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1958

[88

STAT.

TITLE II — V E T E E A N S ' E D U C A T I O N AND K E H A B I L I T A T I O N E Q U A L I Z A T I O N AMENDMENTS ACT O F 1974 38

u s e 1504

note. Subsistance allowances. Ante, p 1579

SEC. 201. This title may be cited as the "Veterans' Education and Rehabilitation Equalization Amendments Act of 1974". SEC. 202. The table contained in section 1504(b) of title 38, United States Code, is amended to read as follows: "Column I

Column II

Column III

Column IV

Column V

Type of training

No dependents

One dependent

Two dependents

More than two dependents The a m o u n t in column IV, plus the following for each dependent in excess of t w o:

Institutional: Full-time._ _ Three-quartertime _ __ Half-time F a r m cooperative, apprentice, or other on-job training: Full-time

Ante,

p. 1579.

Ante,

p. 1579.

Ante,

p. 1580.

Ante,

p. 1580.

Special training allowance. Ante, p. 1580.

Ante,

p. 1580.

$209

$259

$304

$22

157 105

194 130

229 152

17 11

182

220

254

17".

SEC. 203. Chapter 34 of title 38, United States Code, is amended as follows: (a) by striking out in the last sentence of section 1677(b) "$260" and inserting in lieu thereof "$270"; (b) by striking out in section 1682(b) "$260" and inserting in lieu thereof "$270"; and (c) by striking out in section 1696(b) "$260" and inserting in lieu thereof "$270". SEC. 204. Chapter 35 of title 38, United States Code, is amended as follows: (a) by striking out in section 1732(b) "$209" and inserting in lieu thereof "$2l7"; and (b) by amending section 1742(a) to read as follows: " (a) While the eligible person is enrolled in and pursuing a fulltime course of special restorative training, the parent or guardian shall be entitled to receive on behalf of such person a special training allowance computed at the basic rate of $270 per month. If the charges for tuition and fees applicable to any such course are more than $85 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $85 a month, upon election by the parent or guardian of the eligible person to have such person's period of entitlement reduced by one day for each $9.02 that the special training allowance paid exceeds the basic monthly allowance.". SEC. 205. Chapter 36 of title 38, United States Code, is amended as follows: (a) by striking out in section 1786(a)(2) "$260" and inserting in lieu thereof "$270"; and

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PUBLIC LAW 93-604-JAN. 2, 1975

(b) by amending the table contained in paragraph (1) of Ante,

section 1787(b) to read as follows: "Column I

Column II

Column III

Column IV

Column V

Periods of training

No dependents

One dependent

Two dependents

p. 1580.

More than two dependents

First 6 months Second 6 months._ Third 6 months,_. Fourth and anysucceeding 6-month periods

$196 147 98

$220 171 122

$240 191 142

49

73

93

The amount in column IV, plus the following for each dependent in excess of two: $10 10 10 10".

SEC. 206. The provisions of this title shall become effective on January 1, 1975. Approved January 2, 1975.

Effective date. 38 USC 1504 note.

Public Law 93-603 AN ACT Designating the lake created by the Hidden Reservoir project, Fresno River, California, as "Hensley Lake".

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That the lake created by the Hidden Reservoir project, Fresno River, California, authorized by the Flood Control Act of 1962, shall hereafter be known as Hensley Lake, and any law, regulation, document, or record of the United States in which such lake is designated or referred to shall be held to refer to such lake under and by the name of "Hensley Lake". Approved January 2, 1975.

January 2, 1975 [ H. R. 12044]

H e n s l e y Lake., Designation, 76 Stat. 1180.

Public Law 93-604 AN ACT To revise and restate certain functions and duties of the Comptroller General of the United States and for other purposes.

Be it enacted 'by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as ih^ "General Accounting Office Act of 1974". TITLE

I—STATISTICAL SAMPLING PROCEDURES THE EXAMINATION OF VOUCHERS

IN

SEC. 101. Subsection (a) of Public Law 88-521, approved August 30, 1964 (31 U.S.C. 8 2 b - l (a)), is amended to read:

January 2, 1 975 [ H. R, 12113]

General Accounting Office Act of 1974, 31 USC 52c note.

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


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PUBLIC LAW 93-604-JAN. 2, 1975

[88 STAT.

"(a) Whenever the head of any department or agency of the Government or the Commissioner of the District of Columbia determines that economies will result therefrom, such agency head or the Commissioner may prescribe the use of adequate and effective statistical sampling procedures in the examination of disbursement vouchers not exceeding such amounts as may from time to time be prescribed by the Comptroller General of the United States; and no certifying or disbursing officer acting in good faith and in conformity with such procedures shall be held liable with respect to any certification or payment made by him on a voucher which was not subject to specific examination because of the prescribed statistical sampling procedure: Provided, That such officer and his department or agency have diligently pursued collection action to recover the illegal, improper, or incorrect payment in accordance with procedures prescribed by the Comptroller General. The Comptroller General shall include in his reviews of accounting systems an evaluation of the adequacy and effectiveness of procedures established under the authority of this Act.". TITLE II—AUDIT OF TRANSPORTATION PAYMENTS SEC. 201. Section 322 of the Transportation Act of 1940, as amended (49 U.S.C. 66), is further amended: (1) By deleting from subsection (a) the first sentence thereof and substituting therefor the following: "Payment for transportation of persons or property for or on behalf of the United States by any carrier or forwarder shall be made upon presentation of bills therefor prior to audit by the General Services Administration, or his designee. The right is reserved to the United States Government to deduct the amount of any overcharge by any carrier or forwarder from any amount subsequently found to be due such carrier or forwarder. This does not affect the authority of the General Accounting Office to make audits in accordance with the Budget and Accounting Act, 1921, as amended (31 U.S.C. 41), and the Accounting and Auditing Act of 1950, as amended (31 U.S.C. 65).". Transfer of (2) In the second proviso of subsection (a), by striking out functions. "cognizable by the General Accounting Office" and by striking out "received in the General Accounting Office" and inserting in lieu of the latter "received in the General Services Administration, or by his designee"; and (3) By redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting the following new subsection (b): " (b) Nothing in subsection (a) hereof shall be deemed to prevent any carrier or forwarder from requesting the Comptroller General to review the action on his claim by the General Services Administration, or his designee. Such request shall be forever barred unless received in the General Accounting Office within six months (not including in time of war) from the date the action was taken or within the periods of limitation specified in the second proviso in subsection (a) of this section, whichever is later.". Transfer of ...v.,^=, ^.^^^..,, SEC. 202. (a) Incident to the transfer of functions pursuant to the r e c o r d s, property 'pVrs'onn'er, and '' amendments made by section 201 of this Act, there shall be transferred ^"49 USC 66 note. ^'^ ^^ General Services Administration such records, property, personnel, appropriations, and other funds of the General Accounting Office as the Comptroller General and the Director of the Office of Management and Budget shall jointly determine after consultation with the Administrator of General Services and, with respect to personnel, with the Chairman of the United States Civil Service Commission.

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PUBLIC LAW 93-604-JAN. 2, 1975

1961

(b) Personnel transferred pursuant to subsection (a) of this section shall not be reduced in classification or compensation for two years after such transfer, except for cause. After such two-year period, each person transferred pursuant to subsection (a) shall be subject to the provisions of section 5337 of title 5, United States Code, as if such person had continued to be an employee of the General Accounting Office. SEC. 203. (a) The transfer of functions and personnel under this title shall be effective on such date as is mutually determined by the Comptroller General of the United States and the Administrator of General Services, but not earlier than October 1, 1975, and not later than September 30, 1976. (b) Upon the enactment of this Act the Comptroller General of the United States shall establish and carry out a continuing program of personnel development and improvement applicable to the personnel who will be transferred under this title. Such program shall include provisions for training, career development and counseling services, a review of equal employment opportunity problems and the taking of corrective action, where appropriate, and any restructuring, reclassification, and redesigning of positions necessary to effectuate a full and adequate transfer of the functions as provided for under this title. (c) At least sixty days prior to the effective date determined under subsection (a), the Administrator of General Services shall establish a detailed plan for the transfer of functions and personnel under this title and shall publish such plan in the Federal Register. Such plan shall be based on a thorough survey of the availability of transportation to any new location for functions and personnel transferred and of the availability of parking facilities and food, health, and other services for personnel transferred, and shall include a detailed description of a personnel development program to be conducted by the Administrator of General Services to assure the establishment and maintenance of procedures which guarantee equal employment opportunities, promotion opportunities, employment and career counseling, and training and career development for personnel who are transferred. (d) Six months after the date of the transfer of the personnel and functions under this title, the Administrator of the General Services Administration shall make a report to the Congress as to actions which he has taken to implement such plan and the transfer of such personnel and functions thereunder. TITLE III—AUDIT

OF NONAPPROPRIATED ACTIVITIES

4 USC''66'^note.

Personnel development pro-

gram

tio^^^i^'jfg^J'Jrar Register.

congress."

FUND

SEC. 301. (a) The (1) operations and funds (including central funds) of nonappropriated fund and related activities authorized or operated by an executive agency to sell merchandise or services to military or other Government personnel and their dependents, such as the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, Exchange Councils of the National Aeronautics and Space Administration, commissaries, clubs, and theaters, (2) systems of accounting and internal controls of such funds and activities, and (3) any internal or independent audits or reviews of such funds and activities shall, unless otherwise provided by law, be subject to review by the Comptroller General of the United States in accordance with such principles and procedures and under such rules and regulations as he may prescribe. The Comptroller General and his duly authorized representatives shall have access to those books, accounts, records, documents, reports, files, and other papers, things, or property relevant to funds and activities

^^ ^^^ ^^^'

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PUBLIC LAW 93-604-JAN. 2, 1975

[88 STAT.

within this subsection as are deemed necessary by the Comptroller General. (b) When required by the Comptroller General for such nonappropriated fund and related activities with gross receipts from sales of more than $100,000 a year as he may designate by class, or upon specific request of the Comptroller General in/any other case, each executive agency shall furnish promptly a copy of the annual report of any nonappropriated fund or related activity referred to in subsection (a). If such information is not included in any activity's annual report, such agency shall also furnish a statement showing the yearly financial operations, financial condition, and cash flow, and such other annual information relating to the activity as may be agreed upon by the Comptroller General and the head of the executive agency concerned. TITLE IV — EMPLOYMENT OF E X P E R T S AND CONSULTANTS 31 USC 52c.

5 USC 5332 note.

SEC. 401. The Comptroller General may employ experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not in excess of the maximum daily rate prescribed for GS-18 under section 5332 of title 5, United States Code, for J)ersons in the Government service employed intermittently. Ten such experts or consultants may be employed for periods not in excess of three years. TITLE V—GENERAL ACCOUNTING OFFICE BUILDING

31 USC 51-1,

31 USC 51-1 note.

SEC. 501. (a) The Comptroller General of the United States shall be entitled to the use of such space in the General Accounting Office Building as he determines to be necessary, and the head of any Federal agency which exercises authority over such building shall provide the Comptroller General with such space within the building as the Comptroller General determines to be necessary. (b) Notwithstanding any other provision of law, during the oneyear period beginning on the date of enactment of this Act, the Administrator for General Services may contract for the rent of a building in the District of Columbia to the extent necessary to secure an amount of space equal to the amount of space which the Administrator makes available to the Comptroller General of the United States during such one-year period under the provisions of subsection (a). TITLE VI—AUDITS OF GOVERNMENT CORPORATIONS AMENDMENTS TO THE GOVERNMENT CORPORATION CONTROL ACT

f.?.°'V°

Congress 31 USC 850.

SEC. 601. (a) Section 105 of the Government Corporation Control Act (31 U.S.C. 850) is amended by adding thereto the following sentence: "Effective July 1, 1974, each wholly owned Government corporation shall be audited at least once in every three years.". (b) The first sentence of section 106 of such Act (31 U.S.C. 851) is amended to read as follows: "A report of each audit conducted under section 105 shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit.". (c) Section 202 of such Act (31 U.S.C. 857) is amended by adding thereto the following sentence: "Effective July 1, 1974, each mixedownership Government corporation shall be audited at least once in every three years,".

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PUBLIC LAW 93-604-JAN. 2, 1975

1963

(d) The first sentence of section 203 of such Act (31 U.S.C. 858) is amended to read as follows: "A report of each audit conducted under section 202 shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit.".

^^^P°[\'°

°"eress. ^^ "^^ ^^'^'

AMENDMENTS TO THE FEDERAL DEPOSIT INSURANCE ACT

SEC. 602. (a) Section 17(b) of the Federal Deposit Insurance Act (12 U.S.C. 1827(b)) is amended by adding thereto the following sentence: "The Corporation shall be audited at least once in every three years.". (b) The first and second sentences of section 17(c) of such Act (12 (,f^^P°3y° U.S.C. 1827(c)) are deleted and the following is inserted in their °"^'"^^^place: "A report of each audit conducted under subsection (b) of this section shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit.". AMENDMENT TO FEDERAL CROP INSURANCE ACT

SEC. 603. Section 513 of the Federal Crop Insurance Act (52 Stat. ge^rJ'ta'rVof 76; 7 U.S.C. 1513) is amended to read as follows: "The Corporation Ag^cJiture. shall at all times maintain complete and accurate books of accounts and shall file annually with the Secretary of Agriculture a complete report as to the business of the Corporation.". AMENDMENTS TO THE H O U S I N G AND URBAN DEVELOPMENT ACT OF

1968

SEC. 604. Section 107(g) of the Housing and Urban Development Act of 1968 (12 U.S.C. I701y(g)) is amended by: (1) adding a new sentence at the end of subparagraph (1) thereof as follows: "Such audit shall be made at least once in every three years.". (2) substituting the following sentence in lieu of the first sen- C(fng^es's!° fence in subparagraph (2) thereof: "A report of each such audit shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit.". AMENDMENT TO DISTRICT OF COLUMBIA REDEVELOPMENT ACT OF 1945

SEC. 605. Section 17 of the District of Columbia Redevelopment Act of 1945 (60 Stat. 801) is amended by deleting the word "annual" ^^D-C code sfrom the clause "such books shall be subject to annual audit by the 716. General Accounting Office.". TITLE VII — R E VI S I O N O F ANNUAL A U D I T REQUIREMENTS AMENDMENT TO FEDERAL PROPERTY AND ADMINISTRATIVE ACT OF 1949

SERVICES

SEC. 701. Section 109(e) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 756(e)) is amended to read as follows: "(e)(1) As of June 30 of each year, there shall be covered into the United States Treasury as miscellaneous receipts any surplus in the General Supply Fund, all assets, liabilities, and prior losses considered, above the amounts transferred or appropriated to establish and maintain said fund.

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31 USC 65 note.

PUBLIC LAW 93-604-JAN. 2, 1975

[88 STAT.

"(2) The Comptroller General shall make audits of the General Supply Fund in accordance with the provisions of the Accounting and Auditing Act of 1950 and make reports on the results thereof.". AMENDMENT TO THE FEDERAL AVIATION ACT OF 1958

SEC. 702. That part of the second sen<"ence of section 1807(f) of the Federal Aviation Act of 1958 (49 U.S.C. 1537(f)) which precedes the proviso is amended to ren d as follows: "The Secretary shall maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950.". AMENDMENT WITH RESPECT TO THE BUREAU OF ENGRAVING AND PRINTING FUND

SEC. 703. Section 6 of the Act entitled "An Act to provide for financing the operations of the Bureau of Engraving and Printing, Treasury Department, and for other purposes"^ (31 U.S.C. 181d) is amended to read as follows: "The financial transactions, accounts, and reports of the fund shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950.". AMENDMENT WITH RESPECT TO THE VETERANS' CANTEEN SERVICE

SEC. 704. Section 4207 of title 38, United States Code, is amended to read as follows: "§ 4207. Audit of accounts "The Service shall maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950.". AMENDMENT WITH RESPECT TO THE HIGHER EDUCATION INSURED LOAN PROGRAM

20 USC 1078.

S E C 705. (a) Paragraph (2) of section 432(b) of the Higher Education Act of 1965 (20 U.S.C. 1082(b)(2)) is amended to read as follows: "(2) maintain with respect to insurance under this part a set of accounts, which shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950, except that the transactions of the Commissioner, including the settlement of insurance claims and of claims for payments pursuant to section 428, and transactions related thereto and vouchers approved by the Commissioner in connection with such transactions, shall be final and conclusive upon all accounting and other officers of the Government.", (b) Section 402(a)(2) of the Housing Act of 1950 (64 Stat. 78; 12 U.S.C. 1749a(a)(2)) is amended to read as follows: "(2) maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950: Provided, That such financial transactions of the Administrator as the making of loans and vouchers approved by the Administrator in connection with such financial transactions shall be final and conclusive upon all officers of the Government.". AMENDMENT TO THE FEDERAL CREDIT UNION ACT

SEC. 706. Section 209(b)(2) of the Federal Credit Union Act as added by section 1 of Public Law 91-468 (12 U.S.C. 1789(b)(2)) is

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 88 STAT. ]

PUBLIC LAW 93-605-JAN. 2, 1975

1965

amended by deleting the word "annually" therefrom. AMENDMENT WITH RESPECT TO AUDIT OF THE GOVERNMENT PRINTING OFFICE

SEC. 707. The third sentence of subsection 309(c) of title 44 of the United States Code is amended to read as follows: "The Comptroller cfn"'^es's^ind General shall audit the activities of the Government Printing Office Public Printer. at least once in every three years and shall furnish reports of such audits to the Congress and the Public Printer.". TITLE VIII — L I M I T A T I O N OF T I M E ON C L A I M S A N D DEMANDS SEC. 801. Section 1 of the Act of October 9, 1940 (54 Stat. 1061, ch. 788), is amended by deleting the phrase "10 full years" and substituting "6 years" therefor. SEC. 802. The amendment provided for in section 801 shall go into effect 6 months after the date of enactment and will have no effect on claims received in the General Accounting Office before that time. Approved January 2, 1975.

^^ "sc 71 a. Effective date. note.

Public Law 93-605 AN ACT

January 2, 1975

To amend section 510 of the Merchant Marine Act, 1936.

[ H. R. 12427]

Be it enacted by the Senate and House of Representatives of the ess l United States of Atnenca in Congress assembled, That subsection 510 Vx c h e nsg.e. E a (i) of the Merchant Marine Act, 1936 (46 U.S.C. 1160(i)) is amended to read as follows: "(i) The Secretary of Commerce is authorized, within two years after enactment of this subsection, to acquire mariner class vessels constructed under title VII of this Act and Public Law 911, Eighty- 46 USC 1191 first Congress, in exchange for obsolete vessels in the National Defense ^^ ^* ^22^' Reserve Fleet that are scheduled for scrapping. For purposes of this subsection, the traded-in and traded-out vessels shall be valued at the higher of their scrap value in domestic or foreign markets as of the date of the exchange: Provided, That in any exchange transactions the value assigned to the traded-in and traded-out vessels will be determined on the same basis. The value of the traded-out vessel shall be as nearly as possible equal to the value of the traded-in vessel plus the fair value of the cost of towing the traded-out vessel to the place of scrapping. To the extent the value of the traded-out vessel exceeds the value of the traded-in vessel plus the fair value of the cost of towing, the owner of the traded-in vessel shall pay the excess to the Secretary of Commerce in cash at the time of the exchange. This excess shall. vessel operabe deposited into the Vessel Operations Revolving Fund and all costs F°nd. ^^° ^ "^ incident to the lay-up of vessels acquired under this xlct may be paid from balances in the Fund. No payments shall be made by the Secretary of Commerce to the owner of any traded-in vessel in connection with any exchange under this subsection. Notwithstanding the provisions of sections 9 and 37 of the Shipping Act, 1961, vessels traded '^^ "^"^ ^°^' out under this subsection may be scrapped in approved foreign markets. The provision of this subsection (i) as it read prior to this amendment shall govern all transactions made thereunder prior to this amendment.".

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 1966

46 USC 804.

46 USC 804 note. Rules and regulations.

PUBLIC LAW 93-606-JAN. 2, 1975

[88

STAT.

SEC. 2. (a) The Shipping Act, 1916, as amended (46 U.S.C. 801-842), is amended by inserting a new section 3 to read as follows: "SEC. 3. Notwithstanding part III of the Interstate Commerce Act, as amended (49 U.S.C. 901 et seq.), or any other provision of law, rates and charges for the barging and affreighting of containers or containerized cargo by barge between points in the United States, shall be filed solely with the Federal Maritime Commission in accordance with rules and regulations promulgated by the Commission where (a) the cargo is moving between a point in a foreign country or a noncontiguous State, territory, or possession and a point in the United States, (b) the transportation by barge between points in the United States is furnished by a terminal operator as a service substitute in lieu of a direct vessel call by the common carrier by water transporting the containers or containerized cargo under a through bill of lading, (c) such terminal operator is a Pacific Slope State, municipality, or other public body or agency subject to the jurisdiction of the Federal Maritime Commission, and the only one furnishing the particular circumscribed barge service in question as of the date of enactment hereof, and (d) such terminal operator is in compliance with the rules and regulations of the Federal Maritime Commission for the operation of such barge service. The terminal operator providing such services shall be subject to the provisions of the Shipping Act, 1916.". (b) Within one hundred and twenty days after enactment of this Act, the Federal Maritime Commission shall promulgate rules and regulations for the barge operations described in the amendment made by the first section of this Act. Such rules shall provide that the rates charged shall be based upon factors normally considered by a regular commercial operator in the same service. Approved January 2, 1975. Public Law 93-606

January 2, 1975 [ H. R. 13022]

Grapes and plums. 7 USC 591.

AN ACT To amend the Act of September 2, 1960, a s amended, so as to authorize different minimum grade standard s for paclcages of grapes and plums exported to different destinations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of September 2, 1960, as amended (74 Stat. 734), is amended by inserting in the first sentence thereof "and destination'' immediately following the words "such variety'- and "to such destination" at the end of such sentence. Approved January 2, 1975. Public Law 93-607

January 2, 1975 [H. R.14600]

Panama e a n a l Company. Borrowing authority, i n c r e a s e. Interest r a t e.

AN ACT To increase the borrowing authority of the P a n a m a Canal Company and revise the method of computing interest thereon.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 71 of title 2 of the Canal Zone Code is amended as follows: (1) By striking out from the first sentence "$10,000,000" and inserting in lieu thereof "$40,000,000". (2) By striking out the third sentence and inserting in lieu thereof "Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the

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PUBLIC LAW 93-608-JAN. 2, 1975

average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations.". Approved January 2, 1975. Public Law 93-608 AN ACT To discontinue or modify certain reporting requirements of la\A'.

January 2, 1975 [H. R.14718]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress^ assembled, That certain pro- Reporting revisions of law, which relate to the submission of reports to Congress m^'dffTcrtions and' or other Government authorities, are repealed as follows: repeals. R E P 0 R T 8 UNDER MORE T II A X O N E AGENCY

(1) Section 3 of the Act entitled "An Act to authorize the expenditure of funds through grants for support of scientific research, and for other purposes", approved September 6, 1958 (72 Stat. l'^9'>; 42 U.S.C. 1893), is repealed, thereby eliminating the annual report under such Act to the appropriate committees of both Houses of Conq:ress concerning grants for basic scientific research. (2) Section 7 of the Act entitled "An Act to authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, militarv, and other uses from the Santa Margarita River, California, and for other purposes", approved July 28, 1954 (68 Stat. 578), is repealed, thereby eliminating the report from time to time to the Congress, by the Attorney General, the Secretary of the Interior, and the Secretary of the Navy, concerning the conditions specified in section 1 of such Act involving facilities to provide water for irrigation and other uses from the Santa Margarita River, California.

Repeal.

Repeal.

REPORTS UNDER THE DEPARTMENT OF COMMERCE

(3) Subsection (b) of the first section of the Act entitled "An Act to Annual reports Congre to provide basic authority for the performance of certain functions ination. s s, elimand activities of the Department of Commerce, and for other purposes", approved October 26, 1949 (63 Stat. 908; 15 U.S.C. 1514(b)), is amended by striking out ": Provided and all that follows thereafter to the end of such subsection and inserting in lieu thereof a semicolon, thereby eliminating the annual report to Congress showing total expenditures under such Act for food and other subsistence supplies for resale to employees of the Department of Commerce and other Federal agencies, and their dependents, in Alaska and other points outside of the continental United States, and the proceeds from such resales. (4) Chapter 256 of the Act entitled "An Act authorizing the Superintendent of the Coast and Geodetic Survey, subject to the approval of the Secretary of Commerce, to consider, ascertain, adjust, and determine claims for damage occasioned by acts for which said survey is responsible in certain cases", approved June 5, 1920 (41 Stat. 1054; 33 U.S.C. 853), is amended by striking out ", and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor." and inserting in lieu thereof a period, thereby eliminating the annual report to Congress, through the Treasury Department, of claims not to exceed $500 settled under such Act, and

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[88 STAT.

the amounts so ascertained and determined to be due the claimants. REPORTS U N D E R THE DEPARTMENT OF D E F E N S E Reports to Cong r e s s, elimination.

22 USC 1819.

Repeal. Reports to Cong r e s s i o n a l committee s, elimination.

(5) Section 8031(c) of title 10, United States Code, is amended by striking out the last sentence thereof, thereby eliminating the annual report to the Congress by the Secretary of the Air Force on the number of officers in the executive part of the Department of the Air Force and the j ustification therefor. • (6) Section 3031(c) of title 10, United States Code, is amended by striking out the last sentence thereof, thereby eliminating the quarterly report by the Secretary of the Army to the Congress on the number of officers in the executive part of the Department of the Army, the number of commissioned officers on or with the Army General Staff and the justification therefor. (7) Section 108 of the Mutual Security Appropriations Act, 1956 (69 Stat. 439), is amended by striking out Provided,''\ where it first appears, and all that follows thereafter down to and including '•''Provided further,'^ where it first appears, and inserting in lieu thereof '"'•Provided", and section 102 of the Mutual Security Appropriations Act, 1957 (70 Stat. 734), is repealed, thereby eliminating the quarterly reports by the Secretary of Defense to the Committees on Appropriations of the Senate and House of Representatives concerning items ordered, but yet to be delivered, against reserves of unobligated amounts of allocations for military assistance and those reports required not less often than each quarter containing a detailed breakdown, on a delivery or service-rendered basis, on all military assistance funds allocated and available to the Department of Defense as of the end of the preceding quarter. REPORTS UNDER THE DEPARTMENT OF H E A L T J r, E D U C A T I O N, A N D WEEF*ARE

Annual repc to C o n g r e s s, elimination.

(8) Section 16(c) of the Vocational Rehabilitation Act (81 Stat. 251; 29 U.S.C. 42a(c)), is amended by striking out paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively, thereby eliminating the annual report of the National Center for Deaf-Blind Youths and Adults, through the Secretary of the Department of Health, Education, and Welfare, to the Congress with comments and recommendations as the Secretary deems appropriate. REPORTS UNDER THE DEPARTMENT OF H O U S I N G AND U R B A N DEVELOPMENT

Repeal, Reports to cong r e s s i o n a l committee s, elimination.

(9) Section 5 of the Housing and LTrban Development Act of 1968 (82 Stat. 477; 12 U.S.C. 1701c note) is repealed, thereby eliminating the annual report by the Secretary to the Committee on Banking and Currency of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate, identifying specific areas of program administration and management which require improvement, describing actions taken and proposed for the purpose of making such improvements, and recommending such legislation as may be necessary to accomplish such improvements. REPORTS U N D E R THE DEPARTMENT OF THE

INTERIOR

(10) Section 3 of the Act entitled "An Act to direct the Secretary of Interior to cooperate with the States of New York and New Jersey on a program to develop, preserve, and restore the resources of the Hudson River and its shores and to authorize certain necessary steps to be taken to protect those resources from adverse Federal actions until the States and Congress shall have had an opportunity to act on that program", approved September 26, 1966 (80 Stat. 848), is

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 88 STAT. ]

amended by striking out the second, third, and fourth sentences and inserting in lieu thereof "The Secretary of the Interior shall serve as the representative of the United States in such negotiations and shall consult with the heads of other Federal agencies concerned.", thereby eliminating the annual report by the Secretary to the President, and transmitted by the President to the Congress, relating to a program to develop, preserve, and restore the resources of the Hudson River, as required by such section. (11) The Act entitled "An Act to provide for the protection and preservation of the Antietam Battlefield in the State of Maryland", approved April 22, 1960 (74 Stat. 80; 16 U.S.C. 430oo), is amended by striking out the last sentence thereof, thereby eliminating the annual report to the Congress by the Secretary on acquisitions of land and interests in land, or agreements entered into with respect to land, necessary to preserve, protect, and improve Antietam Battlefield, Maryland. (12) Section 3 of the Act entitled "An Act to provide for the establishment and operation of a research laboratory in the North Dakota lignite-consuming region for investigation of the mining, preparation, and utilization of lignite, for the development of new uses and markets, for improvement of health and safety in mining; and for a comprehensive study of the possibilities for increased utilization of the lignite resources of the region to aid in the solution of its economic problems and to make its natural and human resources of maximum usefulness in the reconversion period and time of peace", approved March 25, 1948 (62 Stat. 85; 30 U.S.C. 403), is repealed, thereby eliminating the annual report to the Congress by the Secretary, acting through the Bureau of Mines, on the activities of, expenditures by, and donations to, the research laboratory in the lignite-consuming region of North Dakota. (13) Section 5 of the Act entitled "An Act to provide a program for the discovery of the mineral reserves of the United States, its territories, and possessions by encouraging exploration for minerals, and for other purposes", approved August 21, 1958 (72 Stat. 701; 79 Stat. 1312; 30 U.S.C. 645), is repealed, thereby eliminating the annual report to the Congress by the Secretary on the operations of programs to stimulate exploration for minerals within the United States, its territories and possessions together with his recommendations regarding the need for such programs. n 4) Section 19 of the Organic Act of Guam (64 Stat. 389; 82 Stat. 847: 48 U.S.C. 14231) is amended in the last sentence thereof by striking out "Act, and by him to the Concfress of the United States, which" and inserting in lieu thereof "Act. The Congress of the United States", thereby eliminating the reports to the Congress by the Secretary of all laws passed by the Legislature of Guam as reported to the Secretary by the Governor of Guam. (15) Section 24 of the Act entitled "An Act to provide for the partition and distribution of the assets of the Ute Indian Tribe of the TTintfih and Ouray Reservation in Utah between the mixed-blood and full-blood members thereof; and for the termination of Federal supervision over the property of the mixed-blood members of said tribe; to provide a development program for the full-blood members of said tribe; and for other purposes", approved August 27, 1954 (68 Stat. 877; 25 U.S.C. 677w), is amended by striking out the last sentence thereof, thereby eliminating the annual progress report, through the Secretary, by the tribal business committee representing the full-blood group of the Ute Indian Tribe of the Uintah and Ouray Reservation in ITtah, of its activities and the expenditures authorized under such

Act.

1%9

PUBLIC LAW 93-608-JAN. 2, 1975

Annual report to the President and Congress, elimination.

Annual report to Congress, elimination.

Repeal.

Repeal.

Reports to Cong r e s s, elimination.

Annual progr e s s reports, elimination.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/654

 1970 Repeal.

Submission to Congress of grants and contracts, elimination.

Reports to Cong r e s s, elimination.

PUBLIC LAW 93-608-JAN. 2, 1975

[88

STAT.

(16) Section 3 of the Act entitled "An Act to establish a revolving fund from which the Secretary of the Interior may make loans to finance the procurement of expert assistance by Indian tribes in cases before the Indian Claims Commission", approved November 4, 1963 (77 Stat. 301; 25 U.S.C. 70n-3), is repealed, thereby eliminating the report to the Committees on Interior and Insular Affairs of the Senate and House of Representatives, on every loan made under such Act. (17) Section 200 of the Water Resources Research Act of 1964 (80 Stat. 130; 42 U.S.C. 1961b) is amended by striking out " (a) " immediately after "SEC. 200." and by striking out subsection (b) thereof, thereby eliminating the requirement of the submission to the President of the Senate and the Speaker of the House of Representatives of a copy of each grant, contract, and matching or other arrangement, sixty days prior to the award of any such grant, contract, or other arrangement under subsection (a) of such section. (18) Section 8 of the Reclamation Project Act of 1939 (53 Stat. 1193; 43 U.S.C. 485g) is amended by striking out subsection (f) and redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively, thereby eliminating the report to Congress by the Secretary, from time to time, on classifications and reclassifications of reclamation project lands. (19) Section 9(e) of the Boulder City Act of 1958 (72 Stat. 1734) is amended by striking out "and shall report his findings and recommendations to the Congress as soon thereafter as practicable," and inserting in lieu thereof a period, thereby eliminating the report to the Congress by the Secretary, at the end of each five-year period after incorporation of Boulder City concerning the need for assistance to the municipality for its water supply. REPORTS U N D E R THE DEPARTMENT OF TRANSPORTATION

Semiannual report to c o n g r e s sional committee s, elimination.

Biennial authorization req u e s t s, elimination. 49 USC 1603.

(20) Section 302(c) of the Federal Aviation Act of 1958 (72 Stat. 745; 49 U.S.C. 1343(a)) is amended by striking out paragraph (3) thereof, thereby eliminating the semiannual report to appropriate committees of the Congress by the Secretary on agreements providing for the detail of members of the armed services to the Federal Aviation Administration. (21) Section 4(d) of the Urban Mass Transportation Act of 1964 (84 Stat. 965; U.S.C. 1603(d)) is amended by striking out the second sentence and all that follows to the end of the subsection, thereby eliminating the biennial authorization requests under such section to the Congress by the Secretary together with his recommendations regarding adjustments in the schedule for liquidation of obligations. REPORTS U N D E R THE ATOMIC ENERGY COMMISSION

Repeal.

(22) Section 102 of the Atomic Energy Community Act of 1955 (69 Stat. 483; 42 U.S.C. 2314) is repealed, thereby eliminating the triennial report to the Joint Committee on Atomic Energy by the Commission on a full review of its activities under such Act. REPORTS U N D E R THE OFFICE OF ECONOMIC

Annual report, elimination.

OPPORTUNITY

(23) Section 610-1 of the Economic Opportunity Act of 1964 (80 Stat. 1470; 42 U.S.C. 2951) is amended by striking out subsection (b), and by redesignating subsection (c) as subsection (b), thereby eliminating the annual report to the Congress submitted by the Director through the President concerning officers or employees whose compensation is subject to the limitation set forth in subsection (a) of

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PUBLIC LAW 93-608-JAN. 2, 1975

such Act and who were receiving at the end of the fiscal year a salary of $10,000 or more per year. SEC. 2. The frequency of submission of certain reports to the Congress or other Government authorities is modified as follows: (1) Section 10 of the Export Administration Act of 1969 (83 Stat. 846; 50 U.S.C. App. 2409) is amended by striking out "quarterly report, within 45 days after each quarter,'" and inserting in lieu thereof "semiannual report", thereby changing the frequency of submission of the report to the President and Congress by the Secretary of Commerce of his operations under such Act. (2) Section 2455 of title 10, United States Code, is amended in subsections (a) and (b) thereof by striking out "and »July 31", by striking out "six-month period", and inserting in lieu thereof "yearly period", by striking out "June 30 or", and by striking out ", whichever was later." and inserting in lieu thereof a period, thereby changing the requirements under such section of a semiannual to an annual submission to the Committees on Armed Services of the Senate and the House of Representatives by the Secretary of Defense of a progiess report on the cataloging program and a report on the progress of the standardization program. (3) The report on contributions to the States for civil defense purposes required of the Secretary of Defense as a result of section 1 of the Reorganization Plan Numbered 1 of 1958 (72 Stat. 1799) and section 1 of Executive Order Number 10952 (26 F.R. 6577), pursuant to section 201(i) of the Federal Civil Defense Act of 1950 (64 Stat. 1251), shall be submitted to Congress annually,, in lieu of quarterly as previously required by such section 201(i). (4) Section 409 of the Act entitled "An Act to authorize appropriations during the fiscal j^ear 1970 for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, and research, development, test, and evaluation for the Armed Forces, and to authorize the construction of test facilities at Kwajalein Missile Range, and to prescribe the authorized personnel strength of the Selected Reserve of each reserve component of the Ai'med Forces, and for other purposes", approved November 19, 1969 (83 Stat. 209; 50 U.S.C. 1511) is amended by striking out the first sentence thereof and inserting in lieu thereof "The Secretary of Defense shall submit an annual report to Congress on or before January 31 setting forth the amounts spent during the preceding year for research, development, test, and evaluation of all lethal and nonlethal chemical and biological agents.", thereby changing the requirement for submission of the report under such section from semiannual to annual. (5) Section 1120(b) of the Social Security Act (81 Stat. 920; 42 U.S.C. 1320(b)) is amended by striking out all that follows " (b) " and inserting in lieu thereof "The Secretary shall submit an annual report to Congress setting forth a description of each project approved under subsection (a) during the year preceding such report, including a statement of the purpose, probable cost, and expected duration of each such project.", thereby changing the requirement of submission of such report from as soon as possible after the approval of any project to an annual submission to the Congress by the Secretary of the Department of Health, Education, and Welfare on each project approved under subsection (a) of such section. (6) Section 2 of the Act entitled "An Act to extend certain authority of the Secretary of the Interior exercised through the Geological Survey of the Department of the Interior, to areas outside the national domain", approved September 5, 1962 (76 Stat. 427; 43 U.S.C. 31 (c)), is amended by striking out "and July 31", by striking out "six months" and inserting in lieu thereof "year", and by striking out

1971

Modifications. Semiannual report to P r e s i d e n t and C o n g r e s s.

Annual report to congres sional committees.

50 USC app. 2281 note. 5 USC app. 50 USC app. 2271 note. Annual report to Congress.

Annual report to Congress.

Annual report to Congress.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/656

 1972 Annual report to Congress.

Report to Cong r e s s and the President.

Annual reports to C o n g r e s s.

15 USC 1454.

Reports to Cong r e s s and the President.

PUBLIC LAW 93-609-JAN. 2, 1975

[88

STAT.

"'and June 30", thereby changing the requirement undei- such section from a semiannual to an annual submission to the Speaker of the House of Representatives and the President of the Senate, by the Secretary of the Interior, of a report on all actions taken pursuant to such Act. SEC. 3. To modify substantive aspects of certain requirements to report to Congress or other Government authority, the following provisions of law are hereby amended as follows: (1) Section 705(e) of the Civil Rights Act of 1964 (78 Stat. 258; 42 U.S.C. 2000e-4(d)) is hereby amended to read as follows: "(e) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable." (2) Section 8 of the Fair Packaging and Labeling Act (80 Stat. 1300; 15 U.S.C. 1457) is hereby amended to read as follows: "SEC. 8. Each officer or agency required or authorized by this Act to promulgate regulations foi- the packaging or labeling of any consumer commodity, or to participate in the development of voluntary product standards with respect to any consumer commodity under procedures referred to in section 5(d) of this Act. shall ti-ansmit to the Congress each yeai" a report containing a full and complete description of the activities of that officer or agency for the administration and enforcement of this Act during the preceding fiscal year. All agencies except the Federal Trade Commission shall submit their report in January of each year. The Federal Trade Commission shall include this report in the Commission's annual report to Congress.". (3) Section 3(c) of the National Labor Relations Act (49 Stat. 451; 29 U.S.C. 153 (c)) is hereby amended to read as follows: "(c) The Board shall at the close of each fiscal year make a report in writing to Congress and to the President stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbureed." (4) Subsection (a) of section 10 of the Small Business Act (75 Stat. 666; 15 U.S.C. 639(a)) is amended by striking out "calendar" in the first and second sentences and inserting in lieu thereof "fiscal", and by striking out the comma after "involved" in the fourth sentence and all that follows to the end of the subsection and inserting in lieu thereof a period. (5) Subsection (b) of section 10 of the Small Business Act (75 Stat. 666; 15 U.S.C. 639(b)) is amended by striking out "on December 31 of each year" and inserting in lieu thereof "as soon as practicable each fiscal year". Approved January 2, 1975. Public Law 93-609

January 2, 1975 [H. R.15173]

Omnibus Crime Control and Safe Streets Act of 1968, amendments.

AN ACT To extend until.Januar.v 31, 1976 the authority of the National Commission for the Review of Federal and State Laws on AViretapping and Electronic Surveillance, 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 804(h) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (82 Stat. 197; 18 U.S.C. 2510 note), is further amended by striking out "within the two-year period following the effective date of this subsection." and inserting in lieu thereof "on or before January 31, 1976.".

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PUBLIC LAW 93-610-JAN. 2, 1975

1973

SEC. 2. Section 804(g) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end thereof the n o18. u s e 2510 te following new paragraph: "(5) Whenever the Commission or any subcommittee determines by majority vote to meet in a closed session, sections 10(a)(1) and (3) and 10(b) of the Federal Advisory Committee Act (86 Stat. 770; 5 U.S.C. Appendix) shall not apply with respect to such meeting, and section 552 of title 5, United States Code, shall not apply to the records, reports, and transcripts of any such meeting.". SEC. 3. The first sentence of paragraph (1) of section 804(g) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking out "The Commission or any duly authorized subcommittee" and inserting in lieu thereof: "Notwithstanding section 2515 of title 18, United States Code, the Commission or any duly authorized siiucorninit/t66 SEC. 4. For purposes of section 108 of title 1, United States Code, J^»^ "sc 2510 section 20(c) of the Omnibus Crime Control Act of 1970 shall be "°84'Stat. 1892. deemed to provide expressly for the revival of section 804 of the Omnibus Crime Control and Safe Streets Act of 1968. Approved January 2, 1975. Public Law 93-610 AN ACT

0,0,= January 2, 1 975

To expand the authority of the Ca«al Zone Government to settle claims not cognizable under the Tort Claims Act.

[H. R. 15229]

Be it enacted by the Senate and House of Representatives of the Canal Zone United States of America in Congress assembled, That the title of Government. section 271 in the list of sections of chapter 11, title 2, Canal Zone "cia'i'mrse'ttt Code, is amended to read as follows: '"^"' "271. Claims arising from civil government.". SEC. 2. Section 271 of title 2, Canal Zone Code (76A Stat. 22), is amended to read as follows: "§ 271. Claims arising from civil government " (a) The Governor, or his designee, may adjust and pay claims for injury to, or loss of, property or personal injury or death arising from the activities of the Canal Zone Government. "(b) An award made to a claimant pursuant to this section shall be payable out of any moneys appropriated for or made available to the Canal Zone Government. The acceptance by the claimant of the award shall be final and conclusive on the claimant, and shall constitute a complete release by him of his claim against the United States and against any employee of the United States acting in the course of his employment who is involved in the matter giving rise to the claim, except that the Governor may make an interim partial award for humanitarian or compassionate reasons in a sum not exceeding $1,000. "(c) This section does not apply to tort claims cognizable under section 1346(b) or 2672 of title 28, United States Code." Approved January 2, 1975.

38-194 O - 76 -42 Pt. 2

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Carey v. Population Services International/Opinion of the Court

Mr. Justice Brennan delivered the opinion of the Court (Parts I, II, III, and V), together with an opinion (Part IV), in which Mr. Justice Stewart, Mr. Justice Marshall, and Mr. Justice Blackmun joined.

Under New York Educ. Law § 6811 (8) (McKinney 1972) it is a crime (1) for any person to sell or distribute any contraceptive of any kind to a minor under the age of 16 years; (2) for anyone other than a licensed pharmacist to distribute contraceptives to persons 16 or over; and (3) for anyone, including licensed pharmacists, to advertise or display contraceptives. A three-judge District Court for the Southern District of New York declared § 6811 (8) unconstitutional in its entirety under the First and Fourteenth Amendments of the Federal Constitution insofar as it applies to nonprescription contraceptives, and enjoined its enforcement as so applied. 398 F. Supp. 321 (1975). We noted probable jurisdiction, 426 U.S. 918 (1976). We affirm.

I
We must address a preliminary question of the standing of the various appellees to maintain the action. We conclude that appellee Population Planning Associates, Inc. (PPA) has the requisite standing and therefore have no occasion to decide the standing of the other appellees.

PPA is a corporation primarily engaged in the mail-order retail sale of nonmedical contraceptive devices from its offices in North Carolina. PPA regularly advertises its products in periodicals published or circulated in New York, accepts orders from New York residents, and fills orders by mailing contraceptives to New York purchasers. Neither the advertisements nor the order forms accompanying them limit availability of PPA's products to persons of any particular age.

Various New York officials have advised PPA that its activities violate New York law. A letter of December 1, 1971, notified PPA that a PPA advertisement in a New York college newspaper violated § 6811 (8), citing each of the three challenged provisions, and requested "future compliance" with the law. A second letter, dated February 23, 1973, notifying PPA that PPA's magazine advertisements of contraceptives violated the statute, referred particularly to the provisions prohibiting sales to minors and sales by nonpharmacists, and threatened: "In the event you fail to comply, the matter will be referred to our Attorney General for legal action." Finally, PPA was served with a copy of a report of inspectors of the State Board of Pharmacy, dated September 4, 1974, which recorded that PPA advertised male contraceptives, and had been advised to cease selling contraceptives in violation of the state law.

That PPA has standing to challenge § 6811 (8), not only in its own right but also on behalf of its potential customers, is settled by Craig v. Boren, 429 U.S. 190, 192-197 (1976). Craig held that a vendor of 3.2% beer had standing to challenge in its own right and as advocate for the rights of third persons, the gender-based discrimination in a state statute that prohibited sale of the beer to men, but not to women, between the ages of 18 and 21. In this case, as did the statute in Craig, § 6811 (8) inflicts on the vendor PPA "injury in fact" that satisfies Art. III's case-or-controversy requirement, since "[t]he legal duties created by the statutory sections under challenge are addressed directly to vendors such as [PPA. It] is obliged either to heed the statutory [prohibition], thereby incurring a direct economic injury through the constriction of [its] market, or to disobey the statutory command and suffer" legal sanctions. 429 U.S., at 194 Therefore, PPA is among the "vendors and those in like positions [who] have been uniformly permitted to resist efforts at restricting their operations by acting as advocates for the rights of third parties who seek access to their market or function." Id., at 195. See also Eisenstadt v. Baird, 405 U.S. 438, 443-446 (1972); Sullivan v. Little Hunting Park, 396 U.S. 229, 237 (1969); Barrows v. Jackson, 346 U.S. 249, 257-260 (1953). As such, PPA "is entitled to assert those concomitant rights of third parties that would be 'diluted or adversely affected' should [its] constitutional challenge fail." Craig v. Boren, supra, at 195, quoting Griswold v. Connecticut, 381 U.S. 479, 481 (1965).

II
Although "[t]he Constitution does not explicitly mention any right of privacy," the Court has recognized that one aspect of the "liberty" protected by the Due Process Clause of the Fourteenth Amendment is "a right of personal privacy, or a guarantee of certain areas or zones of privacy." Roe v. Wade, 410 U.S. 113, 152 (1973). This right of personal privacy includes "the interest in independence in making certain kinds of important decisions." Whalen v. Roe, 429 U.S. 589, 599-600 (1977). While the outer limits of this aspect of privacy have not been marked by the Court, it is clear that among the decisions that an individual may make without unjustified government interference are personal decisions "relating to marriage, Loving v. Virginia, 388 U.S. 1, 12 (1967); procreation, Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 541-542 (1942); contraception, Eisenstadt v. Baird, 405 U.S., at 453-454; id., at 460, 463-465 (White, J., concurring in result); family relationships, Prince v. Massachusetts, 321 U.S. 158, 166 (1944); and child rearing and education, Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925); Meyer v. Nebraska, [ 262 U.S. 390, 399 (1923)]." Roe v. Wade, supra, at 152-153. See also Cleveland Board of Education v. LaFleur, 414 U.S. 632, 639-640 (1974).

The decision whether or not to beget or bear a child is at the very heart of this cluster of constitutionally protected choices. That decision holds a particularly important place in the history of the right of privacy, a right first explicitly recognized in an opinion holding unconstitutional a statute prohibiting the use of contraceptives, Griswold v. Connecticut, supra, and most prominently vindicated in recent years in the contexts of contraception, Griswold v. Connecticut, supra; Eisenstadt v. Baird, supra; and abortion, Roe v. Wade, supra; Doe v. Bolton, 410 U.S. 179 (1973); Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976). This is understandable, for in a field that by definition concerns the most intimate of human activities and relationships, decisions whether to accomplish or to prevent conception are among the most private and sensitive. "If the right of privacy means anything, it is the right of the individual, married or single, to be free of unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." Eisenstadt v. Baird, supra, at 453. (Emphasis omitted.)

That the constitutionally protected right of privacy extends to an individual's liberty to make choices regarding contraception does not, however, automatically invalidate every state regulation in this area. The business of manufacturing and selling contraceptives may be regulated in ways that do not infringe protected individual choices. And even a burdensome regulation may be validated by a sufficiently compelling state interest. In Roe v. Wade, for example, after determining that the "right of privacy...encompass[es] a woman's decision whether or not to terminate her pregnancy," 410 U.S., at 153, we cautioned that the right is not absolute, and that certain state interests (in that case, "interests in safeguarding health, in maintaining medical standards, and in protecting potential life") may at some point "become sufficiently compelling to sustain regulation of the factors that govern the abortion decision." Id., at 154. "Compelling" is of course the key word; where a decision as fundamental as that whether to bear or beget a child is involved, regulations imposing a burden on it may be justified only by compelling state interests, and must be narrowly drawn to express only those interests. Id., at 155-156, and cases there cited.

With these principles in mind, we turn to the question whether the District Court was correct in holding invalid the provisions of § 6811 (8) as applied to the distribution of nonprescription contraceptives.

III
We consider first the wider restriction on access to contraceptives created by § 6811 (8)'s prohibition of the distribution of nonmedical contraceptives to adults except through licensed pharmacists.

Appellants argue that this Court has not accorded a "right of access to contraceptives" the status of a fundamental aspect of personal liberty. They emphasize that Griswold v. Connecticut struck down a state prohibition of the use of contraceptives, and so had no occasion to discuss laws "regulating their manufacture or sale." 381 U.S., at 485. Eisenstadt v. Baird, was decided under the Equal Protection Clause, holding that "whatever the rights of the individual to access to contraceptives may be, the rights must be the same for the unmarried and the married alike." 405 U.S., at 453. Thus appellants argue that neither case should be treated as reflecting upon the State's power to limit or prohibit distribution of contraceptives to any persons, married or unmarried. But see id., at 463-464 (White, J., concurring in result).

The fatal fallacy in this argument is that it overlooks the underlying premise of those decisions that the Constitution protects "the right of the individual...to be free from unwarranted governmental intrusion into...the decision whether to bear or beget a child." Id., at 453. Griswold did state that by "forbidding the use of contraceptives rather than regulating their manufacture or sale," the Connecticut statute there had "a maximum destructive impact" on privacy rights. 381 U.S., at 485. This intrusion into "the sacred precincts of marital bedrooms" made that statute particularly "repulsive." Id., at 485-486. But subsequent decisions have made clear that the constitutional protection of individual autonomy in matters of childbearing is not dependent on that element. Eisenstadt v. Baird, holding that the protection is not limited to married couples, characterized the protected right as the "decision whether to bear or beget a child." 405 U.S., at 453 (emphasis added). Similarly, Roe v. Wade, held that the Constitution protects "a woman's decision whether or not to terminate her pregnancy." 410 U.S., at 153 (emphasis added). See also Whalen v. Roe, supra, at 599-600, and n. 26. These decisions put Griswold in proper perspective. Griswold may no longer be read as holding only that a State may not prohibit a married couple's use of contraceptives. Read in light of its progeny, the teaching of Griswold is that the Constitution protects individual decisions in matters of childbearing from unjustified intrusion by the State.

Restrictions on the distribution of contraceptives clearly burden the freedom to make such decisions. A total prohibition against sale of contraceptives, for example, would intrude upon individual decisions in matters of procreation and contraception as harshly as a direct ban on their use. Indeed, in practice, a prohibition against all sales, since more easily and less offensively enforced, might have an even more devastating effect upon the freedom to choose contraception. Cf. Poe v. Ullman, 367 U.S. 497 (1961).

An instructive analogy is found in decisions after Roe v. Wade, supra, that held unconstitutional statutes that did not prohibit abortions outright but limited in a variety of ways a woman's access to them. Doe v. Bolton, 410 U.S. 179 (1973); Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976). See also Bigelow v. Virginia, 421 U.S. 809 (1975). The significance of these cases is that they establish that the same test must be applied to state regulations that burden an individual's right to decide to prevent conception or terminate pregnancy by substantially limiting access to the means of effectuating that decision as is applied to state statutes that prohibit the decision entirely. Both types of regulation "may be justified only by a 'compelling state interest'...and...must be narrowly drawn to express only the legitimate state interests at stake." Roe v. Wade, supra, at 155. See also Eisenstadt v. Baird, 405 U.S., at 463 (White, J., concurring in result). This is so not because there is an independent fundamental "right of access to contraceptives," but because such access is essential to exercise of the constitutionally protected right of decision in matters of childbearing that is the underlying foundation of the holdings in Griswold, Eisenstadt v. Baird, and Roe v. Wade.

Limiting the distribution of nonprescription contraceptives to licensed pharmacists clearly imposes a significant burden on the right of the individuals to use contraceptives if they choose to do so. Eisenstadt v. Baird, supra, at 461-464 (White, J., concurring in result). The burden is, of course, not as great as that under a total ban on distribution. Nevertheless, the restriction of distribution channels to a small fraction of the total number of possible retail outlets renders contraceptive devices considerably less accessible to the public, reduces the opportunity for privacy of selection and purchase, and lessens the possibility of price competition. Cf. Griswold v. Connecticut, 381 U.S., at 503 (White, J., concurring in judgment). Of particular relevance here is Doe v. Bolton, supra, in which the Court struck down, as unconstitutionally burdening the right of a woman to choose abortion, a statute requiring that abortions be performed only in accredited hospitals, in the absence of proof that the requirement was substantially related to the State's interest in protecting the patient's health. 410 U.S., at 193-195. The same infirmity infuses the limitation in § 6811 (8). "Just as in Griswold, where the right of married persons to use contraceptives was 'diluted or adversely affected' by permitting a conviction for giving advice as to its exercise,...so here, to sanction a medical restriction upon distribution of a contraceptive not proved hazardous to health would impair the exercise of the constitutional right." Eisenstadt v. Baird, 405 U.S., at 464 (White, J., concurring in result).

There remains the inquiry whether the provision serves a compelling state interest. Clearly "interests...in maintaining medical standards, and in protecting potential life," Roe v. Wade, 410 U.S., at 154, cannot be invoked to justify this statute. Insofar as § 6811 (8) applies to nonhazardous contraceptives, it bears no relation to the State's interest in protecting health. Eisenstadt v. Baird, supra, at 450-452; 463-464 (White, J., concurring in result). Nor is the interest in protecting potential life implicated in state regulation of contraceptives. Roe v. Wade, supra, at 163-164.

Appellants therefore suggest that § 6811 (8) furthers other state interests. But none of them is comparable to those the Court has heretofore recognized as compelling. Appellants argue that the limitation of retail sales of nonmedical contraceptives to pharmacists (1) expresses "a proper concern that young people not sell contraceptives"; (2) "allows purchasers to inquire as to the relative qualities of the varying products and prevents anyone from tampering with them"; and (3) facilitates enforcement of the other provisions of the statute. Brief for Appellants 14. The first hardly can justify the statute's incursion into constitutionally protected rights, and in any event the statute is obviously not substantially related to any goal of preventing young people from selling contraceptives. Nor is the statute designed to serve as a quality control device. Nothing in the record suggests that pharmacists are particularly qualified to give advice on the merits of different nonmedical contraceptives, or that such advice is more necessary to the purchaser of contraceptive products than to consumers of other nonprescription items. Why pharmacists are better able or more inclined than other retailers to prevent tampering with prepackaged products, or, if they are, why contraceptives are singled out for this special protection, is also unexplained. As to ease of enforcement, the prospect of additional administrative inconvenience has not been thought to justify invasion of fundamental constitutional rights. See, e. g., Morrissey v. Brewer, 408 U.S. 471 (1972); Goldberg v. Kelly, 397 U.S. 254 (1970).

A
The District Court also held unconstitutional, as applied to nonprescription contraceptives, the provision of § 6811 (8) prohibiting the distribution of contraceptives to those under 16 years of age. Appellants contend that this provision of the statute is constitutionally permissible as a regulation of the morality of minors, in furtherance of the State's policy against promiscuous sexual intercourse among the young.

The question of the extent of state power to regulate conduct of minors not constitutionally regulable when committed by adults is a vexing one, perhaps not susceptible of precise answer. We have been reluctant to attempt to define "the totality of the relationship of the juvenile and the state." In re Gault, 387 U.S. 1, 13 (1967). Certain principles, however, have been recognized. "Minors, as well as adults, are protected by the Constitution and possess constitutional rights." Planned Parenthood of Central Missouri v. Danforth, 428 U.S., at 74. "[W]hatever may be their precise impact, neither the Fourteenth Amendment nor the Bill of Rights is for adults alone." In re Gault, supra, at 13. On the other hand, we have held in a variety of contexts that "the power of the state to control the conduct of children reaches beyond the scope of its authority over adults." Prince v. Massachusetts, 321 U.S. 158, 170 (1944). See Ginsberg v. New York, 390 U.S. 629 (1968). See also McKeiver v. Pennsylvania, 403 U.S. 528 (1971).

Of particular significance to the decision of this case, the right to privacy in connection with decisions affecting procreation extends to minors as well as to adults. Planned Parenthood of Central Missouri v. Danforth, supra, held that a State "may not impose a blanket provision...requiring the consent of a parent or person in loco parentis as a condition for abortion of an unmarried minor during the first 12 weeks of her pregnancy." 428 U.S., at 74. As in the case of the spousal-consent requirement struck down in the same case, id., at 67-72, "the State does not have the constitutional authority to give a third party an absolute, and possibly arbitrary, veto," id., at 74, "'which the state itself is absolutely and totally prohibited from exercising.'" Id., at 69. State restrictions inhibiting privacy rights of minors are valid only if they serve "any significant state interest...that is not present in the case of an adult." Id., at 75. Planned Parenthood found that no such interest justified a state requirement of parental consent.

Since the State may not impose a blanket prohibition, or even a blanket requirement of parental consent, on the choice of a minor to terminate her pregnancy, the constitutionality of a blanket prohibition of the distribution of contraceptives to minors is a fortiori foreclosed. The State's interests in protection of the mental and physical health of the pregnant minor, and in protection of potential life are clearly more implicated by the abortion decision than by the decision to use a nonhazardous contraceptive.

Appellants argue, however, that significant state interests are served by restricting minors' access to contraceptives, because free availability to minors of contraceptives would lead to increased sexual activity among the young, in violation of the policy of New York to discourage such behavior. The argument is that minors' sexual activity may be deterred by increasing the hazards attendant on it. The same argument, however, would support a ban on abortions for minors, or indeed support a prohibition on abortions, or access to contraceptives, for the unmarried, whose sexual activity is also against the public policy of many States. Yet, in each of these areas, the Court has rejected the argument, noting in Roe v. Wade, that "no court or commentator has taken the argument seriously." 410 U.S., at 148. The reason for this unanimous rejection was stated in Eisenstadt v. Baird: "It would be plainly unreasonable to assume that [the State] has prescribed pregnancy and the birth of an unwanted child [or the physical and psychological dangers of an abortion] as punishment for fornication." 405 U.S., at 448. We remain reluctant to attribute any such "scheme of values" to the State.

Moreover, there is substantial reason for doubt whether limiting access to contraceptives will in fact substantially discourage early sexual behavior. Appellants themselves conceded in the District Court that "there is no evidence that teenage extramarital sexual activity increases in proportion to the availability of contraceptives," 398 F. Supp., at 332, and n. 10, and accordingly offered none, in the District Court or here. Appellees, on the other hand, cite a considerable body of evidence and opinion indicating that there is no such deterrent effect. Although we take judicial notice, as did the District Court, id., at 331-333, that with or without access to contraceptives, the incidence of sexual activity among minors is high, and the consequences of such activity are frequently devastating, the studies cited by appellees play no part in our decision. It is enough that we again confirm the principle that when a State, as here, burdens the exercise of a fundamental right, its attempt to justify that burden as a rational means for the accomplishment of some significant state policy requires more than a bare assertion, based on a conceded complete absence of supporting evidence, that the burden is connected to such a policy.

B
Appellants argue that New York does not totally prohibit distribution of contraceptives to minors under 16, and that accordingly § 6811 (8) cannot be held unconstitutional. Although § 6811 (8) on its face is a flat unqualified prohibition, Educ. Law § 6807 (b) (McKinney, Supp. 1976-1977), see nn. 1, 7, and 13, supra, provides that nothing in Education Law §§ 6800-6826 shall be construed to prevent "[a]ny physician...from supplying his patients with such drugs as [he]...deems proper in connection with his practice." This narrow exception, however, does not save the statute. As we have held above as to limitations upon distribution to adults, less than total restrictions on access to contraceptives that significantly burden the right to decide whether to bear children must also pass constitutional scrutiny. Appellants assert no medical necessity for imposing a medical limitation on the distribution of nonprescription contraceptives to minors. Rather, they argue that such a restriction serves to emphasize to young people the seriousness with which the State views the decision to engage in sexual intercourse at an early age. But this is only another form of the argument that juvenile sexual conduct will be deterred by making contraceptives more difficult to obtain. Moreover, that argument is particularly poorly suited to the restriction 699*699 appellants are attempting to justify, which on appellants' construction delegates the State's authority to disapprove of minors' sexual behavior to physicians, who may exercise it arbitrarily, either to deny contraceptives to young people, or to undermine the State's policy of discouraging illicit early sexual behavior. This the State may not do. Cf. Planned Parenthood of Central Missouri v. Danforth, 428 U.S., at 69, 74.

V
The District Court's holding that the prohibition of any "advertisement or display" of contraceptives is unconstitutional was clearly correct. Only last Term ''Virginia Pharmacy Bd. v. Virginia Citizens Consumer Council'', 425 U.S. 748 (1976), held that a State may not "completely suppress the dissemination of concededly truthful information about entirely lawful activity," even when that information could be categorized as "commercial speech." Id., at 773. Just as in that case, the statute challenged here seeks to suppress completely any information about the availability and price of contraceptives. Nor does the case present any question left open in Virginia Pharmacy Bd.; here, as there, there can be no contention that the regulation is "a mere time, place, and manner restriction," id., at 771, or that it prohibits only misleading or deceptive advertisements, ibid., or "that the transactions proposed in the forbidden advertisements are themselves illegal in any way. Cf. Pittsburgh Press Co. v. Human Relations Comm'n, [ 413 U.S. 376 (1973)]." Id., at 772-773. Moreover, in addition to the "substantial individual and societal interests" in the free flow of commercial information enumerated in Virginia Pharmacy Bd., supra, at 763-766, the information suppressed by this statute "related to activity with which, at least in some respects, the State could not interfere." 425 U.S., at 760. Cf. Bigelow v. Virginia, 421 U.S. 809 (1975).

Appellants contend that advertisements of contraceptive products would be offensive and embarrassing to those exposed to them, and that permitting them would legitimize sexual activity of young people. But these are classically not justifications validating the suppression of expression protected by the First Amendment. At least where obscenity is not involved, we have consistently held that the fact that protected speech may be offensive to some does not justify its suppression. See, e. g., Cohen v. California, 403 U.S. 15 (1971). As for the possible "legitimation" of illicit sexual behavior, whatever might be the case if the advertisements directly incited illicit sexual activity among the young, none of the advertisements in this record can even remotely be characterized as "directed to inciting or producing imminent lawless action and...likely to incite or produce such action." Brandenburg v. Ohio, 395 U.S. 444, 447 (1969). They merely state the availability of products and services that are not only entirely legal, cf. Pittsburgh Press Co. v. Human Relations Comm'n, 413 U.S. 376 (1973), but constitutionally protected. Cf. Bigelow v. Virginia, supra. These arguments therefore do not justify the total suppression of advertising concerning contraceptives.

Affirmed.

The Chief Justice dissents.


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Page:United States Statutes at Large Volume 88 Part 2.djvu/658

 1974

PUBLIC LAW 93-611-JAN. 2, 1975

[88

STAT.

Public Law 93-611 January 2, 1975 [H. R. 1 6 0 4 5 ]

Solid Waste D i s p o s a l Act, appropriations. 42 USC 3259.

AN ACT To amend the Solid Waste Disposal Act to authorize appropriations for fiscal year 1975.

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That paragraph (2) of subsection (a) of section 216 of the Solid Waste Disposal Act, as amended (87 Stat. 11), is amended by striking "and not to exceed $76,000,000 for the fiscal year ending June 30, 1974." and inserting in lieu thereof ", not to exceed $76,000,000 for the fiscal year ending June 30, 1974, and not to exceed $76,000,000 for the fiscal year ending June 30, 1975.". Approved January 2, 1975. Public Law 93-612

January 2, 1975 [H. R.16215]

Coastal States. Administrative grants. 16 USC 1451 note. 16 USC 1454.

16 USC 1455.

Appropriation. 16 USC 1464.

AN ACT To amend the Coastal Zone Management Act of 1972, to provide more flexibility in the allocation of administrative grants to coastal States, 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 Coastal Zone Management Act of 1972 (86 Stat. 1280) is amended as follows: (1) Subsection (e) of section 305 is amended by changing the period at the end of the subsection to a colon and by adding immediately thereafter the following: '''And provided further, That the Secretary shall waive the application of the 1 per centum minimum requirement as to any grant under this section, when the coastal State involved requests such a waiver.". (2) Subsection (b) of section 306 is amended by deleting all after "relevant factors:", and by inserting in lieu thereof Provided, That no annual grant made under this section shall be in excess of $2,000,000 for fiscal year 1975, in excess of $2,500,000 for fiscal year 1976, nor in excess of $3,000,000 for fiscal year 1977: Provided further, That no annual grant made under this section shall be less than 1 per centum of the total amount appropriated to carry out the purposes of this section: And provided further, That the Secretary shall waive the application of the 1 per centum minimum requirement as to any grant under this section, when the coastal State involved requests such a waiver.". (3) Subsection (a) of section 315 is amended— (A) by amending item (1) to read as follows: "(1) the sum of $9,000,000 for each of the fiscal years ending June 30, 1973, and June 30, 1974, and the sum of $12,000,000 for each of the three succeeding fiscal years, for grants under section 305, to remain available until expended;" and (B) by inserting, in item (3), after "fiscal year ending June 30, 1974," the following: "and for each of the three succeeding fiscal years.". Approved January 2, 1975.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/659

 88 STAT. ]

PUBLIC LAW 93-614-JAN. 2, 1975

1975

Public Law 93-613 AN ACT To establi!^h a working capital fund in the Department of Justice. Be it enacted by the Senate and House of Represevitatives of the United States of America in Congress assembled, That chapter 31 of title 28, United States Code, is amended by inserting the following new section at the end thereof: "§ 527. Establishment of working capital fund "There is hereby authorized to be established a working capital fund for the Department of Justice, which shall be available, without fiscal year limitation, for expenses and equipment necessary for maintenance and operations of such administrative services as the Attorney General, with the approval of the Office of Management and Budget, determines may be performed more advantageously as central services. The capital of the fund shall consist of the amount of the fair and reasonable value of such inventories, equipment, and other assets and inventories on order pertaining to the services to be carried on by the fund as the Attorney General may transfer to the fund less related liabilities and unpaid obligations together with any appropriations made for the purpose of providing capital. The fund shall be reimbursed or credited with advance payments from applicable appropriations and funds of the Department of Justice, other Federal agencies, and other sources authorized by law for supplies, materials, and services at rates which will recover the expenses of operations including accrual of annual leave and depreciation of plant and equipment of the fund. The fund shall also be credited with other receipts from sale or exchange of property or in payment for loss or damage to property held by the fund. There shall be transferred into the Treasury as miscellaneous receipts, as of the close of each fiscal year, any net income after making provisions for prior year losses, if any. (2) The section analysis of chapter 31 of title 28, United States Code, is amended by inserting the following item at the end thereof:

January 2, 1975 [H. R.17010]

Department Justice. Working cap ital fund, establishment. 28 USC 527

"527. Establishment of working capital fund.".

Approved January 2., 1975, Public Law 93-614 AN ACT To provide a People's Counsel for the Public Service Commission in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is hereby established within the Public Service Commission of the District of Columbia, established by section 8 of the Act of March 4, 1913, as amended (D.C. Code, sec. 43-201), an office to be known as the "Office of the People's Counsel". (b) There shall be at the head of such office the People's Counsel who shall be appointed by the Commissioner of the District of Columbia, b}^ and with the advice and consent of the District of Columbia Council, and who shall serve for a term of three years. Appointments to the position of People's Counsel shall be made without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service. The People's Counsel shall be entitled

January 2, 1975 [H. R. 1 7 4 5 0 ]

D.C. Office of the People's Counsel, establishment. D.C. Code 4 3 205. Membership.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/660

 1976

5 USC 5332

note

Compensation.

Duties.

Expenses.

PUBLIC LAW 93-614-JAN. 2, 1975

[88 STAT.

to receive compensation at the maximum rate as may be established from time to time for GS-16 of the General Schedule under section 5332 of title 5 of the United States Code, No person shall be appointed to the position of People's Counsel unless that person is admitted to practice before the District of Columbia Court of Appeals. Before entering upon the duties of such office, the People's Counsel shall take and subscribe the same oaths as that required by the Commissioners of the Commission, including an oath or affirmation before the Clerk of the Superior Court of the District of Columbia that he is not percuniarily interested, voluntarily or involuntarily, directly or indirectly, in any public utility in the District of Columbia. (^ The People's Counsel is authorized to employ and fix the compensation of such employees, including attorneys, as are necessary to perform the functions vested in him by this Act, and prescribe their authority and duties. ^^) rjYie People's Counsel— (1) shall represent and appeal for the people of the District of Columbia at hearings of the Commission and in judicial proceedings involving the interests of users of the products of or services furnished by public utilities under the jurisdiction of the Commission; (2) may represent and appear for petitioners appearing before the Commission for the purpose of complaining in matters of rates or services; (3) may investigate the services given by, the rates charged by, and the valuation of the properties of, the public utilities under the jurisdiction of the Commission; and (4) is authorized to develop means to otherwise assure that the interests of users of the products of or services furnished by public utilities under the jurisdiction of the Commission are adequately represented in the course of proceedings before the Commission, including public information dissemination, consultative services, and technical assistance. SEC. '2. Paragraph 42 of section 8 of the Act of March 4, 1913 (makinjr appropriations for the government of the District of Columbia) (D.C. Code, sec. 43-412), is amended as follows: (g^,) The first seuteucc of such paragraph 42 is amended to read as follows: "The expenses, including the expenses of the Office of the People's Counsel, of any investigation, valuation, revaluation, or proceeding of any nature by the Public Service Commission of or concerning any public utility operating in the District of Columbia, and all expenses of any litigation, including appeals, arising from any such investigation, valuation, revaluation, or proceeding, or from any order or action of the Commission, shall be borne by the public utility investigated, valued, revalued, or otherwise affected as a special franchise tax in addition to all other taxes imposed by law, and such expenses with interest at 6 per centum per annum may be charged to operating expenses and amortized over such period as the Commission shall deem proper and be allowed for in the rates to be charged by such utility.". (b) The second sentence of such paragraph 42 is amended by inserting "; or certified by the People's Counsel with respect to his expenses" immediately before the period at the end of that sentence. (c) The third sentence of such paragraph 42 is amended by inserting "and the People's Counsel, combined" immediately after "Commission".

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Page:United States Statutes at Large Volume 88 Part 2.djvu/661

 88 STAT. ]

PUBLIC LAW 93-616-JAN. 2, 1975

1977

SEC. 3. For the fiscal year ending June 30, 1975, there is authorized D^^'°co'de'4> to be appropriated such sum, not to exceed $50,000, as may be neces- 205a.' sary to carry out the purposes of this Act. For the fiscal year ending June 30, 1976, and each fiscal year thereafter, there are authorized to be appropriated such sums, not to exceed $100,000 in any one fiscal year, as may be necessary to carry out the purposes of this Act. Approved January 2, 1975. Public Law 93-615 AN ACT

,

o,07,:

January 2, 1 975

To ameiid the Act of May 13, 1954, relating to the Saint Lawrence Seaway Development Corporation to provide for a seven-year term of office for the Administrator, and for other purposes.

[H. R. 17558]

Be it enacted by the Senate and House of Representatives of the Saint United States of America in Congress assembled, That (a) subsections Seaway Law r e n c e Develop(a) and (b) of section 2 of the Act of May 13, 1954, referred to as menTc^o^oratrcm the Saint Lawrence Seaway Act (33 U.S.C. 982), are amended to Administrator, T

» n

read as lollows:

./

\

/I

term of office.

M A N A G E M E N T OF CORPORATION

"SEC. 2. (a) The management of the corporation shall be vested in an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of seven years. Any Administrator appointed to fill a vacancy in that position prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.". (b) Subsection (c) of section 2 of such Act of May 13, 1954, is relettered as subsection (b), including any references thereto. SEC. 2. The amendments made to section 2 of the Act of May 13, f^%^cli2^' 1954, by the first section of this Act shall (1) take effect upon the first note. appointment of an Administrator of the Saint Lawrence Seaway Development Corporation which is made after the date of enactment of this Act, and (2) be applicable to such first appointment and to each subsequent appointment to such position. Approved January 2, 1975. Public Law 93-616 AN ACT

o 107. January 2, 1975

To designate a national laboratory as the "Holifleld National Laboratory".

[H. R. I7628]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Oak Ridge. ^^^ ^''•'^^^ ^a.. National Laboratory at Oak Ridge, Tennessee, shall hereafter be Tenn. ^ °''^'°'^y' known and designated as the "Holifield National Laboratory". Any Name change, reference in any law, map, regulation, document, record, or other paper of the United States to the Oak Ridge National Laboratory shall be held to be reference to the Holifield National Laboratory. Approved January 2, 1975.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/662

 PUBLIC LAW 93-617-JAN. 2, 1975

1978

[88

STAT.

Public Law 93-617 January 2, 1975 [H. R.17655]

Commemorative medals.

87 Stat. 417.

87 Stat. 4 6 1.

87 Stat. 913. Gold u s e, restriction. 86 Stat. 37.

Penalty.

AN ACT To extend for two years the authorizations for the striking of medals in commemoration of the one hundredth anniversary of the cable car in San Francisco and in commemoration of Jim Thorpe, 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 second sentence of the first section of the Act entitled, "An Act to authorize the striking of medals in commemoration of the one hundredth anniversary of the cable car in San Francisco" (Public Law 93-114), approved October 1, 1973, is amended by striking out "December 31, 1974" and inserting in lieu thereof "December 31, 1976". SEC. 2. Section 4 of the Act entitled "An Act to provide for the striking of medals in commemoration of Jim Thorpe" (Public Law 93-132), approved October 19, 1973, is amended by striking out "December 31, 1974" and inserting in lieu thereof "December 31, 1976". SEC. 3. The last sentence of the first section of the Act entitled "An Act to provide for the striking of medals commemorating the International Exposition on Environment at Spokane, Washington, in 1974", approved December 29, 1973 (Public Law 93-221), is amended by striking out "December 31, 1974" and inserting in lieu thereof "March 31, 1975". SEC. 4. (a) Except with respect to medals in commemoration of the bicentennial of the American Revolution authorized to be struck by Public Law 92-228 (approved February 15, 1972), no national medals made for public sale under authority of any law of the United States shall contain any gold without the express, prior approval, by law, of the Congress of the United States. (b) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both. Approved January 2, 1975. Public Law 93-618

January 3, 1975 [H. R, 1 0 7 1 0 ]

Trade Act of 1974. 19 USC 2101.

AN ACT To promote the development of an open, nondiscriminatory, and fair world economic system, to stimulate fair and free competition between the United States and foreign nations, to foster the economic growth of, and full employment in, the United States, and for other purposes.

Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled, That this Act, with the following table of contents, may be cited as the "Trade Act of 1974". TABLE OF CONTENTS TITLE I—NEGOTIATING AND OTHER AUTHORITY CHAPTER 1—RATES OF DUTY AND OTHER TRADE BARRIERS

Sec. Sec. Sec. St'c. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106. 107. 108. 109.

Basic authority for trade agreements. NontarifE barriers to and other distortions of trade. Overall negotiating objective. Sector negotiating objective. Bilateral trade agreements. Agreements with developing countries. International safeguard procedures. Access to supplies. Staging requirements and rounding authority.

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 88 STAT. ]

PUBLIC LAW 93-618-JAN. 3, 1975

1979

T A B L E O F C0NTE3SfTS—Continued CHAPTER 2 — OTHER AUTHORITY

Sec. 121. Steps to be taken toward GATT revision; authorization of appropriations for GATT. Sec. 122. Balance-of-payments authority. Sec. 123. Compensation authority. Sec. 124. Two-year residual authority to negotiate duties. Sec. 125. Termination and w i t h d r a w a l authority. Sec. 126. Reciprocal nondiscriminating treatment. Sec. 127. Reservation of articles for national security or other reasons. CHAPTER 3 — H E A R I N G S AND ADVICE CONCERNING

Sec. Sec. Sec. Sec. Sec.

131. 132. 133. 134. 135.

NEGOTIATIONS

International Trade Commission advice. Advice from departments and other sources. Public hearings. Prerequisites for offers. Advice from private sector.

CHAPTER 4 — OFFICE OF THE

SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS

Sec. 141. Office of the Special Representative for Trade Negotiations. CHAPTER 5—CONGRESSIONAL PROCEDURES W I T H RESPECT TO PRESIDENTIAL ACTIONS

Sec. 151. Bills implementing trade agreements on nontariff b a r r i e r s and resolutions approving commercial agreements with Communist countries. Sec. 152. Resolutions disapproving certain actions. Sec. 153. Resolutions relating to extension of waiver authority under section 402. Sec. 154. Special rules relating to congressional procedures. CHAPTER 6—CONGRESSIONAL L I A I S O N AND REPORTS

Sec. 161. Congressional delegates to negotiations. Sec. 162. Transmission of agreements to Congress. Sec. 163. Reports. CHAPTER 7 — UNITED STATES INTERNATIONAL TRADE COMMISSION

Sec. Sec. Sec. Sec. Sec.

171. 172. 173. 174. 175.

Change of n a m e of Tariff Commission. Organization of the Commission. Voting record of commissioners. Representation in court proceedings. Independent budget and authorization of appropriations.

TITLE II — R E L I E F FROM I N J U R Y CAUSED BY I M P O R T COMPETITION CHAPTER 1—IMPORT R E L I E F

Sec. 201. Investigation by International Trade Commission. Sec. 202. Presidential action after investigations. Sec. 203. Import relief. CHAPTER 2 — ADJUSTMENT ASSISTANCE FOR WORKERS

Subchapter A—Petitions and Determinations Sec. 221. Sec. 222. Sec. 223. Sec. 224.

Petitions. Group eligibility requirements. Determinations by Secretary of Labor. Study by Secretary of Labor when International Trade Commission begins investigation; action where there is aflarmative finding. Subchapter B—Program Benefits PART I—TRADE READJUSTMENT ALLOWANCES

Sec. 231. Sec. 232. Sec. 233. Sec. 234.

Qualifying requirements for workers. Weekly amounts. Time limitations on trade readjustment allowances. Application of State laws.

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