that any material or any Eestricted Data transferred pursuant to the agreement for cooperation and, except in the case of agreements arranged pursuant to subsection 91 c, 144 b. or 144 c, any production or utilization facility transferred pursuant to the agreement for cooperation or any special nuclear material produced through the use of any such facility or through the use of any material transferred pursuant to the agreement, will not be transferred to unauthorized persons or beyond the jurisdiction or control of the cooperating party without the consent of the United States; "(6) a guaranty by the cooperating party that adequate physical security will be maintained with respect to any nuclear material transferred pursuant to such agreement and with respect to any special nuclear material used in or produced through the use of any material, production facility, or utilization facility transferred pursuant to such agreement; "(7) except in the case of agreements for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c, a guaranty by the cooperating party that no material transferred pursuant to the agreement for cooperation and no material used in or produced through the use of any material, production facility, or utilization facility transferred pursuant to the agreement for cooperation will be reprocessed, enriched or (in the case of plutonium, uranium 233, or uranium enriched to greater than twenty percent in the isotope 235, or other nuclear materials which have been irradiated) otherwise altered in form or content without the prior approval of the United States; "(8) except in the case of agreements for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c, a guaranty by the cooperating party that no plutonium, no uranium 233, and no uranium enriched to greater than twenty percent in the isotope 235, transferred pursuant to the agreement for cooperation, or recovered from any source or special nuclear material so transferred or from any source or special nuclear material used in any production facility or utilization facility transferred pursuant to the agreement for cooperation, will be stored in any facility that has not been approved in advance by the United States; and "(9) except in the case of agreements for cooperation arranged pursuant to subsection 91 c, 144 b. or 144 c, a guaranty by the cooperating party that any special nuclear material, production facility, or utilization facility produced or constructed under the jurisdiction of the cooperating party by or through the use of any sensitive nuclear technology transferred pursuant to such agreement for cooperation will be subject to all the requirements specified in this subsection. The President may exempt a proposed agreement for cooperation (except an agreement arranged pursuant to subsection 91 c, 144 b., or 144 c.) from any of the requirements of the foregoing sen-

92 STAT. 143

42 USC 2121, 2164.

Agreement requirements, Presidential exemptions.

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 92 STAT. 144

Proposed cooperation agreements, submittal to President. Nuclear Proliferation Assessment Statement, submittal to President. 42 USC 2121, 2164.

Submittal to congressional committees.

Ante, p. 139.

42 USC 2073, 2074, 2133, 2134.

PUBLIC LAW 95-242—MAR. 10, 1978 tence if he determines that inclusion of any such requirement would be seriously prejudicial to the achievement of United States non-proliferation objectives or otherwise jeopardize the common defense and security. Except in the case of those agreements for cooperation arranged pursuant to subsection 91 c, 144 b.j or 144 c, any proposed agreement for cooperation shall be negotiated by the Secretary of State, with the technical assistance and concurrence of the Secretary of Energy and in consultation with the Director of the Arms Control and Disarmament Agency ('the Director'); and after consultation with the Commission shall be submitted to the President jointly by the Secretary of State and the Secretary of Energy accompanied by the views and recommendations of the Secretary of State, the Secretary of Energy, the Nuclear Eegulatory Commission, and the Director, who shall also provide to the President an unclassified Nuclear Proliferation Assessment Statement regarding the adequacy of the safeguards and other control mechanisms and the peaceful use assurances contained in the agreement for cooperation to ensure that any assistance furnished thereunder will not be used to further any military or nuclear explosive purpose. In the case of those agreements for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c, any proposed agreement for cooperation shall be submitted to the President by the Secretary of Energy or, in the case of those agreements for cooperation arranged pursuant to subsection 91 c. or 144 b. which are to be implemented by the Department of Defense, by the Secretary of Defense; "b. the President has approved and authorized the execution of the proposed agreement for cooperation and has made a determination in writing that the performance of the proposed agreement will promote, and will not constitute an unreasonable risk to, the common defense and security; "c. the proposed agreement for cooperation (if not an agreement subject to subsection d.), together with the approval and determination of the President, has been submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate for a period of thirty days of continuous session (as defined in subsection 130 g.): Provided, however, That these committees, after having received such agreement for cooperation, may by resolution in writing waive the conditions of all or any portion of such thirty-day period; and "d. the proposed agreement for cooperation (if arranged pursuant to subsection 91c., 144 b., or 144 c, or if entailing implementation of section 53, 54 a., 103, or 104 in relation to a reactor that may be capable of producing more than five thermal megawatts or special nuclear material for use in connection therewith) has been submitted to the Congress, together with the approval and determination of the President, for a period of sixty days of continuous session (as defined in subsection 130 g, of this Act) and referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, and in addition, in the case of a proposed agreement for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c, the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senatfe, but such proposed agreement for cooperation shall not becotne

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92 STAT. 145

effective if during such sixty-day period the Congress adopts a concurrent resolution stating in substance that the Congress does not favor the proposed agreement for cooperation: Provided, That the sixty-day period shall not begin until a Nuclear Proliferation Assessment Statement prepared by the Director of the Arms Control and Disarmament Agency, when required by subsection 123 a., has been submitted to the Congress. Any such proposed agreement for cooperation shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions. "Following submission of a proposed agreement for cooperation (except an agreement for cooperation arranged pursuant to subsection 91 c, 144 b., or 144 c.) to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, the Nuclear Regulatory Commission, the Department of State, the Department of Energy, the Arms Control and Disarmament Agency, and the Department of Defense shall, upon the request of either of those committees, promptly furnish to those committees their views as to whether the safeguards and other controls contained therein provide an adequate framework to ensure that any exports as contemplated by such agreement will not be inimical to or constitute an unreasonable risk to the common defense and security. "If, after the date of enactment of the Nuclear Non-Proliferation Act of 1978, the Congress fails to disapprove a proposed agreement for cooperation which exempts the recipient nation from the requirement set forth in subsection 123 a. (2), such failure to act shall constitute a failure to adopt a resolution of disapproval pursuant to subsection 128 b. (3) for purposes of the Commission's consideration of applications and requests under section 126 a. (2) and there shall be no congressional review pursuant to section 128 of any subsequent license or authorization with respect to that state until the first such license or authorization which is issued after twelve months from the elapse of the sixty-day period in which the agreement for cooperation in question is reviewed by the Congress.".

Ante, p. 142. Ante, p. 139. Agency views to congressional committees. 42 USC 2121, 2164.

Ante, p. 137. Ante, p. 131.

ADDrriONAL REQUIREMENTS

SEC. 402. (a) Except as specifically provided in any agreement for Nuclear material cooperation, no source or special nuclear material hereafter exported enrichment, from the United States may be enriched after export without the prior approval. approval of the United States for such enrichment: Provided, That 42 USC 2153a. the procedures governing such approvals shall be identical to those set forth for the approval of proposed subsequent arrangements under section 131 of the 1954 Act, and any commitments from the recipient Ante, p. 127. which the Secretary of Energy and the Secretary of State deem necessary to ensure that such approval will be obtained prior to such enrich•. • • ment shall be obtained prior to the submission of the executive branch » '' judgment regarding the export in question and shall be set forth in such submission: And provided further, That no source or special nuclear material shall be exported for the purpose of enrichment or reactor fueling to any nation or group of nations which has, after the date of enactment of this Act, entered into a new or amended agreement for cooperation with the United States, except pursuant to such agreement. (b) In addition to other requirements of law, no major critical com- Enrichment ponent of any uranium enrichment, nuclear fuel reprocessing, or heavy facility '

components, export prohibition.

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 92 STAT. 146

42 USC 2121, 2164. "Major critical component."

PUBLIC LAW 95-242—MAR. 10, 1978 water production facility shall be exported under any agreement for cooperation (except an agreement for cooperation pursuant to subsection 91 c, 144 b., or 144 c. of the 1954 Act) unless such agreement for cooperation specifically designates such components as items to be exported pursuant to the agreement for cooperation. For purposes of this subsection, the term "major critical component" means any component part or group of component parts which the President determines to be essential to the operation of a complete uranium enrichment, nuclear fuel reprocessing, or heavy water production facility. PEACEFUL NUCLEAR ACTIVrriES

Export policies. 42 USC 2153b.

Enriched nuclear material and sources, prohibition. Proposed international agreements. 42 USC 2014.

SEC. 403. The President shall take immediate and vigorous steps to seek agreement from all nations and groups of nations to commit themselves to adhere to the following export policies with respect to their peaceful nuclear activities and their participation in international nuclear trade: (a) No nuclear materials and equipment and no sensitive nuclear technology within the territory of any nation or group of nations, under its jurisdiction, or under its control anywhere will be transferred to the jurisdiction of any other nation or group of nations unless the nation or group of nations receiving such transfer commits itself to strict undertakings including, but not limited to, provisions sufficient to ensure that— (1) no nuclear materials and equipment and no nuclear technology in, under the jurisdiction of, or under the control of any non-nuclear-weapon state, shall be used for nuclear explosive devices for any purpose or for research on or development of nvieiear explosive devices for any purpose, except as permitted by Article V, the Treaty; (2) IAEA safeguards will be applied to all peaceful nuclear activities in, under the jurisdiction of, or under the control of any^on-nuclear-weapon state; (3) adequate physical security measures will be established and maintained by any nation or group of nations on all of its nuclear activities; (4) no nuclear materials and equipment and no nuclear technology intended for peaceful purposes in, under the jurisdiction of, or under the control of any nation or group of nations shall be transferred to the jurisdiction of any other nation or group of nations which does not agree to stringent undertakings meeting the objectives of this section; and (5) no nation or group of nations will assist, encourage, or induce any non-nuclear-weapon state to manufacture or otherwise acquire any nuclear explosive device. (b)(1) No source or special nuclear material within the territory of any nation or group of nations, under its jurisdiction, or under its control anywhere will be enriched (as described in paragraph aa. (2) of section 11 of the 1954 Act) or reprocessed, no irradiated fuel elements containing such material which are to be removed from a reactor will be altered in form or content, and no fabrication or stockpiling involving plutonium, uranium 233, or uranium enriched to greater than 20 percent in the isotope 235 shall be performed except in a facility under effective international auspices and inspection, and any such irradiated fuel elements shall be transferred to such a facility as soon as practicable

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 PUBLIC LAW 95-242—MAR. 10, 1978 after removal from a reactor consistent with safety requirements. Such facilities shall be limited in number to the greatest extent feasible and shall be carefully sited and managed so as to minimize the proliferation and environmental risks associated with such facilities. In addition, there shall be conditions to limit the access of non-nuclear-weapon states other than the host country to sensitive nuclear technology associated with such facilities. (2) Any facilities within the territory of any nation or group of nations, under its jurisdiction, or under its control anywhere for the necessary short-term storage of fuel elements containing plutonium, uranium 233, or uranium enriched to greater than 20 percent in the isotope 235 prior to placement in a reactor or of irradiated fuel elements prior to transfer as required in subparagraph (1) shall be placed under effective international auspices and inspection. (c) Adequate physical security measures will be established and maintained with respect to all nuclear activities within the territory of each nation and group of nations, under its jurisdiction, or under its control anywhere, and with respect to any international shipment of significant quantities of source or special nuclear material or irradiated source or special nuclear material, which shall also be conducted under international safeguards, (d) Nothing in this section shall be interpreted to require international control or supervision of any United States military activities.

92 STAT. 147

Enriched nuclear material, shortterm storage. International inspection. >

RENEGOTIATION OF AGREEMENTS FOR COOPERATION

SEC. 404. (a) The President shall initiate a program immediately to 42 USC 2153c. renegotiate agreements for cooperation in effect on the date of enact%.!ment of this Act, or otherwise to obtain the agreement of parties to such agreements for cooperation to the undertakings that would be required for new agreements under the 1954 Act. To the extent that an agreement for cooperation in effect on the date of enactment of this Act with a cooperating party contains provisions equivalent to any or all of the criteria set forth in section 127 of the 1954 Act with Ante, p. 136 respect to materials and equipment transferred pursuant thereto or with respect to any special nuclear material used in or produced through the use of any such material or equipment, any renegotiated agreement with that cooperating party shall continue to contain an equivalent provision with respect to such transferred materials and equipment and such special nuclear material. To the extent that an agreement for cooperation in effect on the date of enactment of this Act with a cooperating party does not contain provisions with respect to any nuclear materials and equipment which have previously been ^'>.J transferred under an agreement for cooperation with the United States and which are under the jurisdiction or control of the cooperating party and with respect to any special nuclear material which is used in or produced through the use thereof and which is under the jurisdiction or control of the cooperating party, which are equivalent to any or all of those required for new and amended agreements for cooperation under section 123 a. of the 1954 Act, the President shall vigorously ^«^e, p. 142 seek to obtain the application of such provisions with respect to such nuclear materials and equipment and such special nuclear material. Nothing in this Act or in the 1954 Act shall be deemed to relinquish

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 9? STAT. 148

Export agreement cen^itions and H k y goals, firfftidential review. 4^, p. 142. P^idential export criteria proposals, fumnittal to Congress.

4iHe, p. 139.

PUBLIC LAW 95-242—MAR. 10, 1978 any rights which the United States may have under any agreement for cooperation in force on the date of enactment of this Act. (b) The President shall annually review each of requirements (1) through (9) set forth for inclusion in agreements for cooperation under section 123 a. of the 1954 Act and the export policy goals set forth in section 401 to determine whether it is in the interest of United States non-proliferation objectives for any such requirements or export policies which are not already being applied as export criteria to be enacted as additional export criteria. (c) If the President proposes enactment of any such requirements or export policies as additional export criteria or to take any other action with respect to such requirements or export policy goals for the purpose of encouraging adherence by nations and groups of nations to such requirements and policies, he shall submit such a proposal together with an explanation thereof to the Congress. (d) If the Conuiiittee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, after reviewing the President's annual report or any proposed legislation, determines that it is in the interest of United States nonproliferation objectives to take any action with r^espect to such requirements or export policy goals, it shall report a joint resolution to implement such determination. Any joint resolution so reported shall be considered in the Senate and the House of Representatives, respectively, under applicable procedures provided for the consideration of resolutions pursuant to subsection 130 b. through g. of the 1954 Act. AUTHORITY TO CONTINUE AGREEMENTS

Savings provision. 42 USC 2153cl.

SEC. 405. (a) The amendments to section 123 of the 1954 Act made by this Act shall not affect the authority to continue cooperation pursuant to agreements for cooperation entered into prior to the date of enactment of this Act. (b) Nothing in this Act shall affect the authority to include dispute settlement provisions, including arbitration, in any agreement made pursuant to an Agreement for Cooperation. REVIEW

42 USC 2160a.

SEC. 406. No court or regulatory body shall have any jurisdiction under any law to compel the performance of or to review the adequacy of the performance of any Nuclear Proliferation Assessment Statement called for in this Act or in the 1954 Act. PROTECTION OF THE ENVIRONMENT

4^ use 2153e.

I

SEC. 407. The President shall endeavor to provide in any agreement entered into pursuant to section 123 of the 1954 Act for cooperation between the parties in protecting the international environment from radioactive, chemical or thermal contamination arising from peaceful nuclear activities. V

TITLE V—UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES P O L I C Y: REPORT

Nuclear and nonnuclear energy, re. ource development.

22 USC 3261.

SEC. 501. The United States shall endeavor to cooperate with other nations, international institutions, and private organizations in estab-

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 PUBLIC LAW 95-242—MAR. 10, 1978 lishing programs to assist in the development of non-nuclear energy resources, to cooperate with both developing and industrialized nations in protecting the international environment from contamination arising from both nuclear and non-nuclear energy activities, and s'hall seek to cooperate with and aid developing countries in meeting their energy needs through the development of such resources and the application of non-nuclear technologies consistent with the economic factors, the material resources of those countries, and environmental protection. The United States shall additionally seek to encourage other industrialized nations and groups of nations to make commitments for similar cooperation and aid to developing countries. The President shall report annually to Congress on the level of other nations' and groups of nations' commitments under such program and the relation of any such commitments to United States efforts under this title. In cooperating with and providing such assistance to developing countries, the United States shall give priority to parties to the Treaty. PROGRAMS

"1

92 STAt. 1149

Presidential report to Congress.

•

SEC. 502. (a) The United States shall initiate a program, consistent Developing with the aims of section 501, to cooperate with developing countries for countries, entry development the purpose of— (1) meeting the energy needs required for the development of programs. 22 USC 32621. such countries; (2) reducing the dependence of such countries on petroleum fuels, with emphasis given to utilizing solar and other renewable energy resources; and (3) expanding the energy alternatives available to such countries. (b) Such program shall include cooperation in evaluating the Assessment and energy alternatives of developing countries, facilitating international cooperative trade in energy commodities, developing energy resources, and apply- projects. ing suitable energy technologies. The program shall include both general and country-specific energy assessments and cooperative projects in resource exploration and production, training, research and development. (c) As an integral part of such program, the Department of Energy, Experts, under the general policy guidance of the Department of State and in exchange. cooperation with the Agency for International Development and other P'ederal agencies as appropriate, shall initiate, as soon as practicable, a program for the exchange of United States scientists, technicians, and energy experts with those of developing countries to implement the purposes of this section. (d) For the purposes of carrying out this section, there is authorized Appropriation to be appropriated such sums as are contained in annual authoriza- authorization. tion Acts for the Department of Energy, including such sums which have been authorized for such purposes under previous legislation. (e) Under the direction of the President, the Secretary of State shall ensure the coordination of the activities authorized by this title with other related activities of the United States conducted abroad, including the programs authorized by sections 103(c), 106(a)(2), and 22 USC 2151a, 119of the Foreign Assistance Act of 1961. .*..-, 2151d, 2l51q. REPORT

SEC. 503. Not later than twelve months after the date of enactment of this Act, the President shall report to the Congress on the feasibility of expanding the cooperative activities established pursuant to section

Presidential report to Congress. 22 USC 3262 note.

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 92 STAT. 150

PUBLIC LAW 95-242—MAR. 10, 1978 502(c) into an international cooperative effort to include a scientific peace corps designed to encourage large numbers of technically trained volunteers to live and work in developing countries for varying periods of time for the purpose of engaging in projects to aid in meeting the energy needs of such countries through the search for and utilization of indigenous energy resources and the application of suitable technology, including the widespread utilization of renewable and unconventional energy technologies. Such report shall also include a discussion of other mechanisms to conduct a coordinated international effort to develop, demonstrate, and encourage the utilization of such technologies in developing countries. TITLE VI—EXECUTIVE REPORTING REPORTS OF THE

Governmental nuclear nonproliferation activities.

22 USC 3281.

i..?*

.{'••-:

£«t\-

PRESIDENT

SEC. 601. (a) The President shall review all activities of Government departments and agencies relating to preventing proliferation and shall make a report to Congress in January of 1979 and annually in January of each year thereafter on the Government's efforts to prevent proliferation. This report shall include but not be limited to— (1) a description of the progress made toward— (A) negotiating the initiatives contemplated in sections 104 and 105 of this Act; (B) negotiating the international arrangements or other mutual undertakings contemplated in section 403 of this Act; .ii:i'-' ^Q^ encouraging non-nuclear-weapon states that are not party to the Treaty to adhere to the Treaty or, pending such adherence, to enter into comparable agreements with respect to safeguards and to foreswear the development of any nuclear explosive devices, and discouraging nuclear exports to non-nuclear-weapon states which have not taken such steps; (D) strengthening the safeguards of the IAEA as contemplated in section 201 of this Act; and ' (E) renegotiating agreements for cooperation as contemplated in section 404(a) of this Act; ' (2) an assessment of the impact of the progress described in paragraph (1) on the non-proliferation policy of the United States; an explanation of the precise reasons why progress has J' not been made on any particular point and recommendations with respect to appropriate measures to encourage progress; and a statement of what legislative modifications, if any, are necessary in his judgment to achieve the non-proliferation policy of the United States; (3) a determination as to which non-nuclear-weapon states with which the United States has an agreement for cooperation in effect or under negotiation, if any, have— (A) detonated a nuclear device; or I (B) refused to accept the safeguards of the IAEA on all i* of their peaceful nuclear activities; or (C) refused to give specific assurances that they will not manufacture or otherwise acquire any nuclear explosive device: or

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 PUBLIC LAW 95-242—MAR. 10, 1978 (D) engaged in activities involving source or special nuclear material and having direct significance for the manufacture or acquisition of nuclear explosive devices; (4) an assessment of whether any of the policies set forth in this Act have, on balance, been counterproductive from the standpoint of preventing proliferation; and (5) a description of the progress made toward establishing procedures to facilitate the timely processing of requests for subsequent arrangements and export licenses in order to enhance the reliability of the United States in meeting its commitments to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies. (b) In the first report required by this section, the President shall analyze each civil agreement for cooperation negotiated pursuant to section 123 of the 1954 Act, and shall discuss the scope and adequacy of the requirements and obligations relating to safeguards and other controls therein. A D O n i O N A L REPORTS

92 STAT. 151

tsi-

Current civil agreements, analysis. Ante, p. 142. .•sr»ifWJf

SEC. 602. (a) The annual reports to the Congress by the Commission Reports to and the Department of Energy which are otherwise required by law Congress. shall also include views and recommendations regarding the policies Governmental nuclear nonand actions of the United States to prevent proliferation which are the proliferation statutory responsibility of those agencies. The Department's report activities. shall include a detailed analysis of the proliferation implications of 22 USC 3282. advanced enrichment and reprocessing techniques, advanced reactors, and alternative nuclear fuel cycles. This part of the report shall include a comprehensive version which includes any relevant classified information and a summary unclassified version. (b) The reporting requirements of this title are in addition to and not in lieu of any other reporting requirements under applicable law. (c) The Department of State, the Arms Control and Disarmament Agency, the Department of Commerce, the Department of Energy, and the Commission shall keep the Committees on Foreign Relations and Governmental Affairs of the Senate and the Committee on International Relations of the House of Representatives fully and currently informed with respect to their activities to carry out the purposes ana policies of this Act and to otherwise prevent proliferation, and with respect to the current activities of foreign nations which are of significance from the proliferation standpoint. (d) Any classified portions of the reports required by this Act shall be submitted to the Senate Foreign Relations Committee and the House International Relations Committee. (e) Throe years after enactment of this Act, the Comptroller Gen- Report to eral shall complete a study and report to the Congress on the imple- Congress. mentation and impact of this Act on the nuclear non-proliferation Nuclear nonpolicies, purposes, and objectives of this Act. The Secretaries of State, proliferation Energy, Defense, and Commerce and the Commission and the Director policies, study. shall cooperate with the Comptroller General in the conduct of the study. The report shall contain such recommendations as the Comptroller General deems necessary to support the nuclear non-proliferation policies, purposes, and objectives of this Act.

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 ^ STAT. 152

PUBLIC LAW 95-242—MAR. 10, 1978 SAVING CLAUSE

4? use 2153f.

4? use 2153f. 42 USC 2121, ZiM. • r ar«ctive date. 22 USC 3201 ••••• . x|

SEC. 603. (a) All orders, determinations, rules, regulations, permits, contracts, agreements, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective in the exercise of functions which are the subject of this Act, by (i) any agency or officer, or part thereof, in exer2 cising the functions which are affected by this Act, or (ii) any court of competent jurisdiction, and (2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed as the case may be, by the parties thereto or by any court of competent jurisdiction. (b) Nothing in this Act shall affect the procedures or requirements applicable to agreements for cooperation entered into pursuant to sections 91 c, 144 b., or 144 c. of the 1954 Act or arrangements pursuant thereto as it was in effect immediately prior to the date of enactment of this Act. (c) Except where otherwise provided, the provisions of this Act shall take effect immediately upon enactment regardless of any requirement for the promulgation of regulations to implement such provisions. Approved March 10, 1978.

LEGISLATIVE HISTORY:

,

.

..,-

,

HOUSE REPORT No. 95-587 (Comm. on International Relations). SENATE REPORT No. 95-467 accompanying S. 897 (Comms. on Governmental Affairs, Energy and Natural Resources, and Foreign Relations). CONGRESSIONAL RECORD: Vol. 123 (1977): Aug. 5, S. 897 considered in Senate. •'•' ^ Sept. 22, 28, considered and passed House. ''^•'I Nov. 2, S. 897 considered in Senate. r"'-/' Vol. 124 (1978): Feb. 2, 7, considered and passed Senate, amended, in lieu of S. 897. Feb. 9, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 10 (1978): Mar. 10, Presidential statement.

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 PUBLIC LAW 95-243—MAR. 13, 1978

92 STAT. 1.53

Public Law 95-243 95th Congress An Act To amend the Indian Claims Commission Act of August 13, 1946, 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 20(b) of the Act of August 13, 1946 (c. 959, 60 Stat. 1054), as amended, is hereby further amended by adding a new sentence at the end thereof, as follows: "Notwithstanding any other provision of law, upon application by the claimants within thirty days from the date of the enactment of this sentence, the Court of Claims shall review on the merits, without regard to the defense of res judicata or collateral estoppel, that portion of the determination of the Indian Claims Commission entered February 15. 1974, adjudging that the Act of February 28, 1877 (19 Stat.' 254), effected a taking of the Black Hills portion of the Great Sioux Keservation in violation of the fifth amendment, and shall enter judgment accordingly. In conducting such review, the Court shall receive and consider any additional evidence, including oral testimony, that either party may wish to provide on the issue of a fifth amendment taking and shall determine that issue de novo.". Approved March 13, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-529 accompanying H.R. 2664 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-112 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): May 3, considered and passed Senate. Vol. 124 (1978): Feb. 9, considered and passed House, amended, in lieu of H.R. 2664. Feb. 27, Senate concurred in House amendment.

Mar. 13, 1978 [S. 8381

Indian Claims Commission A.:t, OS'IJSC'TC^ jyjjj.iai reviewi

,,; M,

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 92 STAT. 154

PUBLIC LAW 95-244—MAR. 14, 1978

Public Law 95-244 95th Congress An Act Mar. 14, 1978 [S. 2076]

Grand Canyon National Park, Ariz. Financial assistance to the Grand Canyon Unified School District. 20 USC 238 note.

Cooperative agreements with State or local agencies.

To authorize the Secretary of the Interior to make payments to appropriate school districts to assist in providing educational facilities and services for persons living within or near the Grand Canyon National Park on nontaxable Federal lands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Go^igress assembled, That (a) the Secretary of the Interior (hereafter referred to as the "Secretary") is authorized for the two-year period commencing October 1, 1978, and ending September 30, 1980 to make payments to reimburse the appropriate school district or districts (hereafter referred to as the "districts") for educational facilities and services (including, where appropriate, transportation to and from school) incurred by said districts in providing educational benefits to pupils living at or near the Grand Canyon National Park upon real property owned by the United States which is not subject to taxation by State or local agencies: Provided, That the payments for any school year to said districts shall not exceed that part of the cost of operating and maintaining such facilities and providing such services which the number of pupils as defined above bears to the whole number of pupils in average daily attendance within said districts for that year. (b) If in the opinion of the Secretary of the Interior, the aforesaid educational facilities and services cannot be provided adequately and payment made therefor on a pro rata basis, as prescribed in subsection (a), the Secretary of the Interior may enter into cooperative agreements with State or local agencies for (1) the operation of school facilities, (2) for the construction and expansion of educational facilities at Federal expense, and (3) for contribution by the Federal Government, on an equitable basis satisfactory to the Secretary, to cover the increased cost to local agencies for providing the educational services required for the purposes of this section: Provided, That authority to make payments under this subsection shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.

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 PUBLIC LAW 95-244—MAR. 14, 1978 (c) The Secretary shall submit an annual estimate of the anticipated payments which may be made in accordance with the provisions of this Act to the Committees on Appropriations of the United States Senate and House of Representatives. There are authorized to be appropriated an amount not to exceed $1,500,000 for fiscal year 1979 and an amount not to exceed $1,500,000 for fiscal year 1980 to carry out the provisions of this Act: Provided, That any appropriations made pursuant to this Act shall be reduced by the amount of any payments made to said districts pursuant to the Acts of September 23, 1950 (64 Stat. 906), as amended (20 U.S.C. 631 et seq.), and September 30, 1950 (64 Stat. 1100), as amended (20 U.S.C. 236 et seq.). Any amount appropriated pursuant to this Act for any fiscal year shall remain available until expended. Approved March 14, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-847 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 95-388 accompanying S. 2002 (Comm. on Human Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 9, considered and passed Senate, in lieu of S. 2002. Vol. 124 (1978): Feb. 6, considered and passed House, amended. Feb. 28, Senate agreed to House amendments.

39-194 O—80—pt. 1

14: QL3

92 STAT. 155 Annual estimated payments; submittal to conunlttee"^ Appropriation authorization,

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 92 STAT. 156

PUBLIC LAW 95-245—MAR. 14, 1978

Public Law 95-245 95th Congress An Act Mar. 14, i97» [H.R. 9851] Federal Aviation Act of 1958, amendment. 49 USC 1388. 49 USC 1371.

Effective date. 49 USC 1388 note.

rj,^ amend the Federal Aviation Act of 19.58 to improve cargo air service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 418(a) of the Federal Aviation Act of 1958 is amended by renumbering paragraph (3) and any reference thereto as paragraph (4) and by adding immediately after paragraph (2) the following new paragraph: "(3) Any citizen of the United States who has a valid certificate issued under section 401(d)(3) of this title and who provided supplemental air transportation carrying only cargo at any time during the period from January 1, 1977, through the date of enactment of this section may, during the forty-five day period beginning on April 1, 1978, submit an application to the Board for a certificate under this section to provide all-cargo air service. Such application shall contain such information and be in such form as the Board shall by regulation require.". SEC. 2. Section 418(b)(1)(A) of the Federal Aviation Act of 1958 is amended by deleting "or (2)" and by inserting in lieu thereof ", (2), or (3)". SEC. 3. Section 418(b)(1)(B) of the Federal Aviation Act of 1958 is amended by deleting " (3) " and inserting in lieu thereof "(4)". SEC. 4. The provisions of this Act shall become effective on April 1, 1978. Approved March 14, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-798 (Gomm. on Public Works and Transportation). "' SENATE REPORT No. 95-638 (Comm. on eommerce. Science, and Transportation). CONGRESSIONAL RECORD: VoL 124 (1978): Jan. 31, considered and passed House. Feb. 24, considered and passed Senate, amended. Mar. 1, House agreed to Senate amendments.

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 PUBLIC LAW 95-246—MAR. 15, 1978

Public Law 95-246 95th Congress

,

...

92 STAT. 157

.

..^,

Joint Resolution Making urgent power supplemental appropriations for the Department of Energy, Southwestern Power Administration for the fiscal year ending September 30, 1978.

Mar. 15, 19/8 [H-J. Res. 7461

Resolved by the Seriate and House of Representatives of the United States of America in Congress assembled, That the following sum is Supplemental appropriated, out of any money in the Treasury not otherwise appro- appropriations, priated, for the fiscal year ending September 30, 1978, namely: DEPARTMENT OF ENERGY SOUTHWESTERN POWER ADMINISTRATION

For an additional amount for "Operation and maintenance", $13,114,000. Approved March 15, 1978. •.. t

•,;. f\

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-914 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 124 (1978): Mar. 7, considered and passed House. Mar. 9, considered and passed Senate.

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 92 STAT. 158

PUBLIC LAW 95-247—MAR. 21, 1978 4

Public Law 95-247 95th Congress

^s

An Act Mar. 21, 1978 [S. 773]

Wichita Indian Tribe of Oklahoma. Claims against the U.S.

25 USC 70v.

Authorizing the Wichita Indian Tribe of Oklahoma, and its aflBliated bands and groups of Indians, to file with the Indian Claims Commission any of their claims against the United States for lands taken without adequate compensation, and for other purposes.

Be it enacted by the Senate and' House of Representatives of the United States of America in Congress assembled, That, notwithstanding sections 2401 and 2501 of title 28, United States Code, and section 12 of the Act of August 13, 1946, as amended (60 Stat. 1049, 1052; 25 U.S.C. 70k), jurisdiction is hereby conferred upon the Indian Claims Commission under section 2 of the Act of August 13, 1946, as amended (60 Stat. 1049, 1050; 25 U.S.C. 70a), to hear, determine, and render judgment on any claims the Wichita Indian Tribe and its affiliated bands and groups (namely, the Wichita, Keechi, Tawakonie, and Waco) have against the United States with respect to any lands or interests therein which were held by aboriginal title or otherwise, which were acquired from such tribe, bands, or groups without payment of adequate compensation by the United States: Provided, That no affiliated band or ^roup may bring a claim not held in common with the Wichita Indian Tribe. Any claim filed hereunder with the Indian Claims Commission shall be subject to the provisions of the Act of October 8, 1976 (90 Stat. 1990), relating to the transfer of cases to the Court of Claims. Any party to any action under this Act shall have the right of review with respect to any decision of the Indian Claims Commission or the Court of Claims under section 20 of the Act of August 13, 1946, as amended (60 Stat. 1049, 1054; 25 U.S.C. 70s). Approved March 21, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-597 accompanying H.R. 3377 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-119 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): May 5, considered and passed Senate. Vol. 124 (1978): Feb 24, considered and passed House, amended, in lieu of H.R. 3377. March 8, Senate concurred in House amendment.

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 PUBLIC LAW 95-24«—MAR. 21, 1978

92 STAT. 159

Public Law 95-248 95th Congress An Act To amend the National Trails System Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Trails System Act (82 Stat. 919; 16 U.S.C. 1241), as amended (90 Stat. 2481; 16 U.S.C. 1244), is further amended as follows: (1) Amend section 5(a)(3) to read as follows: "(3) The Secretary of the Interior shall establish within sixty days of the enactment of this subsection an Advisory Council for the Appalachian National Scenic Trail which shall terminate one hundred and twenty months from the date of enactment of this subsection. The Secretary of the Interior shall consult with such Council from time to time with respect to matters relating to the Trail, including the selection of rights-of-way, standards for the erection and maintenance of markers along the Trail, and the administration of the Trail. The members of the Advisory Council, which shall not exceed thirty-five in number, shall serve for a term of two years without compensation as such, but the Secretary may pay, upon vouchers signed by the Chairman of the Council, the expenses reasonably incurred by the Council and its members in carrying out their responsibilities under this section. Members of the Council shall be appointed by the Secretary of the Interior as follows: "(i) a member appointed to represent each Federal department or independent agency administering lands through which the Trail route passes and each appointee shall be the person designated by the head of such department or agency; "(ii) a member appointed to represent each State through which the Trail passes and such appointments shall be made from the recommendations of the Governors of such States; "(iii) one or more members appointed to represent private organizations, including corporate and individual landowners and land users, that, in the opinion of the Secretary, have an established and recognized interest in the Trail and such appointments shall be made from recommendations of the heads of such organizations: Provided., That the Appalachian Trail Conference shall be represented by a sufficient number of persons to represent the various sections of the country through which the Appalachian Trail passes; and "(iv) the Secretary shall designate one member to be chairman and shall fill vacancies in the same manner as the original appointment.". (2) Amend section 5 by adding the following new subsection (d): "(d) Within two years of the date of enactment of this subsection, the Secretary of the Interior shall, after full consultation with the Governors of the affected States, the Advisory Council, and the Appalachian Trail Conference, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives, a comprehensive

Mar. 21, 1978 [H.R. 8803] National Trails System Act, amendment. Advisory Council for the Appalachian National Scenic Trail. Establishment; termination. Membership.

Appalachian Trail, plans for; submittal to congressional committees.

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 92 STAT. 160

1 r if-'-.U'jj'ji''

16 USC 1246. Condemnation proceedings.

16 USC 1249. 16 USC 460/-4 note.

Land acquisition program, completion time. Information to congressional committees.

PUBLIC LAW 95-248—MAR. 21, 1978 plan for the management, acquisition, development, and use of the Appalachian Trail, including but not limited to, the following items: " (1) specific objectives and practices to be observed in the management of the Trail, including the identification of all significant natural, historical, and cultural resources to be preserved; details of anticipated cooperative agreements to be consummated with other entities; and identification of carrying capacity and use . patterns of the Trail; I "(2) an acquisition or protection plan, by fiscal year, for all lands to be acquired by fee title or lesser interest, along with detailed explanation of anticipated necessary cooperative agreements for any lands not to be acquired; and "(3) general and site-specific development plans, including anticipated costs.". (3) Amend section 7(d) by changing the colon to a period and by deleting the proviso. (4) Amend section 7(g) by deleting the first proviso and inserting in lieu thereof '''"Provided, That condemnation proceedings may not be utilized to acquire fee title or lesser interests to more than an average of one hundred and twenty-five acres per mile:". (5) Amend section 10, by adding at the end thereof the following: "From the appropriations authorized for fiscal year 1979 and succeeding fiscal years pursuant to the Land and Water Conservation Fund Act (78 Stat. 897), as amended, not more than the following amounts may be expended for the acquisition of lands and interests in lands authorized to be acquired pursuant to the provisions of this Act: "(a)(1) The Appalachian National Scenic Trail, not to exceed $30,000,000 for fiscal year 1979, $30,000,000 for fiscal year 1980, and $30,000,000 for fiscal year 1981, except that the difference between the foregoing amounts and the actual appropriations in any one fiscal year shall be available for appropriation in the subsequent fiscal year. It is the express intent of the Congress that the Secretary should substantially complete the land acquisition program necessary to insure the protection of the Trail within three complete fiscal years following the date of enactment of this sentence. Until the entire acquisition program is completed, he shall transmit in writing at the close of each fiscal year the following information to the Committee on Energy and Natural Resources of the Senate and to the Committee on Interior and Insular Affairs of the House of Representatives: " (A) the amount of land acquired during the fiscal year and the amount expended therefor; "(B) the estimated amount of land remaining to be acquired; and " (C) the amount of land planned for acquisition in the ensuing fiscal year and the estimated cost thereof.

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 PUBLIC LAW 95-24«—MAR. 21, 1978

92 STAT. 161

"(2) Until the entire acquisition program is completed, the Appalachian Trail Conference shall transmit a report at the close of each fiscal year to the Committee on Energy and Natural Eesources of the Senate and to the Committee on Interior and Insular Affairs of the House of Representatives which shall include but not be limited to comments on— "(A) the manner in which negotiations for the acquisition program are being conducted for every section of the Trail; iV "(B) the attitudes of the landowners with whom negotiations have been undertaken; and "(C) whether in any case larger interests in land are being acquired than are necessary to carry out the purposes of this Act. " (b) For the purposes of Public Law 95^2 (91 Stat. 211), the lands and interests therein acquired pursuant to this section shall be deemed to qualify for funding under the provisions of section 1, clause 2, of saidActA & xApproved March 21, 1978.

I -*

LEGISLATIVE HISTORY:

^

HOUSE REPORT No. 95-734 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-636 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Oct. 25, considered and passed House. Vol. 124 (1978): Feb. 22, considered and passed Senate, amended. Mar. 7, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 12 (1978): Mar. 22, Presidential statement. V'fi

Report to congressional committees,

,

16 USC 460/-7.

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 92 STAT. 162

PUBLIC LAW 95-249—MAR. 27, 1978

Public Law 95-249 95th Congress An Act Mar. 27, 1978 [S. 1671]

AbsarokaBeartooth Wilderness, Mont. Designation. 16 USC 1132 note. 16 USC 1132.

Map and description, filing with congressional committees.

Administration.

To designate the Absaroka-Beartooth Wilderness, Custer and Gallatin National Forests, in the State of Montana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in accordance with section 3(b) of the Wilderness Act (78 Stat. 890), the area classified as the Beartooth and Absaroka Primitive Areas, with the proposed additions thereto and deletions therefrom, as generally depicted on a map entitled "Absaroka-Beartooth Wilderness", dated February 1978, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture, is hereby designated as the "Absaroka-Beartooth Wilderness", within and as part of the Custer and Gallatin National Forests, comprising an area of approximately nine hundred and four thousand five hundred acres. SEC. 2. As soon as practicable after this Act takes effect, the Secretary of Agriculture shall file a map and legal description of the Absaroka-Beartooth Wilderness with the Energy and Natural Resources Committee of the Senate and the Interior and Insular Affairs Committee of the House of Representatives, and such description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal description and map may be made. SEC. 3. The Absaroka-Beartooth Wilderness shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. SEC. 4. Nothing in this Act shall be construed as affecting in any manner or to any extent any claim by Park County, Montana, and Sweet Grass County, Montana, to a right-of-way from Cooke City, Montana, to Boulder, or to affect in any manner or to any extent the relative rights and liabilities between the parties in connection with Cause numbered 76-125-BLG, Park County, Montana, and Sweet Grass County, Montana, versus United States of America, et al., filed in the United States District Court for the District of Montana, Billings Division, on October 4, 1976. Nothing in this Act shall be construed as abating such cause or as amending or otherwise affecting or modifying the provision of law pursuant to which such cause was filed. SEC. 5. The previous classification of the Beartooth and Absaroka Primitive Areas is hereby abolished. Approved March 27, 1978. LEGISLATIVE HISTORY; HOUSE REPORT No. 95-927 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-624 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): Feb. 10, considered and passed Senate. Mar. 14, considered and passed House. WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 13: Mar. 27, Presidential statement.

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 PUBLIC LAW 95-250—MAR. 27, 1978

92 STAT. 163

Public Law 95-250 95th Congress An Act To amend the Act of October 2, 1968, an Act to establish a Redwood National Park in the State of California, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Mar. 27, 1978 [H.R. 3813]

of the

Redwood National Park, expansion. TITLE I Employment SEC. 101. (a) I n order to protect existing irreplaceable Redwood program. National Par-k resources from damaging upslope and upstream land uses, to provide a land base sufficient to insure preservation of significant examples of the coastal redwood in accordance with the original intent of Congress, and to establish a more meaningful Redwood National P a r k for the use and enjoyment of visitors, the Act entitled " A n Act to establish a Redwood National P a r k in the State of California, and for other purposes", approved October 2, 1968 (82 Stat. 931), is amended as follows: 16 USC 79a. (1) I n subsection 2(a) after "September 1968," insert " and the area Boundaries. indicated as 'Proposed Additions' on the m a p entitled 'Additional 16 USC 79b. Lands, Redwood National P a r k, California', numbered 167-80005-D and dated March 1978,". (2) I n section 2, subsection (a), delete "fifty-eight t h o u s and " and substitute "one hundred and six thousand" and delete the period at the end of the subsection and add "and publicly owned highways and roads." I n section 2, subsection (b), delete "by donation only". A t the end of section 2, insert the following new subsection " (c) ": " (c) W i t h i n the area outside the boundaries of Redwood National Park Protection P a r k indicated as the ' P a r k Protection Zone' on the m a p entitled Zone, land 'Proposed Additions, Redwood National P a r k, California', numbered acquisition. 167-80005-D and dated March 1978, the Secretary is authorized to acquire lands and interests in l and: Provided, That lands may be Notice to acquired from a willing seller or upon a finding by the Secretary that congressional failure to acquire all or a portion of such lands could result in physical committees. damage to p a r k resources and following notice to the Committee on Energy and N a t u r a l Resources of the United States Senate and the Committee on Interior and Insular Affairs of the House of Representatives. Any lands so acquired shall be managed in a manner which will maximize the protection of the resources of Redwood National P a r k, and in accordance with the Act of October 21, 1976 (90 Stat. 2743). 43 USC 1701 Acquisition of a parcel of land under the authority of this subsection note. shall not as a result of such acquisition diminish the r i g h t of owners of adjacent lands to the peaceful use and enjoyment of their land and shall not confer authority upon the Secretary to acquire additional lands except as provided in this subsection.". (3) I n subsection 3(a), delete the period at the end of the second 16 USC 79c. sentence and add the following: "which donation of lands or interest in lands may be accepted in the discretion of the Secretary subject to such preexisting reverters and other conditions as may appear in the

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Summa Theologiae/Second Part of the Second Part/Question 70

Question. 70 - OF INJUSTICE WITH REGARD TO THE PERSON OF THE WITNESS (FOUR ARTICLES)
We must now consider injustice with regard to the person of the witness. Under this head there are four points of inquiry:

(1) Whether a man is bound to give evidence?

(2) Whether the evidence of two or three witnesses suffices?

(3) Whether a man's evidence may be rejected without any fault on his part?

(4) Whether it is a mortal sin to bear false witness?

Art. 1 - Whether a man is bound to give evidence?
Objection 1: It would seem that a man is not bound to give evidence. Augustine say (QQ. Gn. 1:26) [*Cf. Contra Faust. xxii, 33,34], that when Abraham said of his wife (Gn. 20:2), "She is my sister," he wished the truth to be concealed and not a lie be told. Now, by hiding the truth a man abstains from giving evidence. Therefore a man is not bound to give evidence.

Objection 2: Further, no man is bound to act deceitfully. Now it is written (Prov. 11:13): "He that walketh deceitfully revealeth secrets, but he that is faithful concealeth the thing committed to him by his friend." Therefore a man is not always bound to give evidence, especially on matters committed to him as a secret by a friend.

Objection 3: Further, clerics and priests, more than others, are bound to those things that are necessary for salvation. Yet clerics and priests are forbidden to give evidence when a man is on trial for his life. Therefore it is not necessary for salvation to give evidence.

On the contrary, Augustine [*Can. Quisquis, caus. xi, qu. 3, cap. Falsidicus; cf. Isidore, Sentent. iii, 55] says: "Both he who conceals the truth and he who tells a lie are guilty, the former because he is unwilling to do good, the latter because he desires to hurt."

I answer that, We must make a distinction in the matter of giving evidence: because sometimes a certain man's evidence is necessary, and sometimes not. If the necessary evidence is that of a man subject to a superior whom, in matters pertaining to justice, he is bound to obey, without doubt he is bound to give evidence on those points which are required of him in accordance with the order of justice, for instance on manifest things or when ill-report has preceded. If however he is required to give evidence on other points, for instance secret matters, and those of which no ill-report has preceded, he is not bound to give evidence. On the other hand, if his evidence be required by authority of a superior whom he is bound to obey, we must make a distinction: because if his evidence is required in order to deliver a man from an unjust death or any other penalty, or from false defamation, or some loss, in such cases he is bound to give evidence. Even if his evidence is not demanded, he is bound to do what he can to declare the truth to someone who may profit thereby. For it is written (Ps. 81:4): "Rescue the poor, and deliver the needy from the hand of the sinner"; and (Prov. 24:11): "Deliver them that are led to death"; and (Rom. 1:32): "They are worthy of death, not only they that do them, but they also that consent to them that do them," on which words a gloss says: "To be silent when one can disprove is to consent." In matters pertaining to a man's condemnation, one is not bound to give evidence, except when one is constrained by a superior in accordance with the order of justice; since if the truth of such a matter be concealed, no particular injury is inflicted on anyone. Or, if some danger threatens the accuser, it matters not since he risked the danger of his own accord: whereas it is different with the accused, who incurs the danger against his will.

Reply to Objection 1: Augustine is speaking of concealment of the truth in a case when a man is not compelled by his superior's authority to declare the truth, and when such concealment is not specially injurious to any person.

Reply to Objection 2: A man should by no means give evidence on matters secretly committed to him in confession, because he knows such things, not as man but as God's minister: and the sacrament is more binding than any human precept. But as regards matters committed to man in some other way under secrecy, we must make a distinction. Sometimes they are of such a nature that one is bound to make them known as soon as they come to our knowledge, for instance if they conduce to the spiritual or corporal corruption of the community, or to some grave personal injury, in short any like matter that a man is bound to make known either by giving evidence or by denouncing it. Against such a duty a man cannot be obliged to act on the plea that the matter is committed to him under secrecy, for he would break the faith he owes to another. On the other hand sometimes they are such as one is not bound to make known, so that one may be under obligation not to do so on account of their being committed to one under secrecy. In such a case one is by no means bound to make them known, even if the superior should command; because to keep faith is of natural right, and a man cannot be commanded to do what is contrary to natural right.

Reply to Objection 3: It is unbecoming for ministers of the altar to slay a man or to cooperate in his slaying, as stated above (Q[64], A[4]); hence according to the order of justice they cannot be compelled to give evidence when a man is on trial for his life.

Art. 2 - Whether the evidence of two or three persons suffices?
Objection 1: It would seem that the evidence of two or three persons is not sufficient. For judgment requires certitude. Now certitude of the truth is not obtained by the assertions of two or three witnesses, for we read that Naboth was unjustly condemned on the evidence of two witnesses (3 Kings 21). Therefore the evidence of two or three witnesses does not suffice.

Objection 2: Further, in order for evidence to be credible it must agree. But frequently the evidence of two or three disagrees in some point. Therefore it is of no use for proving the truth in court.

Objection 3: Further, it is laid down (Decret. II, qu. iv, can. Praesul.): "A bishop shall not be condemned save on the evidence of seventy-two witnesses; nor a cardinal priest of the Roman Church, unless there be sixty-four witnesses. Nor a cardinal deacon of the Roman Church, unless there be twenty-seven witnesses; nor a subdeacon, an acolyte, an exorcist, a reader or a doorkeeper without seven witnesses." Now the sin of one who is of higher dignity is more grievous, and consequently should be treated more severely. Therefore neither is the evidence of two or three witnesses sufficient for the condemnation of other persons.

On the contrary, It is written (Dt. 17:6): "By the mouth of two or three witnesses shall he die that is to be slain," and further on (Dt. 19:15): "In the mouth of two or three witnesses every word shall stand."

I answer that, According to the Philosopher (Ethic. i, 3), "we must not expect to find certitude equally in every matter." For in human acts, on which judgments are passed and evidence required, it is impossible to have demonstrative certitude, because they a about things contingent and variable. Hence the certitude of probability suffices, such as may reach the truth in the greater number, cases, although it fail in the minority. No it is probable that the assertion of sever witnesses contains the truth rather than the assertion of one: and since the accused is the only one who denies, while several witness affirm the same as the prosecutor, it is reasonably established both by Divine and by human law, that the assertion of several witnesses should be upheld. Now all multitude is comprised of three elements, the beginning, the middle and the end. Wherefore, according to the Philosopher (De Coelo i, 1), "we reckon 'all' and 'whole' to consist of three parts." Now we have a triple voucher when two agree with the prosecutor: hence two witnesses are required; or for the sake of greater certitude three, which is the perfect number. Wherefore it is written (Eccles. 4:12): "A threefold cord is not easily broken": and Augustine, commenting on Jn. 8:17, "The testimony of two men is true," says (Tract. xxxvi) that "there is here a mystery by which we are given to understand that Trinity wherein is perpetual stability of truth."

Reply to Objection 1: No matter how great a number of witnesses may be determined, the evidence might sometimes be unjust, since is written (Ex. 23:2): "Thou shalt not follow the multitude to do evil." And yet the fact that in so many it is not possible to have certitude without fear of error, is no reason why we should reject the certitude which can probably be had through two or three witnesses, as stated above.

Reply to Objection 2: If the witnesses disagree certain principal circumstances which change the substance of the fact, for instance in time, place, or persons, which are chiefly in question, their evidence is of no weight, because if they disagree in such things, each one would seem to be giving distinct evidence and to be speaking of different facts. For instance, one say that a certain thing happened at such and such a time or place, while another says it happened at another time or place, they seem not to be speaking of the same event. The evidence is not weakened if one witness says that he does not remember, while the other attests to a determinate time or place And if on such points as these the witness for prosecution and defense disagree altogether, and if they be equal in number on either side, and of equal standing, the accused should have the benefit of the doubt, because the judge ought to be more inclined to acquit than to condemn, except perhaps in favorable suits, such as a pleading for liberty and the like. If, however, the witnesses for the same side disagree, the judge ought to use his own discretion in discerning which side to favor, by considering either the number of witnesses, or their standing, or the favorableness of the suit, or the nature of the business and of the evidence

Much more ought the evidence of one witness to be rejected if he contradict himself when questioned about what he has seen and about what he knows; not, however, if he contradict himself when questioned about matters of opinion and report, since he may be moved to answer differently according to the different things he has seen and heard.

On the other hand if there be discrepancy of evidence in circumstances not touching the substance of the fact, for instance, whether the weather were cloudy or fine, whether the house were painted or not, or such like matters, such discrepancy does not weaken the evidence, because men are not wont to take much notice of such things, wherefore they easily forget them. Indeed, a discrepancy of this kind renders the evidence more credible, as Chrysostom states (Hom. i in Matth.), because if the witnesses agreed in every point, even in the minutest of details, they would seem to have conspired together to say the same thing: but this must be left to the prudent discernment of the judge.

Reply to Objection 3: This passage refers specially to the bishops, priests, deacons and clerics of the Roman Church, on account of its dignity: and this for three reasons. First because in that Church those men ought to be promoted whose sanctity makes their evidence of more weight than that of many witnesses. Secondly, because those who have to judge other men, often have many opponents on account of their justice, wherefore those who give evidence against them should not be believed indiscriminately, unless they be very numerous. Thirdly, because the condemnation of any one of them would detract in public opinion from the dignity and authority of that Church, a result which would be more fraught with danger than if one were to tolerate a sinner in that same Church, unless he were very notorious and manifest, so that a grave scandal would arise if he were tolerated.

Art. 3 - Whether a man's evidence can be rejected without any fault of his?
Objection 1: It would seem that a man's evidence ought not to be rejected except on account of some fault. For it a penalty on some that their evidence is inadmissible, as in the case of those who are branded with infamy. Now a penalty must not be inflicted save for a fault. Therefore it would seem that no man's evidence ought to be rejected save on account of a fault.

Objection 2: Further, "Good is to be presumed of every one, unless the contrary appear" [*Cap. Dudum, de Praesumpt.]. Now it pertains to a man's goodness that he should give true evidence. Since therefore there can be no proof of the contrary, unless there be some fault of his, it would seem that no man's evidence should be rejected save for some fault.

Objection 3: Further, no man is rendered unfit for things necessary for salvation except by some sin. But it is necessary for salvation to give true evidence, as stated above (A[1]). Therefore no man should be excluded from giving evidence save for some fault.

On the contrary, Gregory says (Regist. xiii, 44): "As to the bishop who is said to have been accused by his servants, you are to know that they should by no means have been heard": which words are embodied in the Decretals II, qu. 1, can. Imprimis.

I answer that, As stated above (A[2]), the authority of evidence is not infallible but probable; and consequently the evidence for one side is weakened by whatever strengthens the probability of the other. Now the reliability of a person's evidence is weakened, sometimes indeed on account of some fault of his, as in the case of unbelievers and persons of evil repute, as well as those who are guilty of a public crime and who are not allowed even to accuse; sometimes, without any fault on his part, and this owing either to a defect in the reason, as in the case of children, imbeciles and women, or to personal feeling, as in the case of enemies, or persons united by family or household ties, or again owing to some external condition, as in the case of poor people, slaves, and those who are under authority, concerning whom it is to be presumed that they might easily be induced to give evidence against the truth.

Thus it is manifest that a person's evidence may be rejected either with or without some fault of his.

Reply to Objection 1: If a person is disqualified from giving evidence this is done as a precaution against false evidence rather than as a punishment. Hence the argument does not prove.

Reply to Objection 2: Good is to be presumed of everyone unless the contrary appear, provided this does not threaten injury to another: because, in that case, one ought to be careful not to believe everyone readily, according to 1 Jn. 4:1: "Believe not every spirit."

Reply to Objection 3: To give evidence is necessary for salvation, provided the witness be competent, and the order of justice observed. Hence nothing hinders certain persons being excused from giving evidence, if they be considered unfit according to law.

Art. 4 - Whether it is always a mortal sin to give false evidence?
Objection 1: It would seem that it is not always a mortal sin to give false evidence. For a person may happen to give false evidence, through ignorance of fact. Now such ignorance excuses from mortal sin. Therefore the giving of false evidence is not always a mortal sin.

Objection 2: Further, a lie that benefits someone and hurts no man is officious, and this is not a mortal sin. Now sometimes a lie of this kind occurs in false evidence, as when a person gives false evidence in order to save a man from death, or from an unjust sentence which threatens him through other false witnesses or a perverse judge. Therefore in such cases it is not a mortal sin to give false evidence.

Objection 3: Further, a witness is required to take an oath in order that he may fear to commit a mortal sin of perjury. But this would not be necessary, if it were already a mortal sin to give false evidence. Therefore the giving of false evidence is not always mortal sin.

On the contrary, It is written (Prov. 19:5): "A false witness shall not be unpunished."

I answer that, False evidence has a threefold deformity. The first is owing to perjury, since witnesses are admitted only on oath and on this count it is always a mortal sin. Secondly, owing to the violation of justice, and on this account it is a mortal sin generically, even as any kind of injustice. Hence the prohibition of false evidence by the precept of the decalogue is expressed in this form when it is said (Ex. 20:16), "Thou shalt not bear false witness against thy neighbor." For one does nothing against a man by preventing him from doing someone an injury, but only by taking away his justice. Thirdly, owing to the falsehood itself, by reason of which every lie is a sin: on this account, the giving of false evidence is not always a mortal sin.

Reply to Objection 1: In giving evidence a man ought not to affirm as certain, as though he knew it, that about which he is not certain and he should confess his doubt in doubtful terms, and that which he is certain about, in terms of certainty. Owing however to the frailty of the human memory, a man sometimes thinks he is certain about something that is not true; and then if after thinking over the matter with due care he deems himself certain about that false thing, he does not sin mortally if he asserts it, because the evidence which he gives is not directly an intentionally, but accidentally contrary to what he intends.

Reply to Objection 2: An unjust judgment is not a judgment, wherefore the false evidence given in an unjust judgment, in order to prevent injustice is not a mortal sin by virtue of the judgment, but only by reason of the oath violated.

Reply to Objection 3: Men abhor chiefly those sin that are against God, as being most grievous and among them is perjury: whereas they do not abhor so much sins against their neighbor. Consequently, for the greater certitude of evidence, the witness is required to take a oath.


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Page:The Folk-Lore Journal Volume 4 1886.djvu/30

22 drank water, and with this water the khan's daughter had become pregnant and was ashamed. The khan said : "Lay stones on your bosoms and ye shall thus perhaps become pregnant, and say to her, 'We also are pregnant' ; then shall she come (home)." Thus it was. The khan only said to them all, "Ye are all pregnant," and drove them away. The maidens went away to a place where a birch-tree grew. They had no food with them. The khan's daughter gave birth to a boy child ; but the famished mother had no milk. At that time there came to them an old man tending cows. "Why do you live here ?" asked he. The khan's daughter told him her history. Then the old man plucked the birch and gave the end of it to the baby to suck. The baby was then all right. Afterwards the old man went to the khan, and said, "There is a child, Uēl shēbo êpēgtai urgo modon êkhetai (having for mother the bird Uēl, and for his father the tree Urgo). The khan sent him with some nobles to fetch the child. The old man brought the child in his arms and threw him inside the tent. The child fell right on the khan's seat with folded legs as though he were going to sit ; from that they understood that he was destined to be khan. And he was made khan. The mother of the child threw herself in the water. Therefore, the men of the Koton tribe, on the approach of a flood, kill a black ram and throw it into the water; besides this, they also throw into the water hairs from their beard, and believe that the waters marry them. Of the forty maidens who served the khan's daughter were born forty sons, who became chiefs of the Buruts. From them multiplied the tribes (êl) of Sarabash. The son of the khan's daughter was Gelgentē.— (Khodja Gul, of Koton tribe south of Ubs Lake). The father of the Russians, Kirghis, and Chinese, was Au ata, and their mother, Au ênê. They had forty daughters and forty sons. From the youngest son and youngest daughter sprung the Kirghis nation ; from the eldest children, the Chinese ; from the middle, the Russians. — (Têngis hai, a Kirghis of the Chubaraigir race of Tarbagatai).


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Page:Hockey, Canada's Royal Winter Game.djvu/10

 ARENA HOCKEY RINK, MONTREAL.